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My reading of Mag Moss 2302(c): (see ALL CAPS)
15 USC § 2302(c):
(c) Prohibition on conditions for written or implied warranty; waiver by Commission
(THE DEALER/SELLER CANNOT ADD CERTAIN CONDITIONS TO ANY WARRANTY WITHOUT GETTING ADVANCE PERMISSION FROM THE FEDERAL TRADE COMMISSION)
No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer's using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name; except that the prohibition of this subsection may be waived by the Commission if--
(THE SELLER CANNOT ADD TO ANY WARRANTY UNFAIR/OVERLY BROAD/BRAND SPECIFIC LIMITATIONS OR CONDITIONS THAT REQUIRE A BUYER TO USE ONLY CERTAIN BRANDS/SERVICE PROVIDERS OR REQUIRE A BUYER TO AVOID CERTAIN BRANDS/SERVICE PROVIDERS WITHOUT GETTING An ADVANCE WAIVER FROM THE FTC)
(1) the warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and
(SELLER CAN REQUIRE THE USE OF BRANDED/DEALER CERTIFIED PRODUCTS AND SERVICES IF IT CAN PROVE THAT FAILING TO DO SO WILL CAUSE THE SOLD ITEM TO MALFUNCTION)
(2) the Commission finds that such a waiver is in the public interest.
(I THINK YOU CAN GUESS THIS ONE...)
The Commission shall identify in the Federal Register, and permit public comment on, all applications for waiver of the prohibition of this subsection, and shall publish in the Federal Register its disposition of any such application, including the reasons therefor.
(THE FTC WILL PUBLISH ANY SUCH APPLICATION FOR A WAIVER IN THE FED. REGISTER [which is available online through numerous sources]).
This could be, and most likely is, limited to people who want to use non-dealer PARTS, not non-dealer services, on their warrantied cars. This is really for things like aftermarket mufflers, power adders, radios, batteries, etc. BUT, the language: "No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer's using, in connection with such product, any article or SERVICE" suggests that it's not limited to just parts. BUT ALSO, right after that, it says that if it's free (the parts and or service), then they CAN make such a condition part of a warranty.
So, I think I just answered my own question! ;o)
Mike
05 9-5 Aero
06 9-7X 5.3i
88 Porsche 928 S4
posted by 149.101.1...
, Wed, 16 Jul 2008 08:53:22
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