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Vehicle Warranty |
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Contrary to what you may have heard or read,
in the USA, a K&N Filtercharger will not void your vehicle warranty. The
Magnuson-Moss Warranty Act, passed in 1975, prohibits a manufacturer
from conditioning its warranty of a consumer product upon the consumer
using any article or service (other than one provided without charge
under the warranty) which is identified by brand, trade or corporate
name, unless expressly authorized by the Federal Trade Commission. If
the manufacturer does not provide air filters free of charge, they
cannot void the vehicle's warranty simply because you have installed an
aftermarket air filter. |
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Letter from K&N Regarding Vehicle
Warranty and K&N Replacement Filters |
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Dear K&N Consumer: |
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K&N Engineering, Inc., is
informed that some automobile dealers are telling their customers that
the factory warranty on their motor vehicles is “void,” if a K&N
replacement air filter for an original equipment (OE) air filter has
been installed. K&N finds such instances disturbing and while K&N does
not purport to give legal advice, it would like to refer you to the
federal Consumer Product Warranties law, often referred to as the
Magnuson-Moss Act, which states, in part, in Title 15, United States
Code, Section 2302, subdivision (c), as follows: |
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“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 [Federal Trade] Commission if – |
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(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 |
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(2) the Commission finds
that such a waiver is in the public interest. 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.” |
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Under this federal statute,
a manufacturer, who issues a warranty on your motor vehicle, is
prohibited from requiring you to use a particular brand of air filter,
oil filter, or other service or maintenance item, unless the Federal
Trade Commission waives this prohibition. K&N interprets this law to
also prohibit the motor vehicle manufacturer from restricting your use
of a particular brand of air filter, oil filter, etc. You may also have
greater rights under the consumer warranty laws applicable in your
state. |
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K&N is unaware of any
exemption or waiver granted by the Federal Trade Commission to any motor
vehicle manufacturer, which pertains to air filters. Therefore, K&N
considers any threat to void your factory warranty, or the actual
voiding of your factory warranty, for the installation of a K&N
replacement air filter, to be a violation of federal law and, perhaps, a
violation of state law, depending upon the laws of your state. |
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If you have encountered a
motor vehicle dealer, who refuses to perform warranty repairs on your
vehicle, solely because you have installed a K&N replacement air filter,
then we ask that you request that the dealer set forth the warranty
denial, in writing, together with a written statement that the warranty
on your vehicle has been voided, as a result of the installation of the
K&N air filter, and that you send a copy of this written statement to
K&N. While K&N cannot act as your legal advocate or assume
responsibility for enforcing your warranty rights under state and
federal law, we will write to the dealership and your motor vehicle
manufacturer and insist that they provide a legal basis for their
position. |
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In addition to any action
K&N may take, you should consult an attorney and various state and
federal agencies, who may be able to assist you in protecting and
enforcing your warranty rights, if you encounter a motor vehicle
dealer’s or manufacturer’s refusal to honor your motor vehicle warranty. |
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