Don't worry about Evo's Sam!! Options

[00 Trans Ram]

OK, now my "lawyer side" is coming out (no, I'm not a lawyer, but I am accused of it often).

Ever watched their (or any car maker's commercial) and noticed the little writing at the bottom? The stuff that says, "Professional driver on a closed course"? Well, they are advertising a car for $30,000 that does those things on a closed course. So, if I paid $30,000, then went to a "closed course" (aka: autocross!), aren't I doing exactly what the commercial advertised that my car was capable of doing? So, if they are using "extreme maneuvers" on a "closed course" to sell the car, how can they refuse to warranty said car retroactively? Sure, if you signed something that says, "I promise that I will never drive the car like the advertisements depicted. If I do, I nullify all warrantied, implied and explicit." then that is one thing - but I never signed anything like that! Are they really using advertising that shows a car doing things that breaks the contract that they wrote? Seems like flawed logic, to me at least. (IMG:http://www.frrax.com/rrforum/style_emoticons/default/dry.gif)

Like I said, I'm not a lawyer, so I don't know if you can legally advertise your product by showing doing things that nullifies a contract written by them. But, I am fairly logical - and this seems a bit off.

[00 Trans Ram]

One last thing, then I'll let a few others have a chance.

I've NEVER been upset with a GM dealer for covering things. I bought my 2000 T/A used. I knew the guy before me had done a few things to it (Borla tips, carbon fiber air lid, chrome hood struts and latch). Well, gong down the road, I threw both belts. Come to find out, my harmonic balancer had come apart. So, being that it is still under an extended warranty, I gave it to the dealer.

About 2 days later, I got a call from them. They said that they really don't cover non-factory parts. I told him that, while I had suspension and exhaust work, that really shouldn't have affected the balancer (sort of the same arguement I made before). Then, he tells me that it is an aftermarket balancer. It turns out the guy had installed an ASP pulley! Well, either the guy felt sorry for me, or he was just really nice. They replaced the pulley with a stock unit!! Sure, I gave up a bit of power, but I didn't have to pay a dime over the $50 warranty charge. Now THAT is what makes me loyal!

[trackbird]

That was very cool of them.

[CMC #37]

Very cool indeed! I have had lots of similar experiences with my local GM dealers, probably mainly because I always knew someone who worked there, and hubby worked for GM dealerships for many years. They know not to mess with me, and they usually ask about my racing!

[AllZWay]

This whole Mistu case might be an interesting one to watch as I bet it finds it's way to court.

If Mitsu prohibits racing in their manual, but doesn't define racing then I am sure someone will attempt this in court.

Although.. Most insurance companies and "prudent" people assume racing to be a timed competitive event..... However...what about non-timed, non-competitive events such as HPDE's???

I could see this type of court case having an effect eventually on insurance regulations.

A good argument for the Mitsu owners was brought up about the Commercials and mention of closed course driving though.

My guess is that if Mitsu prohibits racing with their cars and it is expressed as such in the manual, then I think they would win this case...but I am certainly not a lawyer. (IMG:http://www.frrax.com/rrforum/style_emoticons/default/blink.gif)

[bruecksteve]

One last thing, then I'll let a few others have a chance. 

I've NEVER been upset with a GM dealer for covering things.  I bought my 2000 T/A used.  I knew the guy before me had done a few things to it (Borla tips, carbon fiber air lid, chrome hood struts and latch).  Well, gong down the road, I threw both belts.  Come to find out, my harmonic balancer had come apart.  So, being that it is still under an extended warranty, I gave it to the dealer. 

About 2 days later, I got a call from them.  They said that they really don't cover non-factory parts.  I told him that, while I had suspension and exhaust work, that really shouldn't have affected the balancer (sort of the same arguement I made before).  Then, he tells me that it is an aftermarket balancer.  It turns out the guy had installed an ASP pulley!  Well, either the guy felt sorry for me, or he was just really nice.  They replaced the pulley with a stock unit!!  Sure, I gave up a bit of power, but I didn't have to pay a dime over the $50 warranty charge.  Now THAT is what makes me loyal!

There is a law the prohibits dealers from refusing to fix broken items that are not related to the other modifications. Since yours was an aftermarket part they didn't have to fix that.

If you had rpped out your suspension and started over and your balancer broke, they are required to fix the balancer, there is no relationship between that and the suspension. I can't remember exactly how the law reads now but I'll find it...

[Eric02z]

Its the Magnuson-Moss act of 1975....

http://www.enjoythedrive.com/content/?id=7253

[trackbird]

Its the Magnuson-Moss act of 1975....

http://www.enjoythedrive.com/content/?id=7253

As an ex employee of Jegs High Performance, I'm familiar with that one.

I have found that as I am older these days, I still drive hard, but I don't break things. I broke the 700-R4 in my '89 Formula 11 times (broke 6 sets of planetary gears, the car ran 15's). I destroyed 1 ring and pinion. I swapped to a 5 speed and trashed 3 clutches in less than 10k. It's guys like me that I was saying the dealer should not be held responsible for. There are guys that drive them like they are trying to break them, and they often do (I did). If you beat a car sensless and break it, tough luck. That was what I was trying to explain earlier. If I snap a crankshaft on a stock motor while autocrossing, I'd probably take it back (if I still had a warranty). If I snap it on a road course after running it all day long, I would assume that "I'm buying" (I may ask the dealer to look at it, but I'd not be suprised if they don't cover it). That was the difference I was trying to establish. Some guys just abuse stuff and expect the dealer to cover it. As I said, the guy on his 3rd clutch this year, or the guy who has broken multiple T-56s. If you are on your 4th rear end and still bitching at the dealer to fix it, you need to understand the error of your ways. A lightweight checkbook will usually fix those habits quickly.

I'm not just talking about aftermarket parts on cars, I'm speaking of the "chronic abusers" that buy a car and beat it to death from day one. Then they bitch when things go boom. GM should not have to pay for "abuse" (track or otherwise, though most track guys are less apt to just break stuff by sheer abuse, we may wear it out, but we usually don't just beat it up).

Now, if you'll excuse me, I've got a clutch to toast...... (IMG:http://www.frrax.com/rrforum/style_emoticons/default/biggrin.gif)