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Phone (270) 322-8097 | Fax (270) 322-2616
PO Box 338, Hanson Kentucky, 42413
murph@murphskits.com

 
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Your Spin-On Oil Filter Adaptor Kit and the Kawasaki Concours Factory Warranty


The following is a position statement by Bergmen Engineering, Inc. of the potential effect on the existing Manufacturers Warranty that covers the ZG-1000 Concours issued by Kawasaki.

The opinions expressed here are exactly that, opinions, and do not reflect a substantiated legal position by Bergmen Engineering, Inc. regarding the effect on the factory warranty of installing a Bergmen Engineering, Inc. Spin-On Oil Filter Adaptor Kit. Generally, warranty issues are subject to individual analysis by the dealers and/or manufacturers and it is common for dealers and/or manufacturers to position themselves in such a manner as to avoid honoring the warranty whenever they think they can get away with it.

Dealers and manufacturers like to use "scare tactics" and have for decades to try to get people to use the "approved factory parts" and "dealer service departments" during the warranty period so they can claim exclusivity (and make the sale for huge profits on these "approved factory parts" and "dealer service departments"). It is a business tactic that the generally unaware public tends to follow.

In 1975, the U.S. Congress passed the Magnuson Moss Warranty Act. This act is comprehensive in it's manner and intent and provides protections and responsibilities to both manufacturers and consumers in a fair and concise manner. The one area of this act that we will concentrate on here is the effect on factory vehicle warranties still in effect by the installation of after market accessories.

The following statement is a legal interpretation widely used by aftermarket vehicle accessory companies in the automotive performance industry:

US Code - Title 15, Chapter 50, Sections 2301-2312:

Legally, a vehicle manufacturer cannot void the warranty on a vehicle due to an aftermarket part unless they can prove that the aftermarket part caused or contributed to the failure in the vehicle (per the Magnuson Moss Warranty Act (15 U.S.C. 2302(C)).

The manufacturer would have to prove that the oil filter, or any part of the Spin-On Oil Filter Adaptor Kit was part of the cause of the failure before the warranty could be voided.

The owner does not have to prove that it wasn't part of the failure, the factory must prove that it was.

In the case of this filter adaptor kit, all it does is allow the use of garden variety, and commonly used, spin-on oil filters in place of the stock paper cartridge filter with no compromises to the stock oil delivery system whatsoever. All of these spin-on oil filters are as good and in many cases much better than the stock oil filter. Modern spin-on oil filter manufacturers would not be in business very long if they made filters that blew up engines. Many of these filters that the adaptor utilizes are used regularly in demanding automotive and motorcycle racing operations with total trust by the racing crews. The Concours deserves to be able to take advantage of this filtering technology and that is the main purpose behind the design of the kit (along with other associated advantages like convenience, simplicity, pre-filling with oil, etc.).

The Spin-On Oil Filter Adaptor Kit is basically passive, has no adverse effects on the performance of the oil system whatsoever, and only allows the active use of modern, high performance, completely safe, and widely available spin-on oil filters that the rest of the automotive (and much of the motorcycle) world is already using.

The Bergmen Engineering, Inc. Spin-On Oil Filter Adaptor Kit represents what Kawasaki would have (and should have) done in designing the Concours if it simply would have applied the necessary engineering resources to modernize the oil delivery system for the Concours instead of using the outdated paper cartridge system that it has.

Based on the after market industry interpretation of the Magnuson-Moss Warranty Act, Bergmen Engineering, Inc. has the strong belief that the installation of the Kit will not place the owner in jeopardy regarding the successful execution of the Concours warranty.

Vehicle owners who have a good understanding of the responsibilities of the manufacturers have very successfully challenged warranty avoidance in court. Often a simple position regarding the Magnuson Moss Warranty Act will change their tune, avoiding a court appearance.

Bergmen Engineering, Inc. will offer to contact, upon request, the dealer or the Kawasaki Factory if a warranty claim is denied because of the installation of a Spin-On Oil Filter Adaptor Kit. This contact will be limited to discussions with the dealer or Kawasaki Factory related to the interpretation of the Magnuson Moss Warranty Act as Bergmen Engineering, Inc. understands it.

For your information, the following are web links to the Magnuson Moss Warranty Act:

http://www.ftc.gov/bcp/conline/pubs/buspubs/warranty.htm

http://www.granatellimotorsports.com//magnusonmoss.htm




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