AMSOIL Warranties and the Magnuson-Moss Act
YOU HAVE A CUSTOMER WHO’S INTERESTED IN AMSOIL MOTOR OIL
But he’s concerned that using a synthetic oil or extending his oil drain interval will void his warranty.
Your customer has no need for concern. Congress in 1975 enacted the federal Magnuson-Moss Act to regulate written consumer product warranties. An examination of the law reveals warranties remain intact when AMSOIL Synthetic Lubricants are used.
The law was meant to give consumers detailed information about warranty coverage before they buy.
Congress charged the Federal Trade Commission with creation of the specifics of the law.
The FTC set down three rules under the Act: the Disclosure Rule, the Pre-Sale Availability Rule and the Dispute Resolution Rule.
Those rules require warrantors to title their written warranty as either “full ” or “limited,” provide a single, clear and easy-to-read document that spells out certain information about coverage and ensure that warranties are available where the products are sold so that consumers can read them before buying.
In passing the Act, Congress meant to give consumers access to warranty information, let consumers comparison shop for warranties, encourage warranty competition and promote timely and complete performance of warranty obligations.
While the Magnuson-Moss Act does not require manufacturers to provide a written warranty, it provides specific rules when one is provided. Among those provisions, FTC regulations state: “(c) No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer’s 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; except that the prohibition of this subsection may be waived by the Commission if – ((1)the warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and (2) the Commission finds that such a waiver is in the public interest.” ((42 U.S.C.2302(C))
THAT MEANS YOUR WARRANTY STANDS WHEN YOU USE AMSOIL SYNTHETIC LUBRICANTS.
Vehicle manufacturers recommend lubricants according to their viscosity grade and service classification. Any oil, whether it ’s conventional petroleum motor oil or synthetic, meeting the correct viscosity grade,5W-30 for example, and the current API SL and ILSAC GF-3 North American service classifications may be used without affecting warranty coverage. AMSOIL motor oils are recommended for use in applications requiring these specifications.
Furthermore, the practice of extending oil drain intervals does not void warranties. Original equipment manufacturers pay or deny warranty claims based on the findings of failure analysis. To affect the vehicle warranty, the lubricant must be directly responsible for the failure. If the oil didn’t cause the problem the warranty cannot be voided, regardless of brand or length of time in use.
Synthetic motor oil was introduced to the automotive public in 1972 by AMSOIL, INC., with the world ’s first API rated synthetic motor oil – specially formulated for long service and superior performance and protection to that of conventional oils.
NEARLY 30 YEARS AGO, AMSOIL SYNTHETICS REPRESENTED A VISION OF THE FUTURE AND TECHNOLOGY AHEAD OF THEIR TIME.
Since then, every major engine oil manufacturer has introduced synthetic oils of their own. To be sure, many original equipment manufacturers would like you to believe you can only use their products. However, it ’s a violation of the consumer protections set forth in the Magnuson-Moss Act, unless they ’re willing to provide you those products free of charge.
AMSOIL offers a warranty that covers the cost of repair or replacement of a proven mechanically sound engine damaged as a result of using AMSOIL synthetic motor oil. However, it has never happened. Thirty years of experience proves AMSOIL can be installed in any vehicle with complete confidence.
AMSOIL further backs its products with action when a Dealer or customer reports being told their warranty is voided if they use synthetics.
If you have heard from any member of a business that the use of AMSOIL Motor Oil or the practice of extending drain intervals will void warranties, send AMSOIL all the details including the name of the business, business owner or manager and the individual making the claims, in a signed and dated letter. Send the letter to the Technical Services Department at corporate headquarters and an AMSOIL representative will send them a letter explaining the facts.
AMSOIL Limited Warranty – Lubricants
AMSOIL INC. of Superior, Wisconsin hereby warrants that its lubricants are fit for use according to the written recommendations of AMSOIL INC. and in applications specifying one or more of the standards set forth in the product data bulletins and product labels. AMSOIL INC. further warrants its products to be free of defective materials, design, and workmanship.
THIS WARRANTY IS SUBJECT TO THE FOLLOWING LIMITATIONS:
- This warranty only applies to AMSOIL lubricants for which a separate, specific warranty is not written.
- The warranty herein applies only to AMSOIL lubricants, which are packaged by AMSOIL INC. and sold by AMSOIL INC. or an authorized distributor.
- The liability of AMSOIL INC. shall be limited to:
- Replacement of the defective lubricant.
