interpretation of the MM Act. Courts have consistently interpretted Section 15 U.S.C. 2302(C) of the United State Code, which states:

"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 sub-section may be waived by the Commission if

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

2. the Commission finds that such a waiver is in the public interest."

to mean that an aftermarket part that causes the problem requested to be fixed under warranty is not required to be covered under the warranty.

While, the burden is theoretically on Saab to demonstrate to the FTC that you had an ECU, and/or other parts in the vehicle that caused the damage to cylinder 4, there is the legal concept of res ipsa loquitur, which means that "the thing speaks for itself." In other words, if they can establish that without your negligent actions in modifying the car, the car wouldn't have overboosted and cylinder 4 would not have been damaged, then they (Saab) will effectively shifted the burden of proof to you.

I feel really sorry for you Steve, but my instinct (not legal advice) is that the many folks that have mentioned that Saab may have people here looking at these boards are probably correct. Even w/out your confession of the mod's as evidence, I think you'll have an uphill battle against Saab.

That being said, I suggest that you take a careful read of the Saab warranty exclusions and see what they say. Further, if you decide to pursue a claim against Saab, consider the theory that there is an implied warranty for fitness for a particular purpose under the Uniform Commercial Code. IIRC, Saab cannot disclaim these warranties under the MM Act. However, the mod's may void this implied warranty.

If you need an attorney, let me know and I'll help you find one.

Again, I'm sorry to hear about this. I am surprised that the engine couldn't take it.

-Michael

posted by 69.140.131...

