Chip + Warranty

Steve Sears steve.sears at soil-mat.on.ca
Fri Mar 8 13:04:06 EST 2002


Rob,
Being the Editor of the DKW Club of America's newsletter, I have often heard
about SEMA - especially with respect to their opposition to the "Junkers for
Pollution Credits" programs (like S.B. 1058 in  California).  Yes, there are
a number of vehicle advocacy groups here in Canada.  The reason for my
posting, however, was that your posting about the SEMA ruling only apples to
the US.  "Canadian Law" would be referred to as "Common Law" - which has its
roots in English Common Law - the US system is similarly based.  If you took
Audi to court in any Canadian province other than Quebec over the warranty
issue, you'd be taking your chances (and spending your dollars as lawyers
here do not work for a percentage of the winnings).  HOWEVER - Audifans.com
is read world-wide.  Quebec, has a Civil Law system tracing back to
Napoleonic Code which, in simplistic terms, takes the concept of "Innocent
until proven guilty" and turns it on its ear - almost "Guilty until proven
innocent".  You were advising a resident of Quebec in your SEMA posting.  If
Anthony took your advice, went the whole nine yards and sued Audi, chances
are good that Anthony would spend his money and lose - and maybe even have
to pay Audi's legal costs.  And this ruling would probably result as such
without the lawyers from Audi tabling the internet posting from Anthony
suggesting that he would consider duping the dealer (Anthony, it doesn't
matter if you do or don't, your posting standing by itself says that you
would _consider_ fraud, subsequent posts irregardless).  Anthony, Robert's
"Theory" of protection by law has holes outside of the US.  I was discussing
this topic with some of the West Toronto Audifans at our monthly meeting
last night - apparently there are some dealerships in the Toronto area who
will look very closely at a turbo/twin turbo Audi before bringing it in for
service - if they find any modifications, then the car doesn't even get on
to the service room floor - not even to top up the windshield wiper fluid.
They may be taking the position that if they do "work" on the car subsequent
to a known modification, they are accepting the modification on the car.  I
guess it all boils down to whether you think that extra 20 horses under the
hood is worth more than Audi's warranty and all services of the Audi
dealer's repair shop.
My 2c - with maple leaves on them.
Cheers!
Steve Sears
1987 5kTQ
1980 5k
1962 and '64 Auto Union DKW Junior deLuxes
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