Originally Posted By: dnewton3
Originally Posted By: 2015_PSD
...Ford "weasels" far too much on this issue and there have been many claims in the Powerstroke forums on the web of denied warranties due to this topic. It takes nothing (in Ford's eyes) to be in a SOC classification--run biodiesel? There you are.
Not that I doubt you, but I'd like to see these claims for myself.
Can you point me towards some specific threads please?
I want to understand the conditions first hand.
Are these denials based SOLELY on the lube, or other inputs that might be a more stringent reason of disagreement such as tuners, bio-fuel above 20%, etc?
Again, I seem to have to repeat this over and over and over again ...
In arbitration, and court cases, "recommendations" are only that, they are a suggestion and not (NOT NOT NOT) a legally binding action "requirement". There are scores of M/M arbiter rulings that have repeatedly shown that recommendations are not binding to the consumer.
Ford cannot "recommend" you do something, and then successfully defend the denial of warranty based solely on that. Assuming you were to use a product off the approved F1 list, they would have to show, as a burden upon them, that the condition necessitated such use of a 5w-40 syn. And if they can prove that, then the consumer is justified to ask "if it's so important, what is it not "required" and only "recommended"? To which the arbiter would likely find in favor of the consumer. The entire point of the M/M Act is to allow an OEM to protect itself from unlimited claims, but it also recognizes and defines the rights of consumers.
The concept of this is akin to criminal proceedings; there are statutory laws and then subsequent case decisions that refine those laws as interpretations.
In civil law, the same applies.
In warranty claims, the same still applies.
There are many warranty claim decisions from both courts and arbiters that define "recommendations". "Recommendations" are only that; they are suggestions that are NOT binding.
"Requirements" (specifications or "mandatory" statements) are that; they are binding in terms of warranty conditions. We're supposed to be informing people about the facts of this topic; not the emotion of how some are willing to acquiesce.
There is no reason you cannot "upgrade" at your own discretion to the use of syn 5w-40. But it cannot be a point of successful denial in arbitration because it is only a "recommendation". If Ford made 5w-40 a "required" fluid, then they would have to provide it as FF and then either disavow any lube not meeting that grade, or create a separate spec unique to that fluid that would apply only to the SOCs.
Ford is unwilling to pay for FF being a syn; they count on the consumer's ignorance of warranty torte law to skews things in their favor.
Generally, the small-market and/or individual consumers are the ones whom over-pay for over-maintaining their vehicles; it makes them feel good.
But it's not a mandatory condition in the least bit in the eye of courts and arbiters.
Goliaths succeed because there are too few informed David's in the consumer world.
Most bullies will back down if you are well prepared and willing to take on the fight.
A dealer is generally only an agent of Ford; a representative and not a direct employ. Dealers will tell folks all manner of garbage; it starts with shoddy sales, marketing tricks, financing gimmicks akin to slight-of-hand diversion, and it continues on into the service counter.
You are obligated to engage the dealer first, but they are not the decision point. If the dealer tells you something and you agree to it, well .. there you are. But they are NOT the entity that decides warranty claims. Ford has a whole slew of folks trained to deny you that at a higher level. But once you engage them, armed with facts and case examples, they realize they're not going to push you over easily and negotiate much more fairly.
Some of the more recent examples come from (not surprisingly) Harley-Davidson warranty. HD dealers push their branded products heavily; HD oil and filters. But they have lost a few notable arbitration cases in the last two decades. Dealers tell folks "You must use our HD oil and filters for warranty to apply" and the koolaid drinking faithful lap that up. But that is "tie in sales" and completely illegal.
Anything that is branded as "tied in" to warranty must be provided free of cost.
Anything that is "required" must be written as a condition thereof. (Specifications are an example; such as WSS-M2C171 F1 ...)
Anything that is "recommended" is not "required".
Anyone familiar with our legal system knows full well that the letter of the "law" and the "facts" of a given case are often meaningless. If a judge doesn't like a particular side for political reasons, that judge will "find a way" for that side to lose, regardless of the facts and regardless of the law. Likewise, if Ford doesn't want to honor a warranty claim for any reason, it will "find a way" to deny it regardless of the law and facts. This is reality. Politics and practicality sometimes matter more than what the law actually says.
Certainly don't blame PSD2015 for wanting to have one more arrow in the warranty quiver. . . Following Ford's "recommendations" falls into the category of common sense and practicality which makes the truck owner look responsible.