Regular readers know I will stick with factory approved modifications to GBMINI, as far as possible. I have gone to an aftermarket stereo and I would be very ready to argue if there was ever an issue with MINI claiming the radio was a cause. But for engine upgrades, I would not go aftermarket.
However, many people do, and there is a fascinating thread on NAM at the moment, with results that should be of concern to MINI owners – and not only those who do aftermarket mods either!
Take it away, SkipLoder:
[August 2005]
Just a note that I have retained an attorney (well, our corporate lawyer) and we are going to go after BMW NA for a MM act violation.
The car is an MCS with less than 10K miles on it. The problem is with a known failed component that has nothing to do with the mods that have been installed. BMW’s position is that since someone other than the dealer has worked in the engine bay, they cannot warranty any component that may have been touched by a non-BMW mechanic. I am not kidding – this is straight from BMW NA.
[February 2006]
MINI USA … maintains that any, yes any modifications to the car void the warranty … prosecuting a company the size of BMW under Federal Law is time consuming and is not either quickly or easily resolved. MINI USA is content to stare me down and I am convinced that they are more than willing to wait me and my lawyers out.
My lawyer was very honest up front when he stated that the Magnussen-Moss Act, by it’s very structure, favors the manufacturer. Even though the law states that the onus of proof for invalidation is on the manufacturer, the onus of prosecuting is on the consumer and that no action can be taken without legal proceding. This means time and money, and the time aspect alone makes it difficult for almost anyone to hold out long enough to get results.
So beware. The MMA is not worth the paper it was written on. I have yet to talk to one person, on this forum or on others that has ever had any luck with this worthless Act. I did more than threaten, I am following through and it is getting me absolutely nowhere.
do not let them find out you track the car – that is also an issue … the MINI USA rep informed me directly that a goodly portion of their decision to sh**can my warranty came from the fact that I track the car. So all you JCW owners out there who track, don’t assume that you won’t be fisted by BMW in the future.
Here is [MINI USA / BMW] reasoning…….
An aftermarket mod represents work performed on a car by someone other than an authorized BMW representative. In their eyes, the simple act of adding a CAI could result in damage to the nearby DME, the wiring harness, the ozone layer, the New Orleans levee system, etc.
Second, tracking or autocrossing the car exposes the car to conditions that exceed those that the vehicle was designed for and that these conditions exceed those that the warranty is intended to cover.
While money and time were not initially issues, they quickly became so … As weeks turned into months I realized that I would rather spend the time and money on people I care about and positive things rather than an issue that frankly p**sed me off and put me in a bad mood. The amount of stress and time an issue like this takes is not worth the price of the stupid repair.
I have no idea of the details of the problem with SkipLoders car. His position seems to be that the problem is due to a known MINI fault (he mentions two TSBs); however he also states that aftermarket parts like the Unichip and a pulley have been fitted – I could see how MINI might maintain that such parts might be the cause of an engine problem. Magnussen-Moss apparently gives SkipLoder no leverage to force MINI to demonstrate their claim 😦
The real story here is:
#1 If you do aftermarket mods on your car, never assume you will still get warranty work covered, and don’t pretend that Magnussen-Moss will help you;
#2 MINI might refuse warranty – even on a stock car.
The track driving position is particularly crazy given the direction that MINI USA are steering the brand, with the recent Fireball Tim MINI and the upcoming JCW GP special edition – moves like this are a great way to upset a large chunk of active MINI owners.
M&I / GBMINI 