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  1. #11
    Join Date
    Jun 2014
    Location
    Murphy, Tx
    Posts
    41

    Default Re: Is an Automotive Aftermarket Parts Company Liable for Customers Modifying Their C

    Quote Quoting RPM-Motorsports
    View Post
    My question involves a consumer law issue in the State of: Arizona / Nationwide

    We are are an aftermarket parts company based in Arizona, we sell "Hot Rod" parts to consumers all over the US. We currently have a customer who purchased a "Turbo Kit" (This is a kit designed to take a car that came OEM without a turbo system and apply an aftermarket system) and though we recommend professional installation this customer choose to install the kit them selves and with in a few days the customer reported that his motor was damaged and that he wants us to cover the cost of the repairs with the threat of a lawsuit.

    How liable are we as the company who sold the kit?

    thank you in advance
    Where I see potential liability is with respect to implied warranties (ex: implied warranty of merchantability) and express warranty. That is why others who have responded say 'it depends'. You could have made yourself liable and not know it. When it comes to the law...words mean everything...along with their definition (don't rely on Merriam Webster).

    My opinion: a case like that should be fairly easy to argue. I suspect the turbo was installed on a car with significant mileage. Who's to say there wasn't a pre-existing mechanical issue? Secondly..unless the car came from the factory with either a turbo or supercharger, it likely does not have the pistons compatible (forged) with forced induction. A cast piston is not going to last long in a forced induction engine. Thirdly...when adding forced induction it becomes necessary to use higher (>87) octane gasoline or pre-detonation can occur. Pre-detonation all by itself can cause engine failure. If that's the case, then the turbo didn't cause the engine to fail...the owner's ignorance did. Anyway..I think you get the point. There are more than a handful of reasonable explanations that don't involve you being liable. That does not however mean you won't have to go through the expense of hiring a law professional.

  2. #12
    Join Date
    Jun 2014
    Location
    Murphy, Tx
    Posts
    41

    Default Re: Is an Automotive Aftermarket Parts Company Liable for Customers Modifying Their C

    i was reviewing this thread to see if there were any updates. Then I decided to check out the author's website. I agree with the previous responses that given the claims you're making on your website...it's going to happen one day that someone with enough knowledge will take the claims you have made and get a court to hold you to what you've said. As an auto enthusiast, saw a giant hole regarding the customer you are targeting and that tells me that you're not the experts you claim to be. For example...in the Ford section you only cater to 2015+ Mustang. Here's the giant hole: 1987-1992 Mustang 5.0L came from the factory with the internals for a turbo or supercharger. Out of the box...forged pistons. That's an easy kill if you're an aftermarket supplier of turbo and/or supercharger kits.

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