- The cost, including labor and materials, to repair damaged equipment, or at the option of AMSOIL INC., the cost to replace damaged equipment, resulting directly from the use of AMSOIL INC. lubricants when used in the proper applications
- AMSOIL INC. shall not be liable for special, incidental, or consequential damages including, but not limited to, damage or loss of other property or equipment, loss of profits or revenue, cost of capital, business interruption, lodging, towing, or cost of replacement equipment. The liability of AMSOIL INC. arising out of the manufacture, sale, delivery, installation, technical directions or recommendation of any lubricant- whether in contract, tort, warranty or otherwise – shall not exceed the value of the equipment in which the product(s) were used. The remedies to the purchaser herein are exclusive.
- In the event of a claim against AMSOIL INC., the procedure below must be completely followed.
- Where the original warranty from the equipment manufacturer is still in effect, the customer shall file a warranty claim with the Original Equipment Manufacturer (OEM) in accordance with the OEM warranty procedure.
- Customer shall retain failed parts for inspection by AMSOIL INC. unless given to the OEM.
- Customer shall also, within 30 days of failure, notify AMSOIL INC. and provide the following:
- An eight (8) ounce representative oil sample taken from the failed equipment and put into a clean container.
- Documentation including make, model, and year of equipment, total accumulated miles and/or hours, and duty cycle or service environment.
- Equipment or vehicle maintenance history documentation including miles or hours at the time of AMSOIL lubricant installation, general equipment repairs, and oil analysis results if available.
- Proof of purchase for AMSOIL lubricant.
- Batch number from oil container or Certificate of Analysis.
- Mail the above sample and information to:
AMSOIL INC., Attn: Technical Services
Superior, WI 54880
- In cases where the OEM warranty is still in effect and that warranty coverage is denied based on the use of an AMSOIL lubricant, the customer shall immediately notify AMSOIL INC. and provide a written copy of the OEM warranty denial.
- AMSOIL INC. may, at its option, notify its insurance carrier of the claim.
- AMSOIL INC. or its insurance carrier may conduct an investigation that includes, but is not limited to, an inspection of the failed parts, a review of the operating conditions, and a thorough review of the information requested above. The customer agrees to cooperate with such investigation.
- If AMSOIL INC. or its insurance carrier pays a claim, an attempt may be made to recover amounts paid from the OEM. If this occurs, the customer may be asked to provide further information pertaining to the failure and to cooperate with AMSOIL INC. or its insurer in the recovery process.
THE WARRANTY MAY NOT BE EXTENDED TO COVER:
- AMSOIL lubricants used in mechanically deficient equipment as a result of abnormal operation; negligence; abuse; damage from casualty, shipment or accident; or equipment modification done without written authorization from the OEM.
- AMSOIL lubricants that have been used for the purposes of racing or in applications where the OEM required lubricant standards do not match those stated by AMSOIL INC. without the written approval from AMSOIL INC.
- AMSOIL lubricants that have been contaminated after leaving the AMSOIL INC. premises due to improper handling, storage or through equipment deficiencies in which an AMSOIL lubricant has been installed.
- AMSOIL lubricants which have been packaged, regardless of container, by anyone other than AMSOIL INC. or an AMSOIL authorized packager.
- Any allegedly defective AMSOIL lubricant for which a reasonable sample has not been preserved.
- Failure of equipment when AMSOIL lubricants are not used in strict accordance with either the written recommendations of AMSOIL INC. or the OEM for warranty coverage.
- AMSOIL lubricants that have been used in conjunction with any other product or additive that has not been authorized for use by AMSOIL INC.
- Failure of equipment due to a pre-existing condition that is unrelated to the use of AMSOIL.
- Repair or replacement of equipment because of normal wear.
AMSOIL RESERVES THE RIGHT TO REJECT A WARRANTY CLAIM FOR ANY OR ALL OF THE FOLLOWING REASONS:
- Failure to follow all OEM recommendations for warranty coverage, including lubricants, maintenance, and drain intervals, prior to the first installation of AMSOIL lubricants.
- AMSOIL INC. was not notified within 30 days from the date of failure.
- Claim information is insufficient.
- Parts inspected do not substantiate a claim or indicate failure.
- Parts requested were not sent or are unavailable for inspection.
- Oil sample was not provided.
- Failure of the customer to follow the written procedure herein.
- Customer refused to cooperate with the investigation.
- Failure was the result of an OEM defect.
This warranty shall be governed, interpreted and construed by, and in accordance with, the laws of the State of Wisconsin.
AMSOIL INC. IS THE SOLE AUTHOR OF THIS POLICY AND MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED UNLESS A SEPARATE, SPECIFIC WARRANTY HAS BEEN WRITTEN.
SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Superior, WI 54880
715-392-7101, Fax 715-392-3097
Revised April 8th, 2003
Supercedes all previous versions