Engine Locked Down, BRP Want Cover Under Warranty

[Knarfoh]

Sorry but I respectfully disagree.

1st, If a product is under warranty it is from the manufacturer (BRP) not necessarily the dealer. The manufacturer (not dealer) MUST honor their own warranty. To that end, ANY authorized dealer that can do the work should. They then are reimbursed by BRP for honoring THEIR warranty - NOT a dealer specific warranty. RESPONSE: THE POINT IS, THE MANUFACTURER SAYS IT IS NOT UNDER WARRANTY. WHATEVER WARRANTY HE HAD WAS VOIDED BY HIS MODS. YOU ARE USING A CIRCULAR ARGUMENT. YOU ARE SUGGESTING THERE IS A WARRANTY UNLESS THEY CAN PROVE THE MOD IS RESPONSIBLE. THEY ARE INVOKING THE LANGUAGE IN THEIR WARRANTY THAT VOIDS WARRANTY COVERAGE IF THERE WERE MODS PERFORMED ON THE SPYDER. THEY DO NOT HAVE TO TAKE IT ANY FURTHER THEN THAT BASED UPON AN AGREED FACT: THE ENGINE WAS MODIFIED.

2nd, The problem is that it is NOT clear it is the owners fault because no individual can specifically point to and say, "It failed because your unauthorized modification caused this component right here to fail due to _______". Simply saying it failed because a mod was done clearly fails to show proof the mod was the culprit of the failure or premature failure. RESPONSE: APPARENTLY THERE IS A COMMON BELIEF THAT THE MANUFACTURER MUST DO MORE THEN THEY HAVE DONE IN THIS CASE. THE POLICY SAYS "MODS VOID THE WARRANTY". END OF STORY. BASED UPON THEIR POSITION, THEY HAVE NO OBLIGATION TO TRY TO DETERMINE THE CAUSE OF HIS PROBLEM. THE ONE FACT WE ARE ALL AGREEING ON (MANUFACTURER, SPYDER OWNER, YOU & I) IS HE HAD MODS INSTALLED ON HIS SPYDER. WE ALL AGREE ON THAT. SOME OF US ARE OF THE OPINION IT IS THE MANUFACTURER'S RESPONSIBILITY TO DETERMINE IF THOSE MODS CAUSED AND/OR CONTRIBUTED TO THE PROBLEM. I RESPECTFULLY SUGGEST THEY ARE UNDER NO RESPONSIBILITY TO DO SO. IF THE SPYDER OWNER WANTS TO HIRE HIS OWN ATTORNEY AND EXPERTS TO CONTRADICT THE EFFECTS OF HIS MODS, HE IS FREE TO DO SO. BUT WHY ARE SOME PEOPLE OF THE OPINION THE MANUFACTURER DO THIS ON HIS BEHALF? AS I SUGGESTED EARLIER, ADDING A L.E.D. LIGHT IS A LOT DIFFERENT THEN TINKERING WITH THE MECHANICS OF THE ENGINE.

3rd, Regardless of WHERE or WHO you bought your BRP product from, BRP authorizes their dealers to act as their agent to explain and endorse their warranty(s) upon purchase. Any dealer saying they refuse to do warranty work on a BRP product they didn't sell you seems to me that they do more harm to the name "BRP" than good. Not having a qualified tech or tools to repair products they advertise they work on is false advertising and should be reported to both BRP and your local BBB. RESPONSE: FRANCHISED DEALERS MUST HONOR THEIR AGREEMENTS WITH THE MANUFACTURER, INCLUDING DOING WARRANTY WORK FOR NON-CUSTOMERS. MANY STATES HAVE MOTOR VEHICLE DEALER BOARDS. IF A DEALER IS NOT HONORING HIS OBLIGATION, THE MANUFACTURER SHOULD BE CONTACTED AS WELL AS THE DEALER BOARD. ALSO, MANY STATE ATTORNEY GENERALS HAVE A SECTION CALLED CONSUMER SALES PRACTICES WHICH MIGHT BE HELPFUL. IN REGARDS TO DEALERS HONORING WARRANTY WORK FOR NON-CUSTOMERS, MY LOCAL DEALER SELLS A TON OF MOTORCYCLES, JET SKIS, ATV'S, ETC. BECAUSE THE NATURE OF THEIR BUSINESS IS SEASONAL, GETTING HELP IN THE SPRING IS DIFFICULT. HOW DO YOU ARGUE THE DEALER IS SCREWING WITH YOU ON WARRANTY REPAIRS IF WE ARE TALKING WEEKS INSTEAD OF DAYS? WHEN I SCHEDULED MY 600 MILE SERVICE, I HAD TO WAIT 2 AND HALF WEEKS TO GET MY SPYDER IN AND I KNOW THE DEALER WASN'T SCREWING WITH ME. HE WAS JUST THAT BUSY.

