My 335i's warranty has been voided. Need Help
Aug 31, 2008 | 05:12 AM
#1
Thread Starter
| Teamspeed Rookie
Joined: Sep 2007
Posts: 3
My 335i's warranty has been voided. Need Help
Just wanted to share and would be great to hear some advices. Anyways, I have chipped my car with AA for almost a year. The car was running great for about six months. Then when summer came around, everytime I go over 60mph "Engine Malfunction" pops up all the time. Thus I haven't been able to go fast.
Just a week ago I took the chip off and it's still doing the same thing. I brought my car to the dealer today and after half a day the guy called me back to let me know that my car's warranty has been voided and that they couldn't and wouldn't do anything to my car for liable reasons. I told the guy I would pay for them to fix it, but he gave me the same answer.
So... I think I'm screwed. Anyone with the same problem or could tell me what to do or where to bring the car??
Thank you for reading
Just a week ago I took the chip off and it's still doing the same thing. I brought my car to the dealer today and after half a day the guy called me back to let me know that my car's warranty has been voided and that they couldn't and wouldn't do anything to my car for liable reasons. I told the guy I would pay for them to fix it, but he gave me the same answer.
So... I think I'm screwed. Anyone with the same problem or could tell me what to do or where to bring the car??
Thank you for reading
Aug 31, 2008 | 11:12 AM
#4
Start with the chip-tuner.
OK, you're a little screwed - but (perhaps) not totally. Just some advice here ...
1. When you talk to the dealer (or your lawyer, or the tuner, etc.) stop using the term "chiptune" and use "ECU flash", because this is what you have, and you'll start to confuse the issue. This is VERY important, since a chiptune is sometimes an actual chip - a hardware modification that almost no company will warranty. An ECU flash is a software change, using the OE hardware. As long as the OE hardware is intact and the stock software can be put back in place, you can argue that if the car is NOW back to OE specs, and the problem persists, then it is not the ECU flash that is at fault.
2. Did you buy the tuning program from your dealer? If you DID, then you should be in good shape. If not, you need to go to the tuner and check their warranty - FYI: many company warranties state that any modification intended to increase boost will NOT be covered, so be careful when presenting your case.
3. In the future, buy tuning parts from your OE franchised dealer - even if you have to drive a few miles to get to a dealer that offers tuning upgrades. Yes, you do pay more, but the reason those parts are more expensive is simple (and you are discovering it now). That is: THE TUNER HAS TO MAKE BACK ENOUGH MONEY TO BE ABLE TO COVER WARRANTY CLAIMS.
Good luck, and PM me if I can help!
1. When you talk to the dealer (or your lawyer, or the tuner, etc.) stop using the term "chiptune" and use "ECU flash", because this is what you have, and you'll start to confuse the issue. This is VERY important, since a chiptune is sometimes an actual chip - a hardware modification that almost no company will warranty. An ECU flash is a software change, using the OE hardware. As long as the OE hardware is intact and the stock software can be put back in place, you can argue that if the car is NOW back to OE specs, and the problem persists, then it is not the ECU flash that is at fault.
2. Did you buy the tuning program from your dealer? If you DID, then you should be in good shape. If not, you need to go to the tuner and check their warranty - FYI: many company warranties state that any modification intended to increase boost will NOT be covered, so be careful when presenting your case.
3. In the future, buy tuning parts from your OE franchised dealer - even if you have to drive a few miles to get to a dealer that offers tuning upgrades. Yes, you do pay more, but the reason those parts are more expensive is simple (and you are discovering it now). That is: THE TUNER HAS TO MAKE BACK ENOUGH MONEY TO BE ABLE TO COVER WARRANTY CLAIMS.
Good luck, and PM me if I can help!
Aug 31, 2008 | 12:37 PM
#5
Teamspeed Pro
Joined: May 2008
Posts: 5,188
From: Oregon
Under law, the manufacturer has to prove that the aftermarket modifications caused the malfunction in the car. I'm guessing they diagnosed the car with a reader, saw a history of a flash, and realized they could easily place blame on it.
Talk to the service manager, and tell him in its current stock form the car continues to malfunction. If he declines to further help with the situation, press him regarding their obligation to prove that the modifications are causing the malfunction. I'm guessing that the modifications did in fact cause it, and even though the flash is removed, the car is still messed up from it. However, you bringing up the issue makes it much more complicated for him, and he may feel motivated to fix the issue instead of write you off.
Talk to the service manager, and tell him in its current stock form the car continues to malfunction. If he declines to further help with the situation, press him regarding their obligation to prove that the modifications are causing the malfunction. I'm guessing that the modifications did in fact cause it, and even though the flash is removed, the car is still messed up from it. However, you bringing up the issue makes it much more complicated for him, and he may feel motivated to fix the issue instead of write you off.
Aug 31, 2008 | 04:17 PM
#6
Under law, the manufacturer has to prove that the aftermarket modifications caused the malfunction in the car. I'm guessing they diagnosed the car with a reader, saw a history of a flash, and realized they could easily place blame on it.
