Judge OKs Psystar's Countersuit Against Apple

[datawrecker]

[citation][nom]reddozen[/nom]They're not legally allowed to void your warranty for "aftermarket" parts or customizing your car unless the parts themselves caused the damage to the aspect of the vehicle that you are requesting a warranty for. The only exception is if they are providing the OEM parts for free which they are generally more expensive.And FYI, I work for one of the largest aftermarket auto parts companies in the world. What's funny is when people try and argue about how much better OEM parts are... until I show them that we sell the exact same parts, from the same production lines, to both the OEM and aftermarket distributors in a different box.I'm kind of surprised that they're not trying to nail the same situation down to apple. Not so much that it's anti competitive (it is), but that the consumer has the right to use whatever "aftermarket" parts they want so long as its use does not break the warrantied product. Last I checked, you can't break software beyond the repair of reinstalling it unless your drive eats the disk... just my 2 cents.The Magnuson-Moss Warranty Act (15 U.S.C. 2302(C))This federal law regulates warranties for the protection of consumers. The essence of the law concerning aftermarket auto parts is that a vehicle manufacturer may not condition a written or implied warranty on the consumers using parts or services which are identified by brand, trade, or corporate name (such as the vehicle maker's brand) unless the parts or service are provided free of charge. The law means that the use of an aftermarket part alone is not cause for denying the warranty. However, the law's protection does not extend to aftermarket parts in situations where such parts actually caused the damage being claimed under the warranty. Further, consumers are advised to be aware of any specific terms or conditions stated in the warranty which may result in its being voided. The law states in relevant part:No warrantor of a consumer product may condition his written or implied warranty of such product on the consumers 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... (15 U.S.C. 2302(C)).[/citation]

While this is true, automakers can deny service to the vehicle until original parts are back in place. This servers two purposes, they can say the diagnostics will not be accurate without the original parts or approved replacements and, it keeps the car owner from blaming the shop for damage to the aftermarket parts if there are any.

It is not a denial of warranty, it is a liability issue. I would not work on car hardware with equipment designed for factory parts. And I would not want that to happen to any of my vehicles either.

 

[datawrecker]

[citation][nom]AndrewMD[/nom]jsloan,Auto Manufactures in fact can tell you what you can and cannot do with your (their) car. If you continue to use the wheels supplied with your car, then you will need to purchase tires that fit that spec, Radios are the same, now that people want it to look more integrated with the car, it is harder to replace it with an aftermarket. Now what I believe you were trying to say was A dealer cannot make you stay with them for all work performed on your car. That would be illegal.[/citation]

They are not telling you what to do. It is a suggestion for those that wish to extend the life of the vehicle. For parts under warranty, they are telling you that anything that is not a factory part is not covered under warranty. I can't blame them for that, I would not want to replace something that did not come with the car.