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HKS always stands by their products. When HKS first made these Hi Power exhausts, they used a base (non sports model) as a test mule. So, there was a small issue with midpipe . HKS then sent FREE updated midpipe to all the owners that installed the first gen exhaust!
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Actually what happened was HKS made the initial prototype and sent it to Japan. Japan made the jig and sent a production sample to HKS USA to approve (this is how all systems are made). HKS gave them the go ahead for production because the sample was an exact match. In an unusual mistake HKS Japan welded the brace between the sub resonators upsidedown on the first production run causing it to touch the drive shaft I think.
Here is a pic I took from the link AK provided on the first member to have an issue (bad):
Here is a pic of AK's exhaust (good):
You can see how it was inverted.
Anyway I was told when I was there for the Nismo test fit that that first batch was resolved a long time ago and all systems shipping have the properly aligned brace.