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> Don't worry about Evo's Sam!!
bruecksteve
post Jun 16 2004, 02:07 AM
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I couldn't help but laugh when I read this... I hate it for the owners but I'm sure they can beat it...

http://forums.evolutionm.net/showthread.ph...25&page=1&pp=15
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bruecksteve
post Jun 16 2004, 11:01 PM
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So in other words, don't buy any high performance vehicle and use it as such, is that what I hear??

I don't pay the big bucks to buy a performance vehicle only to have the manufacture tell me they're not going to warranty my car if I autocross. Why even buy one then???? Why not just get a used one???

Read an attorney's opinion...

"Here is my perspective as an attorney and Evo owner (those who have been trashing attorneys thus far should feel to skip to the next post):

This is a warranty issue which means it's a contract dispute, an area attorneys know something about.

As the antimated debate on this post demonstrates, there is a wide range of opinon on what constitutes "racing".

Although the Mitsu warranty book (which I have read several times) says the warranty does not cover damage from racing, it never defines what the highly debatable term "racing"encompasses.

The rule for construing contracts is that the drafter bears the burden of showing what its terms mean and, ambiguities are construed against it: if the terms are unclear, that's the drafter's problem, not the buyer's. Here Mitsu's attorneys had total control of the warranty language, our input as buyers was zero: take it or leave it bub.

There is nothing in the warranty book about timed events voiding the warranty. Trying to add language to that effect, after the contract is signed and the car delivered is like the dealer sending you a letter two weeks after you bought the car saying he's just raised the purchase price $10K. Too bad Mitsu, you made the deal, you live with it.

My insurance coverage with State Farm defines racing. It says racing does NOT include auto-x or track days. Thus damage from that type of activity is protected by the insurance ( and I have the $3K check to prove it). I would argue that the insurance industry definition of racing is relevant in interpreting the term as used here.

There are no courtroom remedies here, our warranty specifies arbitration as the dispute resolution process.

Even if you do race your car, only that damage caused by racing is excluded, per the warranty. So, if the paint fades, that is still covered, even for the hardcore SCCA T-1 racers, duking it out with Vipers evey weekend.


