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In Reply to: You are right and wrong... posted by Preston on March 26, 2001 at 00:00:00:
They don't void the warranty (a modification can't void a warranty unless it is proven that the mod caused the problem). In the case of Dinan if the dealer proves that the mod caused the problem then the BMW warranty is voided and Dinan picks up the cost as long as you are still under BMW warranty.
Yeah, and if you're a lawyer or you've got the funds to take BMWUSA to court when they say your chip caused damage, go for it. They can afford more lawyers than I can. :-/
Your dealer is blowing smoke up your ass...he probably 1) is not a Dinan dealer, 2) doesn't know the federal laws covering warranties and modifications.
I've seen a detailed legal analysis if the Magnesson-Moss warranty act, and IMO it wouldn't stand up in court under these circumstances. All BMW, Audi, whoever would need to do would be to show that:
1) modifying the ECU constitutes a modification to the emissions system (which it does), and therefore is a violation of Federal law; or
2) that removing the rev limiter, speed limiter, changing the factory settings for ignition, etc. could lead to engine damage. Again, IF you have the funds to face BMW in a court challenge, you MIGHT beat #2), but you'd be hard pressed to show that 1) doesn't constitute an illegal modification of an emissions control system. Good luck!
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