Voided Warranty

[Derwud]

Originally Posted by Smoke05

Durwood, It is pretty cut and dry and a letter is not going to change that. He is running a lift kit which changes the angles of the steering and suspension geometry as well as oversized tires. On top of it all the lift kit was aftermarket and is considered a modification to the truck. More than likely the kit even has a statement saying it is for offroad use only and may void manufacturers warranty and so on. This is a slam dunk for denial as it directly affects the broken parts. This isn't like blaming a blown tranny or rearend on an aftermarket muffler.

Dude... seriously.. Figure out how to spell my screen name.

You know nothing about me or what I might know... If you feel the need to contiue this, let's keep it out of threads and take it to PM's

It is up to the dealer and the manufacture to PROVE that the lift caused the failure... I will bet you, they can't!! Not with people with stock Titans blowing racks as well...

Oh, and have a good day!

[Smoke05]

Originally Posted by Derwud

Dude... seriously.. Figure out how to spell my screen name.

You know nothing about me or what I might know... If you feel the need to contiue this, let's keep it out of threads and take it to PM's

It is up to the dealer and the manufacture to PROVE that the lift caused the failure... I will bet you, they can't!! Not with people with stock Titans blowing racks as well...

Oh, and have a good day!

Edited my previous post as I honestly did not mean to spell your name wrong.

FWIW You know nothing about me either. Was not attacking you in this thread. Just because some racks fail in normal applications does not mean they will cover a truck with an after market 6" lift installed and after market wheels and tires. Yes, they have to prove it, but there is plenty of evidence of modifications to systems connected to the failed part. A stock Titan is covered under warranty. Nowhere to hide there. Open and shut case for coverage. Once the vehicle is altered from stock by an unapproved 3rd party you open yourself up to what the OP is experiencing. From the sounds of it he has a dealer that has run into these situations before.

[Derwud]

The OP stated that they were denied because of the lift/modified. Nobody has proven that the lift or Mods are the cause. only blaming it and that is two different things. Are the dealer or Manufacture willing to go to court to prove that the lift caused it?

[Smoke05]

Originally Posted by Derwud

The OP stated that they were denied because of the lift/modified. Nobody has proven that the lift or Mods are the cause. only blaming it and that is two different things. Are the dealer or Manufacture willing to go to court to prove that the lift caused it?

Do you honestly think the OP wants to go to court? It will cost him far more than Nissan. Who's he going to bring as a witness? The crooked installer? It is open and shut and would not be pretty. He had non Mag-Moss covered parts installed in the exact area of the failure. Those same parts can easily cause issues with the steering linkage geometry. Dig deeper and who knows what the installer did when he put the kit on. I'm willing to bet the instructions for the lift kit even states it "may void manufacturers warranty". Have seen this go down many times when I had my Subaru and frequented NASIOC.com's forums. This is far simpler to prove than most cases. They aren't suspecting abuse or trying to blame a K&N.

[daptech]

Originally Posted by Derwud

.............
It is up to the dealer and the manufacture to PROVE that the lift caused the failure..................

I've seen that statement hundreds of times in forums & vendor
websites, but never any USEFUL info. What is the level of proof
required by the maufacturer? Does the manufacturer have to
prove that a particular mod caused a particular failure
on a particlar vehicle or is all that
is required that the manufacturer show by using general engineering
principles that the mod causes more stress, wear etc that could
result in a failure.
Also, I believe that disputes with Nissan must go through the
BBB Autoline arbitration process before action can be taken
with the M-M Act.

[Derwud]

Originally Posted by daptech

I've seen that statement hundreds of times in forums & vendor
websites, but never any USEFUL info. What is the level of proof
required by the maufacturer? Does the manufacturer have to
prove that a particular mod caused a particular failure on a particlar vehicle
or is all that
is required that the manufacturer show by using general engineering
principles that the mod causes more stress, wear etc that could
result in a failure.
Also, I believe that disputes with Nissan must go through the
BBB Autoline arbitration process before action can be taken
with the M-M Act.

Well in this case the dealer and manufacture would need to prove that the OP's rack failed due to the lift or lifts install. What is working in the OP's favor is stock Titans are also spitting out racks. So they would have to prove that his rack failed differently than every other rack.. So it's an up hill battle for them.

Now if it was a trans failure, you would have a much tougher fight since there aren't as many.

Yes, you have to go through BBB for Lemon Law. But, denial of warranty is whole different monster...

[daptech]

Originally Posted by Derwud

....................
Yes, you have to go through BBB for Lemon Law. But, denial of warranty is whole different monster...

Not sure, but it seems like Nissan is saying that all warranty disputes
must use Auto Line before the M-M Act can be used.
-
from the Nissan warranty:
BBB AUTO LINE is an informal dispute settlement
mechanism operated to comply with
applicable Federal law and regulations. In
states where BBB AUTO LINE is available, you
are required to use BBB AUTO LINE before exercising
rights or seeking remedies under Title 1
of the Federal Magnuson-Moss Warranty Act, 15
U.S.C.§2301, et. seq.

[Derwud]

Originally Posted by daptech

Not sure, but it seems like Nissan is saying that all warranty disputes
must use Auto Line before the M-M Act can be used.
-
from the Nissan warranty:
BBB AUTO LINE is an informal dispute settlement
mechanism operated to comply with
applicable Federal law and regulations. In
states where BBB AUTO LINE is available, you
are required to use BBB AUTO LINE before exercising
rights or seeking remedies under Title 1
of the Federal Magnuson-Moss Warranty Act, 15
U.S.C.§2301, et. seq.

They use to have a different way to handle denial of warranty vs. Lemon law/unable to repair.

[motoxcrash]

I went all routes! I used BBB, The new Motor Vehicle Board, Nissan USA, Multipal Dealer's in my area, and even the local news channel's "Problem Solvers"..... They all shot me down. So I ended up finding a rack for $300. I pulled the old rack out in about an hr or so, I have to pick up the new rack tomorrow am. I should have it rolling by mid afternoon to get an alignment. Its a pretty easy fix on my own. Thanks for all your help and concern guys!!!! This has def become a new favorite web site for me!!!!

[daptech]

It's a very controversial topic in automotive forums, but the way
I see it is......if you alter or modify your vehicle you give up
some of your warranty/legal rights.
Most Lemon Laws contain a statement like this:
The Lemon Law DOES NOT Cover:
Altered or modified vehicles
As I have stated before, there is a reason why the Nissan Warranty
& Owner's Manual contain the terms "altered" & "modified".
There is a good chance that someone trying to use the M-M Act
will encounter similar problems depending on the extent of the mods.