Important Consumer Information

AFTERMARKET SUNROOFS
VEHICLE WARRANTY & SAFETY RELATED INFO

The National Traffic and Motor Vehicle Safety Act (Safety Act) provides in part that a person may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction into interstate commerce a motor vehicle or motor vehicle equipment unless the vehicle equipment complies with the Federal Safety Standards.

Sunroof products sold by DONMAR are engineered, certified and warranted to meet or exceed these Federal requirements when properly installed in a motor vehicle.

You have the right to use aftermarket sunroofs and know your new vehicle warranty claims will be honored. In fact, your vehicle dealer may not reject a warranty claim simply because an aftermarket sunroof is installed. Any warranty denial under such circumstances may be proper only if the aftermarket sunroof is demonstrated to be the direct cause of the failure being claimed. (see Magnuson-Moss Warranty Act of 1975*)

Aftermarket sunroofs sold in the United States are required to meet the following Federal Motor Vehicle Safety System regulations:

• FMVSS 118 – Power Operated Window Systems
• FMVSS 201 – Head Impact Upper Interior
• FMVSS 205 – Glazing Materials
• FMVSS 216 – Roof Crush Resistance
• FMVSS 302 – Flamability of interior Materials

* The Magnuson-Moss Warranty Act (15 U.S.C. 2302C) is a federal law which 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..."

SEMA’s AFTERMARKET Bill of Rights

• You have the RIGHT to buy high-quality, reliable aftermarket accessory, performance and replacement parts – an affordable and convenient alternative to vehicle maker’s parts.
   
• You have the RIGHT to use high-quality aftermarket parts and know that your new car warranty claims will be honored. In fact, your dealer may not reject warranty claims simply because an aftermarket part is present. A warranty denial in such circumstances may be proper only if an aftermarket part caused the failure being claimed.
   
• You have the RIGHT to patronize independent retail stores for vehicle parts and installation. The U.S. aftermarket offers the world’s finest selection of performance and replacement parts, accessories and styling options. These aftermarket products satisfy the most discriminating customers seeking personalized vehicles for today’s lifestyle.

The foregoing message brought to you by SEMA, the Specialty Equipment Market Association. If you would like further information on what to do or who to call if your new car warranty is denied, call the Federal Trade Commission at 202/236-3128. To receive expanded information on warranty denial, contact SEMA online at www.sema.org, or call 909/396-0289. Your rights are protected through the Magnusson-Moss Warranty Act, 15 USC, 2302, and the Clean Air Act, 42 USC, 7541.

VEHICLE WARRANTY DENIAL & THE LAW

Some motor vehicle dealers and manufacturers are telling customers that the factory warranty on their motor vehicles is "void," if aftermarket parts or accessories are installed on their vehicles. This is incorrect. DONMAR would like to refer you to the federal Consumer Product Warranties law, under the Magnuson-Moss Warranty Act, which states, in part, in Title 15, United States Code, Section 2302, subdivision (c) that:

"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 [Federal Trade] 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. The Commission shall identify in the Federal Register, and permit public comment on, all applications for waiver of the prohibition of this subsection, and shall publish in the Federal Register its disposition of any such application, including the reasons therefor."

Under this federal statute, a manufacturer, who issues a warranty on your motor vehicle, is prohibited from requiring you to use a particular brand of product, unless such item is provided, free of charge, under your warranty or unless the Federal Trade Commission (FTC) waives this prohibition against the manufacturer. DONMAR is unaware of any exemption or waiver granted by the FTC to any motor vehicle manufacturer, which pertains to parts, accessories or styling products.

DONMAR considers any claim to void your factory warranty, or the actual voiding of your factory warranty, solely for the installation of a DONMAR product or other aftermarket accessory, to be a violation of federal law. We reccomend that you ask your dealer to provide a written record of the warranty denial, including specific reasons, if warranty is denied under the following circumstances:

• A motor vehicle dealer fails to provide warranty coverage on an unrelated factory part, and refuses to "demonstrate" [as federal law requires] that an installed aftermarket product caused the failure for which warranty coverage has been denied.
• A motor vehicle a manufacturer refuses to honor, authorize or cover warranty repairs on your vehicle, merely because you have an aftermarket product installed.
• A motor vehicle dealer or representative of the motor vehicle manufacturer advises you, prior to your purchase, that the installation of aftermarket parts or accessories will void your vehicle warranty.

The Specialty Equipment Market Association (SEMA) monitors problems associated with warranty claims to ensure that vehicle dealers are not misrepresenting the law. If you believe legitimate factory warranty coverage has been unfairly denied due to presence or installation of aftermarket parts or accessories, contact SEMA online at www.sema.org, or call 909/396-0289. SEMA will contact the dealership and manufacturer to advise them of the law and request that they clarify their position relative to the installed aftermarket parts or accessories.

In addition to any informal action SEMA may take, you should consult an attorney and various state and federal agencies, who may be able to assist you in protecting and enforcing your warranty rights, if you encounter a motor vehicle dealer’s or manufacturer’s refusal to honor your motor vehicle warranty.

If the failure to honor a warranty claim involves the new vehicle warranty, and it appears that the dealer improperly denied the claim, file a complaint with the Federal Trade Commission (FTC) online at www.ftc.gov, or call 202/326-3128.

Get Social with DONMAR