Talk to the service manager, and tell him in its current stock form the car continues to malfunction. If he declines to further help with the situation, press him regarding their obligation to prove that the modifications are causing the malfunction. I'm guessing that the modifications did in fact cause it, and even though the flash is removed, the car is still messed up from it. However, you bringing up the issue makes it much more complicated for him, and he may feel motivated to fix the issue instead of write you off.
Talk to the service manager, and tell him in its current stock form the car continues to malfunction. If he declines to further help with the situation, press him regarding their obligation to prove that the modifications are causing the malfunction. I'm guessing that the modifications did in fact cause it, and even though the flash is removed, the car is still messed up from it. However, you bringing up the issue makes it much more complicated for him, and he may feel motivated to fix the issue instead of write you off.
Do you know, if there is a state or federal law, what it might be? ex.: in Florida, the warranty and lemon laws come under Title 39, chapter 681. In this case (FL law) the manufacturer has an obligation to honor its warranty, but the manufacturer likely has an "out" clause in its warranty allowing it to void the warranty if modifications have been made. Of course, some exceptions exist for dealer-installed options and some types of "full conversions".
Sep 1, 2008 | 04:51 AM
#8
Thread Starter
| Teamspeed Rookie
Joined: Sep 2007
Posts: 3
OK, you're a little screwed - but (perhaps) not totally. Just some advice here ...
1. When you talk to the dealer (or your lawyer, or the tuner, etc.) stop using the term "chiptune" and use "ECU flash", because this is what you have, and you'll start to confuse the issue. This is VERY important, since a chiptune is sometimes an actual chip - a hardware modification that almost no company will warranty. An ECU flash is a software change, using the OE hardware. As long as the OE hardware is intact and the stock software can be put back in place, you can argue that if the car is NOW back to OE specs, and the problem persists, then it is not the ECU flash that is at fault.
2. Did you buy the tuning program from your dealer? If you DID, then you should be in good shape. If not, you need to go to the tuner and check their warranty - FYI: many company warranties state that any modification intended to increase boost will NOT be covered, so be careful when presenting your case.
3. In the future, buy tuning parts from your OE franchised dealer - even if you have to drive a few miles to get to a dealer that offers tuning upgrades. Yes, you do pay more, but the reason those parts are more expensive is simple (and you are discovering it now). That is: THE TUNER HAS TO MAKE BACK ENOUGH MONEY TO BE ABLE TO COVER WARRANTY CLAIMS.
Good luck, and PM me if I can help!
1. When you talk to the dealer (or your lawyer, or the tuner, etc.) stop using the term "chiptune" and use "ECU flash", because this is what you have, and you'll start to confuse the issue. This is VERY important, since a chiptune is sometimes an actual chip - a hardware modification that almost no company will warranty. An ECU flash is a software change, using the OE hardware. As long as the OE hardware is intact and the stock software can be put back in place, you can argue that if the car is NOW back to OE specs, and the problem persists, then it is not the ECU flash that is at fault.
2. Did you buy the tuning program from your dealer? If you DID, then you should be in good shape. If not, you need to go to the tuner and check their warranty - FYI: many company warranties state that any modification intended to increase boost will NOT be covered, so be careful when presenting your case.
3. In the future, buy tuning parts from your OE franchised dealer - even if you have to drive a few miles to get to a dealer that offers tuning upgrades. Yes, you do pay more, but the reason those parts are more expensive is simple (and you are discovering it now). That is: THE TUNER HAS TO MAKE BACK ENOUGH MONEY TO BE ABLE TO COVER WARRANTY CLAIMS.
Good luck, and PM me if I can help!
Sep 1, 2008 | 04:54 AM
#9
Thread Starter
| Teamspeed Rookie
Joined: Sep 2007
Posts: 3
Under law, the manufacturer has to prove that the aftermarket modifications caused the malfunction in the car. I'm guessing they diagnosed the car with a reader, saw a history of a flash, and realized they could easily place blame on it.
Talk to the service manager, and tell him in its current stock form the car continues to malfunction. If he declines to further help with the situation, press him regarding their obligation to prove that the modifications are causing the malfunction. I'm guessing that the modifications did in fact cause it, and even though the flash is removed, the car is still messed up from it. However, you bringing up the issue makes it much more complicated for him, and he may feel motivated to fix the issue instead of write you off.
Talk to the service manager, and tell him in its current stock form the car continues to malfunction. If he declines to further help with the situation, press him regarding their obligation to prove that the modifications are causing the malfunction. I'm guessing that the modifications did in fact cause it, and even though the flash is removed, the car is still messed up from it. However, you bringing up the issue makes it much more complicated for him, and he may feel motivated to fix the issue instead of write you off.
Sep 4, 2008 | 11:55 AM
#10
If the dealer can read a flash, then there is something missing from that software solution. Try Dinan? Maybe you can get a Dinan flash at a Dinan BMW OE dealer and that will either fix things, or (at least) it will THEN be a dealer-installed option?
As before - PM me with more questions, if you like.