See you at the track."
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bruecksteve   Don't worry about Evo's Sam!!   Jun 16 2004, 02:07 AM
00 Trans Ram   I saw this a few days ago, and thought it was just...   Jun 16 2004, 03:09 AM
98_1LE   QUOTE This is very common but also logical. Subaru...   Jun 16 2004, 03:14 AM
trackbird   QUOTE (00 Trans Ram @ Jun 15 2004, 10:09 PM)I...   Jun 16 2004, 04:07 AM
trackbird   QUOTE (98_1LE @ Jun 15 2004, 10:14 PM)That pr...   Jun 16 2004, 04:08 AM
Nestromo   We will warranty cars with suspension (Ford). But...   Jun 16 2004, 04:25 AM
98_1LE   QUOTE (trackbird @ Jun 15 2004, 10:08 PM)And,...   Jun 16 2004, 11:37 AM
bruecksteve   I think the issue is how the cars were marketed. T...   Jun 16 2004, 12:14 PM
trackbird   Not every failure is race related. But, if they fi...   Jun 16 2004, 01:00 PM
bruecksteve   And that's part of my point, are Z28's and...   Jun 16 2004, 02:10 PM
mitchntx   I've always contended there was a definite and...   Jun 16 2004, 02:22 PM
trackbird   I'll not disagree that they seem underbuilt. B...   Jun 16 2004, 02:26 PM
AllZWay   I think Mitsu surfing the web finding offenders is...   Jun 16 2004, 02:29 PM
Nestromo   I know a fellow with an '03 Z06. Another of h...   Jun 16 2004, 03:08 PM
prockbp   i feel that it is the responsibility of manufactur...   Jun 16 2004, 03:17 PM
bruecksteve   I agree, and if it were your Evo that broke while ...   Jun 16 2004, 03:22 PM
mitchntx   QUOTE (mitchntx @ Jun 16 2004, 08:22 AM)2) a ...   Jun 16 2004, 03:25 PM
Nestromo   QUOTE (prockbp @ Jun 16 2004, 09:17 AM)if you...   Jun 16 2004, 03:38 PM
pknowles   QUOTE How has GM handled the "track" Z06...   Jun 16 2004, 03:39 PM
pknowles   I would also say that the manufacturer has to clea...   Jun 16 2004, 03:47 PM
trackbird   QUOTE (prockbp @ Jun 16 2004, 10:17 AM)i feel...   Jun 16 2004, 03:59 PM
trackbird   Wow, there were 5 posts while I was typing that la...   Jun 16 2004, 04:02 PM
jraskell   QUOTE I can just as easily do a 6000 rpm launch on...   Jun 16 2004, 04:09 PM
trackbird   QUOTE (pknowles @ Jun 16 2004, 10:39 AM)I...   Jun 16 2004, 04:12 PM
Barney   GM walked away from my C5 the first year because i...   Jun 16 2004, 04:27 PM
trackbird   QUOTE (Barney @ Jun 16 2004, 11:27 AM)GM walk...   Jun 16 2004, 04:48 PM
Barney   I left it in Ohio at Mallett cars for a year. Aft...   Jun 16 2004, 05:15 PM
mitchntx   So Kevin, are you independently wealthy or a male ...   Jun 16 2004, 05:18 PM
Barney   Dealer... You know I made 1 million dollars raci...   Jun 16 2004, 05:28 PM
pknowles   QUOTE Do a 6000 rpm launch right in front of your ...   Jun 16 2004, 05:40 PM
trackbird   QUOTE (Barney @ Jun 16 2004, 12:15 PM)I left ...   Jun 16 2004, 06:24 PM
mitchntx   QUOTE (Barney @ Jun 16 2004, 11:28 AM)Dealer....   Jun 16 2004, 07:55 PM
LT4Firehawk   The folks at the Chevy dealership where I had all ...   Jun 16 2004, 08:07 PM
ESPCamaro   My opinion. Don't sell a high performance veh...   Jun 16 2004, 09:46 PM
prockbp   QUOTE (trackbird @ Jun 16 2004, 09:59 AM)I th...   Jun 16 2004, 10:24 PM
98_1LE   I think what you guys are missing is that "de...   Jun 16 2004, 10:33 PM
bruecksteve   So in other words, don't buy any high performa...   Jun 16 2004, 11:01 PM
Formula WS6   what was that comment about timed events void warr...   Jun 17 2004, 02:32 AM
00 Trans Ram   QUOTE (trackbird @ Jun 15 2004, 10:07 PM)QUOT...   Jun 17 2004, 02:45 AM
trackbird   QUOTE (00 Trans Ram @ Jun 16 2004, 09:45 PM)B...   Jun 17 2004, 02:49 AM
00 Trans Ram   OK, now my "lawyer side" is coming out (...   Jun 17 2004, 02:58 AM
00 Trans Ram   One last thing, then I'll let a few others hav...   Jun 17 2004, 03:05 AM
trackbird   That was very cool of them.   Jun 17 2004, 03:33 AM
CMC #37   Very cool indeed! I have had lots of similar e...   Jun 17 2004, 05:11 AM
AllZWay   This whole Mistu case might be an interesting one ...   Jun 17 2004, 01:15 PM
bruecksteve   QUOTE (00 Trans Ram @ Jun 16 2004, 10:05 PM)O...   Jun 17 2004, 01:45 PM
Eric02z   Its the Magnuson-Moss act of 1975.... http://www....   Jun 18 2004, 03:03 AM
trackbird   QUOTE (Eric02z @ Jun 17 2004, 10:03 PM)Its th...   Jun 18 2004, 05:41 AM

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