• Saab's not gonna cover it!!, Steve88SiS, Thu, 15 Apr 2004 14:57:16
  • Maybe I should get a rwd V8 car w/ a blower - nah!!, Steve88SiS, Fri, 16 Apr 2004 17:48:04
    • come on steve...go all out!!, nickR, Fri, 16 Apr 2004 19:45:29
      • It will be interesting, but my car will be ......, KevinY, Sat, 17 Apr 2004 22:39:51
        • Re: It will be interesting, but my car will be ......, TERRY, Sat, 17 Apr 2004 23:01:15
  • I would negotiate, davenew, Fri, 16 Apr 2004 15:35:00
    • Boost was 18psi a/f ratio was good, Steve88SiS, Fri, 16 Apr 2004 17:45:07
      • Re: Boost was 18psi a/f ratio was good, Brad, Fri, 16 Apr 2004 18:52:43
        • torque limit, davenew, Sat, 17 Apr 2004 14:36:52
  • My Viggen story, Philip HS, Fri, 16 Apr 2004 11:38:44
    • 2004 viggen?, nickR, Fri, 16 Apr 2004 12:25:10
      • Re: 2004 viggen?, AdamB , Sat, 17 Apr 2004 03:25:42
      • more on forged pistons, nickR, Fri, 16 Apr 2004 12:29:19
        • Re: more on forged pistons, Philip HS, Fri, 16 Apr 2004 14:08:23
  • Re: Saab's not gonna cover it!!, serendipity, Fri, 16 Apr 2004 07:47:15
  • I should keep my thoughts to my self but, Brad, Fri, 16 Apr 2004 06:02:11
    • More things I should not say, Brad, Fri, 16 Apr 2004 09:21:30
      • Re: More things I should not say, TERRY, Fri, 16 Apr 2004 11:57:48
      • Re: More things I should not say, Dean, Fri, 16 Apr 2004 09:33:04
        • Re: More things I should not say, Brad, Fri, 16 Apr 2004 10:01:11
          • Dean, I posted some info about my IC experiences, Vigge, Fri, 16 Apr 2004 10:50:14
          • Re: More things I should not say, jak , Fri, 16 Apr 2004 10:40:47
    • dont blame SQR, nickR, Fri, 16 Apr 2004 08:37:01
    • Most ecu tuner do cover the cost, ckpaden, Fri, 16 Apr 2004 08:02:05
      • Chipcenter offers gaurantee, nickR, Fri, 16 Apr 2004 08:34:31
    • I'm not buying SQR..., DaveD, Fri, 16 Apr 2004 07:56:49
      • I just had it on a dyno & A/F was 12:1 to redline, Steve88SiS, Fri, 16 Apr 2004 17:35:20
      • I met frank & watched while....., jak , Fri, 16 Apr 2004 09:38:22
      • SQR is awesome, period., TERRY, Fri, 16 Apr 2004 09:00:02
        • Some clarification, Vigge, Fri, 16 Apr 2004 12:43:50
          • Re: Some clarification, TERRY, Fri, 16 Apr 2004 13:22:26
            • Re: Some clarification, Vigge, Fri, 16 Apr 2004 14:20:09
              • Re: Some clarification, TERRY, Fri, 16 Apr 2004 16:02:44
                • Re: Some clarification, Vigge, Sat, 17 Apr 2004 00:25:55
      • Re: I'm not buying SQR..., ckpaden, Fri, 16 Apr 2004 08:03:56
        • Re: I'm not buying SQR..., ed smith, Fri, 16 Apr 2004 17:27:20
  • You haven't asked, but I have to disagree with your, MichaelG, Thu, 15 Apr 2004 19:30:51 <-- Viewing This Message
    • SAAB does watch these BBs..., WASSAAB, Fri, 16 Apr 2004 11:09:40
      • Re: SAAB does watch these BBs..., Harpua, Sun, 18 Apr 2004 11:31:09
        • Harpua, who is that?? Funny regardless. :o) n/m, TERRY, Sun, 18 Apr 2004 21:15:59
          • Re: Harpua, who is that?? Funny regardless. :o) n/m, Harpua, Sun, 18 Apr 2004 21:23:44
    • Re: You haven't asked, but I have to disagree with your, john, Thu, 15 Apr 2004 19:46:45
  • Arbitration?, ckpaden, Thu, 15 Apr 2004 19:19:40
    • careful here...., MichaelG, Thu, 15 Apr 2004 19:33:17
      • Eagle talon, ckpaden, Fri, 16 Apr 2004 07:58:20
  • Re: Saab's not gonna cover it!!, steve, Thu, 15 Apr 2004 18:47:36
    • I understand Steve's frustration.....(longish), TERRY, Thu, 15 Apr 2004 20:34:00
      • You're assuming that there wasn't a glitch, AdamB , Fri, 16 Apr 2004 02:42:52
        • Re: You're assuming that there wasn't a glitch, TERRY, Fri, 16 Apr 2004 09:09:02
        • Re: You're assuming that there wasn't a glitch, Vigge, Fri, 16 Apr 2004 05:27:34
          • I stand corrected, AdamB , Sat, 17 Apr 2004 03:14:00
          • GOOD PIC !!!!!This is EXACTLY what I was talking about!, TERRY, Fri, 16 Apr 2004 08:48:36
          • Re: You're assuming that there wasn't a glitch, BrianS, Fri, 16 Apr 2004 07:18:47
      • come to think of it, steveC, Thu, 15 Apr 2004 22:18:43
  • Re: Saab's not gonna cover it!!, TERRY, Thu, 15 Apr 2004 16:39:09
  • that too bad:-(...however, steveC, Thu, 15 Apr 2004 16:34:07
  • I feel for you, nickR, Thu, 15 Apr 2004 16:05:34
    • ...that was "financial" damage I was referring to, nickR, Thu, 15 Apr 2004 16:06:34
  • Not to rub salt in your wound..., AdamB , Thu, 15 Apr 2004 15:44:57
  • sorry to hear the bad news, but I wouldn't blame Saab, Chad B, Thu, 15 Apr 2004 15:20:19
    • Re: sorry to hear the bad news, but I wouldn't blame Saab, ed smith, Thu, 15 Apr 2004 17:24:32

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