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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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Alex, If we change a vehicle's performance characteristics

Customer Question

Hi Alex,
If we change a vehicle's performance characteristics by software changes to the engine ECU (called Remapping) with the sole purpose of improving the fuel consumption, can the vehicle manufacturer (VM) arbitrarily void the warranty on the vehicle's engine, if the fault was nothing to do with the remapping?
We make the remapping software changes to ensure that the engine remains within the VM's original safety limit parameters i.e. we do not put any additional stress or strain on any engine parts.
If there were to be an engine failure which was not due to the remapping can the VM legally refuse to provide warranty service for another unrelated fault?
Of course if the fault were caused by our remapping we would expect the VM to refuse a warranty claim.
The question is, would it be incumbent on the VM to prove that our remapping had caused the fault and not be able to legally refuse the warranty claim arbitrarily?
We carry insurance to cover any fault or damage caused by our installation of any product to a vehicle including remapping.
Our issue is persuading the vehicle owner that our remapping will not invalidate their warranty.
I am not sure if the EU Block Exemption Regulations of 2003 will cover our position.
Please see: http://en.wikipedia.org/wiki/Block_Exemption_Regulation
Many Thanks
Mike Macro, Avian Mobile Ltd.
*****@******.***
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hi and thank you very much for requesting me.
However sadly this is not my area so I will opt out and let someone else help you if that is ok?
Customer: replied 2 years ago.

Dear Alex,


As you are unable to help me, please refund my fee of 56GBP immediately.


 


Yours


James M Macro