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Old 10-08-2008, 09:06 AM   #11 (permalink)
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Quote:
Originally Posted by BigWarpGuy View Post
It would be neat if there was a 'Smart Car for Dummies' book.

Don't fret, there WILL be



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Old 10-08-2008, 09:51 AM   #12 (permalink)
 
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Originally Posted by rawlus® View Post
i would be interested in the specific language in MM Warranty act that you are interpreting and how you are interpreting it.
Rather than playing "Internet lawyer," I'm relying on the FTC interpretation of the MM Warranty Act:
"Tie-In Sales" Provisions

Generally, tie-in sales provisions are not allowed. Such a provision would require a purchaser of the warranted product to buy an item or service from a particular company to use with the warranted product in order to be eligible to receive a remedy under the warranty.
I ran my my thoughts on the smart service manual by a former FTC Commissioner and they thought that my thoughts on this had legal merit.

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Old 10-08-2008, 10:11 AM   #13 (permalink)
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Warranty vs. Repair

The MM act concerns warranties and warranty repair, where only the warrantor needs to supply the repair parts or provide the information. A service manual has little to do with warranties, only routine and incidental maintenance. There is a difference.

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Old 10-08-2008, 10:27 AM   #14 (permalink)
 
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Originally Posted by Old smart View Post
The MM act concerns warranties and warranty repair, where only the warrantor needs to supply the repair parts or provide the information. A service manual has little to do with warranties, only routine and incidental maintenance. There is a difference.
The MM Warranty Act prohibits tie-in sales of any kind, whether for parts or service. A manufacturer may not nullify your warranty if you elect to have routine scheduled service done outside of their dealer network. But by withholding the basic information (torque specs, clearances, procedures, etc.) needed to perform said scheduled service, they are, in effect, tying your warranty to their dealer network performing the service (at whatever cost they choose to set).

Sorry if I was not clearer in my earlier posts.

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Old 10-08-2008, 10:54 AM   #15 (permalink)
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Originally Posted by fmaxwell View Post
The MM Warranty Act prohibits tie-in sales of any kind, whether for parts or service. A manufacturer may not nullify your warranty if you elect to have routine scheduled service done outside of their dealer network. But by withholding the basic information (torque specs, clearances, procedures, etc.) needed to perform said scheduled service, they are, in effect, tying your warranty to their dealer network performing the service (at whatever cost they choose to set).

Sorry if I was not clearer in my earlier posts.
If MM is the be-all-and-end-all, why bother drafting H.R. 2694?

"Title: To protect the rights of consumers to diagnose, service, maintain, and repair their motor vehicles, and for other purposes.

"SUMMARY AS OF: 6/13/2007--Introduced.

"Motor Vehicle Owners Right to Repair Act of 2007 - Requires the manufacturer of a motor vehicle sold, leased, or otherwise introduced into U.S. commerce to: (1) provide to the vehicle owner and service providers all information necessary to diagnose, service, maintain, or repair the vehicle; (2) offer for sale to consumers and service providers any related tool or equipment; and (3) provide the information necessary to enable aftermarket tool companies to manufacture tools with the same functional characteristics. Exempts trade secrets, so long as the information is not disclosed to authorized dealers or service providers.

"Authorizes enforcement of this Act by the Federal Trade Commission (FTC) and civil actions by state attorneys general, consumers, and service providers."

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Old 10-08-2008, 01:24 PM   #16 (permalink)
 
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Location: Virginia
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Originally Posted by Old smart View Post
If MM is the be-all-and-end-all, why bother drafting H.R. 2694?
You will have to ask the sponsors of that bill. It could be to clarify exactly what is required to be released, to stipulate specific penalties, or to reduce confusion within the marketplace.

It could be to spell out what recourse consumers have:
SEC. 6. CONSUMERS' RIGHTS.
A consumer or service provider may bring a civil action to enjoin any violation of section 3 of this Act or of any rule issued pursuant to this Act and for damages therefore (including court costs and reasonable attorney and expert witness fees). Such an action may be brought in any court of competent jurisdiction.
Why did they draft a bunch of legislation after Columbine? It's not like mass murder was legal prior to that incident. If you club someone over the head, you can be charged with battery, attempted murder, assault with a deadly weapon, etc.

Our laws are replete with overlaps and duplication.

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Old 07-04-2009, 08:26 AM   #17 (permalink)
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Any updates on this???

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Old 07-04-2009, 10:07 AM   #18 (permalink)
 
Location: Cedar Rapids
When I bought my 2007 Kia Sportage a few months back in the owners manual it gave you a number to call to order the shop manuals. Have always done this with previous cars and usually paid less than $100 for the complete set. The lady at the number told me that Kia put's there shop manuals online for free. I certainly was not expecting that.

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Old 07-04-2009, 11:11 PM   #19 (permalink)
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I would sure like to know all the technical of the engine, trans, power steering, and breaks for the Smart. Service manual would be awesome. Please don't let this fall threw the cracks.

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Old 07-05-2009, 05:31 AM   #20 (permalink)
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I agree. This is the first car I have owned and NOT had a detailed manual for. Being an old mechanic, there are things I prefer to know.

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