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Germany - General warranty restrictions in respect of vehicle modifications are not allowed

Recently the ETO member VDAT had the issue of (voluntary, add on warranties) warranty restrictions in respect of vehicle modifications legally evaluated by a German attorney. The result states clearly that a general warranty restriction clause in respect of vehicle modifications is not allowed.

In addition to the normal vehicle warranty the consumer often gets an voluntary additional warranty for free or purchases an additional warranty for an extra fee.

Often these extra warranties have special clauses and consumers are given the impression that these additional warranties allow for special conditions and clauses regarding vehicle modifications.

This is legally not allowed. It does not matter if is a voluntary (free of charge) or add on warranty for an extra fee - general clauses and restrictions regarding vehicle modifications are not allowed and are not legally binding!

Of course should the cause of a warranty claim be in direct connection or a result of a modification to the vehicle, the warranty entitlement could still become invalid. This could be for example the case when modifications in the segment engine tuning lead to an engine failure.

It can be assumed that the German legal view regarding warranty restrictions is also similar in other EU member states.

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