Quote:
Originally Posted by FERRARI
But which side of the argument is the Burden of Proof on?
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This is the way it work. And I will use the oil cooler as example but it can be any aftermarket part.
1. You go and purchase any oil cooler (professionally manufactured and tested) and install it on your car.
a. You take your car for oil change and the manager tell you, that your whole car is out of warranty because of the oil cooler. That is a BIG NO. They can't do that.
b. You get a Check Engine. They tell you they can't check the car until you remove the oil cooler cause that will void your warranty. BIG NO. THey Can't do that.
c. Your Radio, or GPS, or your AC goes bad. They use the oil cooler as excuse to charge you more when that is covered under warranty. BIG NO.
2. The dealer need to follow the recommended steps before making any desicion. So to answer your question who has the burden of proof.
You purchase the Oil Cooler from Nissan or from Stillen. Both are proof to improve one way or another the oil temperature (not fix it). They are both professionaly manufactured and tested. You take your car to the dealer because you have a check engine light. The dealer has to take your car like any other regular nissan for check. They connect the computer and they need to perform all the check necesary to identify why the CEL is on. Let's Say the CEL is becuase you are mixfiring or another type of failure. And the dealer come back to you and tell you. The problem is the oil Cooler you installed. Is not covered under warranty so is $1,200. At that point you have the right to request the analisys they did and how they reach to that conclusion. With the paperwork, you call the manufacturer of the oil cooler, and you explain that their item cause a problem. They definetively will say No Way. Then you ask the manufacturer that they need to put in writing why they are claiming their product is not their problem.
Sadly this is a back and forward calls and paperwork, you also have to search online, ask here for opinion. After you have all the necesary documentation that either is or no the oil cooler then you go agains the one that is wrong and have it fix. Is a tedious process, I've been trough that with my Eclipse 4G. But at the end you will find out that the dealer don't have a clue what the Magnuson Law is and 90% of the time they are wrong and they just want any excuse to void your warranty and charge you full price.