Ferrari Mailing List: Re: FNA Notice to Dealers

(continued)

Plus, while they have the impetus to prove the causation, the reality is 
that they can drag out their investigation for as long as they want. In the 
meantime the dealer won't release your car without payment for the repairs, 
so you can choose to either be without the car for as long as FNA feels like 
dragging their feet, or you can pay for the repair out of pocket to get the 
car back, and then go after them for reimbursement, in which case it 
probably won't be worth the legal fees.
The only winners are lawyers with Ferraris... :-)
-- charles

----- Original Message ----- 
From: <jimshadow [at] verizon.net>

To: "Charles G Perry IV" <charles [at] carolina-sound.com>

Cc: "The FerrariList" <ferrari [at] ferrarilist.com>

Sent: Thursday, February 15, 2007 3:03 PM

Subject: Re: [Ferrari] FNA Notice to Dealers
Well, if customers choose not to mod their car, then it makes life easier 
for FNA and the dealers who will gladly sell you what they have.

Also,  doesn't FNA have the obligation to PROVE that the failure was 
caused by the part in question?  Seems like an awfully difficult task.

Jim

Sent from my BlackBerry® wireless device
-----Original Message-----
From: Jim Brown <barchetta [at] verizon.net>
Date: Thu, 15 Feb 2007 11:42:41
To:JIM <jimshadow [at] verizon.net>
Cc:'The FerrariList' <ferrari [at] ferrarilist.com>
Subject: Re: [Ferrari] FNA Notice to Dealers
I understand what you are saying. Maybe I misinterpreted.
 It seems to me the flavor of the message is to discourage by declining 
warranty work because they have interpreted some sort of trending to 
indicate that if you do "THIS" we will not cover it. Period!
 So in essence you're SOL before any real diagnosis is done to confirm 
that YES your CEL was directly related to your installation of an 
aftermarket exhaust. So say you have a faulty ECU from the factory (this 
never happens, right? :-)) and it's failure just so happens to coincide 
with you installing an aftermarket exhaust, you're screwed even though 
that wasn't the cause...
 As far as ECU flashing, I've actually been in that very situation. But I 
was allowed to reinstall the OEM part before filing a warranty claim..... 
I guess it depends on the comfort level of the dealer. I also guess they 
have to take a hard line somewhere.
 Jim
Dennis Liu <bigheaddennis [at] gmail.com> wrote:

 You're right about Magnusson-Moss, but that's actually what the letter 
from

FNA is addressing. In effect, if a modification causes a problem, then FNA

is going to decline to pick it up. The letter is notice to dealerships of

that.
Now, trying to be objective about it, and noting that FNA has, in the 
past,

been a complete scrooge on some warranty claims, I have to mostly agree 
with

FNA's position here.
If an owner has aftermarket modifications done to the car, ***AND*** those

modifications ***CAUSE*** a problem, then why should the manufacturer be 
on

the hook for something? Jim, FNA isn't saying, "change the exhaust and

we'll void the entire warranty", or even "change the exhaust and we'll

decline to cover damage to the transmission." They are saying, "change the

exhaust, and we'll decline to cover your labor charges to reset the CEL 
and

any consequential damage, such as catalyst failure." Now, it's still

incumbent on FNA to show that the aftermarket exhaust caused the damage, 
but

it's hardly unreasonable to think that an aftermarket exhaust and engine 
ECU

mapping *can* cause a CEL illumination or other adverse effects.
Vty,
--Dennis
-----Original Message-----
From: Jim and Cheryl Brown [mailto:barchetta [at] verizon.net]
Sent: Thursday, February 15, 2007 1:19 PM
To: Dennis Liu
Cc: The FerrariList
Subject: Re: [Ferrari] FNA Notice to Dealers
Looks like Ferrari is jumping on the bandwagon that so many other

manufacturers have joined. The magnusson-moss act I thought was pretty 
clear

about proof that a specific mod only affects a specific system/component 
and

not the whole car?
I suppose tracking your ferrari will void the warranty next? If this
isn't the case already.
JB
Ric Rainbolt wrote:
FYI....
----------------------------------------------------------------------------
------------------------------------
To all parts managers,
Re: Use of Non-Genuine Aftermarket Parts

Following an increasing number of vehicle failures and customer complaints
concerning the fitting of non-genuine aftermarket components, I wish to
bring your urgent attention to some of the possible consequences.
FNA has observed more and more dealers becoming involved with the fitting 
of

non-genuine aftermarket exhausts, different specification non-genuine

wheels, Engine ECU "chipping" (i.e. re-programming), seat modifications,

steering wheel changes and suspension ride height adjustments to name a 
few.

Each of these has the potential not only to void a customer's warranty, 
but

could also result in the dealer being held liable for possible product

related issues.
Examples of such potential problems include loss of airbag due to steering

wheel replacement. Engine failure or malfunction, check engine light

illumination, damaged catalytic converters, due to engine ECU 
reprogramming

and or the fitting of non genuine aftermarket exhausts. Suspension failure

caused by the fitting of different specification non-genuine wheels. 
Fender

damage, uneven tire wear and handling issues caused by changing ride

heights. These are just a few examples...the list goes on.
As we have communicated to you previously. these modifications are 
strictly

against Ferrari policy for cars under warranty. I am astounded that a 
dealer

would carry out any of these modifications on any car of any age as the

potential loss certainly outweighs the short term gain. The vehicles

warranty book clearly states " The limited warranty does not cover misuse,

negligence, overloading, or any type of modifications."
The issue of exhaust systems is becoming more common since model year 05

cars have even more stringent emissions requirements and the threshold for

setting errors is very low. We have cases showing (e.g. 4 Tubi systems in

California last week alone) that with any exhaust modification, an error 
can

be set in the engine management system and a check engine light will be

visible on the instrument cluster. The long term effects include, but are

not limited to, excessive engine heat, catalyst failure, incorrect 
air/fuel

mixture, and possible engine failure.
This practice must stop immediately. Any dealer fitting any non-genuine

parts or accessory on a Ferrari that is under warranty will be held

responsible for all consequential repair costs for that car for the

remainder of the warranty period and Ferrari will also hold dealer

responsible for any other related liabilities, e.g., accidents, personal 
and

property damage, etc.
Sincerely

V.P. Technical Services
FNA

Director, Parts & Accesories Operations
FNA
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Re: FNA Notice to Dealers	<– Date –> <– Thread –>
From: Charles G. Perry IV (charlescarolina-sound.com)
Date: Thu, 15 Feb 2007 12:09:44 -0800 (PST)