4th, If the failure is found to be the result of said unauthorized mod, then it by definition is NOT a warranty issue and becomes the financial responsibility of the owner. RESPONSE: BUT IF YOU ARE PLACING THE RESPONSIBILITY ON THE MANUFACTURER/DEALER TO MAKE THAT DETERMINATION, I HUMBLY DISAGREE WITH YOU. THEY HAVE MADE A DETERMINATION (BASED ON ANOTHER PROVISION OF THEIR WARRANTY DOCUMENT), I.E. MODS VOID THE WARRANTY. WHY WOULD THEY GO ANY FURTHER THEN THEY HAVE? ONCE THEY START AGREEING TO MORE THEN THEY ARE LEGALLY REQUIRED, THEN THEY ARE ESSENTIALLY UNILATERALLY CHANGING THE TERMS OF THEIR WARRANTY AND WOULD BE EXPECTED TO EXTEND THAT SAME COURTESY TO EVERY SPYDER OWNER. THEY CAN'T CHANGE THEIR WARRANTY, AFTER THE FACT, TO LESSEN THE BENEFIT TO THE BUYER, BUT NOTHING PREVENTS THEM FROM EXTENDING THEIR WARRANTY COVERAGE BEYOND THE TERMS IF THEY WANT TO FOR A PARTICULAR CUSTOMER. BUT WHY WOULD THEY ASSUME THIS ADDITIONAL LIABILITY VOLUNTARILY?

NOTE: BRP does not offer a back rest for people who need it due to having a physical disability. Modifying your seat at the owners expense (i.e. a Corbin or cutting into the BRP seat to install a back rest), is a mod that is a reasonable accommodation that could be argued under the Americans with Disabilities Act of 1990 and would not void the remaining manufacturer warranty. RESPONSE: I AGREE IT WOULD BE FOOLISH FOR BRP TO TAKE THEIR POLCIES TO THE EXTREME. PENALIZING SOMEONE FOR A MOD THAT IN NO WAY COULD HAVE A NEGATIVE EFFECT ON THE MECHANICS OF THE SPYDER WOULD DESTROY ANY GOODWILL THEY WOULD WISH TO CULTIVATE WITH PRESENT AND FUTURE CUSTOMERS. WE ARE TALKING ABOUT MECHANICAL CHANGES TO THE ENGINE. GIVING EXAMPLES (APPLES AND ORANGES COMPARISONS) IS INTERESTING, BUT DOES NOT MITIGATE THE FACT MECHANICAL CHANGES WERE MADE TO THE WAY THE ENGINE PERFORMS AND NOW THIS SPYDER OWNER IS HAVING MECHANICAL PROBLEMS.

I have a novel idea --- don't do MODS like this until the warranty expires. And when a warranty suggests MODS will void your warranty -- consider that before you make the MODS and then be prepared to accept the consequences if you do make MODS to your SPYDER.

[SpyderFun]

...RESPONSE: THE POINT IS, THE MANUFACTURER SAYS IT IS NOT UNDER WARRANTY. WHATEVER WARRANTY HE HAD WAS VOIDED BY HIS MODS. YOU ARE USING A CIRCULAR ARGUMENT. YOU ARE SUGGESTING THERE IS A WARRANTY UNLESS THEY CAN PROVE THE MOD IS RESPONSIBLE. THEY ARE INVOKING THE LANGUAGE IN THEIR WARRANTY THAT VOIDS WARRANTY COVERAGE IF THERE WERE MODS PERFORMED ON THE SPYDER. THEY DO NOT HAVE TO TAKE IT ANY FURTHER THEN THAT BASED UPON AN AGREED FACT: THE ENGINE WAS MODIFIED...

Whether or not the language within the warranty voids the warranty in its entirity is a legal decision to be made by an authority higher than this forum can offer. As an example, our country debates healthcare reform and its legality as it is written. Some argue it is legal while others say not. Now the US Supreme Court will decide it for all.

My point is just because BRP says so, does not mean it is so. I am sure their legal beagles assert their warranty language is iron clad while a judge may disagree with their assertion and rule differently. Keep an open mind.