I finally gave in, and went to the dealer, to have the "CC deactivation
switch" recall work done on my Exploder. I was expecting a nice, compact
in-line fuse, of the type that aftermarket radios use, to be inconspicuously
spliced onto the wiring. But instead, what a monstrosity! A huge bulky
gizmo, wrapped with insulation tape and secured to the brake lines with a
bunch of cable ties. And a 6" long do-nothing appendage (apparently a
harness shroud tube for alternative installations) hangs out from it. To add
insult to injury, there is a label, telling me that the fuse inside is not
replaceable, and the entire monstrosity needs to be replaced (this time
obviously not for free) if it burns. What else should I say?
Yes, yes, I know that the irreplaceable fuse is Ford's way of protecting
themselves from liability if some smart Alleck replaces the original with a
30Amp one when the CC switch goes bad and it does its job...
Or simply replace the fuse that is there... Modern society is litigious to
the extreme.... people will sue simply because stupid people are allowed to
sue. And Ford is simply covering their collective ass... and can we blame
In Texas, a lawyer is suing FMC, his dealer and HyperTech because his
chipped 6.0 diesel blew the head gaskets.... The documents that came with
the truck specifically state that modifications can void the factory
warranty... HyperTech said that their chip wont void factory warranty....
Why do we need to tell people not to stick a knife into a toaster to
retrieve a piece of bread? Why do we need to warn people of many things that
should be a matter of common sense?
Like I tell my boy.... if you are about to do something - ask yourself why
you are doing it and ask yourself <carefully> what you expect for a result.
That's specifically why they came up with the SFE series glass fuses
in the 1940's - the higher the rating, the longer the fuse element
between the end-shells, a 30A would not physically fit in a 5A fuse
And there are other rejection small fuses they could use, there's
one where the fuse and the fuseholder cap are soldered together, and
the holder cap lugs are keyed to only fit in the right holder.
If they were planning ahead, Buss or Littelfuse (not sure who was in
the lead on that one) could have easily incorporated an over-fusing
rejection tab feature in the ATO blade-fuse specification when they
were being designed, but they didn't.
IANAL of course. Looks to me like the truck owner has a case, the
sticky question being with whom...
IF the damage can be traced back to the HyperTech Chip itself,
they're liable under 'general fitness and merchantability' or such -
when you sell a product, it has to do what it says for a reasonable
amount of time.
IF the damage can be traced back to bad head gaskets or another
factory defect, then it's in Ford's court. If the truck is new enough
to where it's not likely to be attributed to wear and tear or abuse,
the only other logical cause is a defect somewhere - perhaps they
didn't torque the head bolts right on the assembly line that week.
Unless Ford wants to push that 'modifications void warranty' clause.
IF HyperTech makes a claim of "Will not void the factory warranty"
they must have had their lawyers go over the Ford warranty with a fine
tooth comb, and be certain of their position on this before making the
claim in writing - or they have just committed a fraud...
And that's actionable, you bought the kit in good faith that SOMEONE
would take responsibility if it went BLOOEY! out of the box. If Ford
won't pay for the needed repairs then HyperTech should, and they can
sue Ford to get paid back - they're a corporate entity with lawyers on
staff or retainer, they can handle it far easier than a vehicle owner.
1: Unplug toaster from wall socket. 2: Remove jammed toast.
If they can't handle something THAT simple, they don't deserve to
continue wasting precious oxygen and food supplies.
I'm a firm believer in Darwin's Law too, but unfortunately the legal
system has evolved (or devolved) to where you need to take more
pro-active steps to prevent the brain-dead from removing themselves
from the gene pool in any foreseeable ways. This is why they have to
print "Remove From Car Windshield Before Driving" on solar-shades,
you'd think that one didn't need to be said...
You're likely off the hook if they can find a unique NON-foreseeable
method to off themselves, though you'll probably get hauled into court
to defend your position.
--<< Bruce >>--
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