Quote:
|
Originally Posted by KEISLERGENE
In black in white from Keisler Automotive Engineering
" This warranty is void if improperly installed, abused in any manner,or used for racing or experimantal purposes."
This is posted on the side bar of our website along with being sent to the customer.
In this case we had clear representation that it was abuse.
Gene
|
OK, so your warranty is void if your car is ever raced. So did you define "racing"? If not, then street racing, drag racing, road racing, or driving fast in any manner...could be considered racing, right? If that's true, anyone that has ever bought a transmission from you has voided the warranty.
What does "experimental purposes" mean? The transmission in question is designed to be used universally and targeted for rodders. You could argue that any rodder putting that transmission into anything other than an OEM application is doing so "experimentally". Again, that's a convenient way of voiding everyones warranty if you feel fit isn't it?
And back to my original 2 questions...
How is abuse objectively determined? If it's determined at your whim and will, then you can claim abuse for any and all equipment failures can't you?
Who has the burden of proof regarding this alleged "abuse"...the customer, or the manufacturer? If it's the customer, are we expected to prove we didn't abuse a product in the event that it failed? How the hell is a customer going to do that? If it's the manufacturer that proves the abuse occurred, where is the detailed analysis/test report data that shows this was abuse? I, for one, would be comforted to know that such testing actually takes place, and that it is actually objective instead of some guy in back room saying "yep, he slammed 3rd for sure...void his warranty."
I, for one, am not buying a transmisson from a company that puts the burden of proof on the customer. And, if the burden of proof is on the manufacturer, I expect to see a failure analysis report that can hold its own. Otherwise, I'll take my business elsewhere.