The extraordinary quality level of genuine TECHART products is backed by our warranties.
The TECHART PROTECT Warranty for individualized new and pre-owned Porsche vehicles is purpose-made for your Porsche model and provides comprehensive cover for all possible contingencies. Today’s and tomorrow’s. TECHART stands behind this promise together with a strong partner: automotive insurance specialist MENEKS provides 40 years of experience to ensure excellent warranty service.
Outside Europe, the TECHART TECHTRONIC Warranty provides security for your engine and drivetrain. According to the TECHTRONIC Warranty Terms, it offers cover up to a value of EUR 75,000.
"Does the statutory warranty for defects in my vehicle cease to be valid due to TECHART individualization?"
"Does my Porsche's New Vehicle Guarantee cease to be valid?"
"And how about the Porsche Approved Pre-Owned Car Guarantee?"
Incorrect and misleading claims made by some dealers and vehicle sellers keep on leading to concerns being raised in current and prospective TECHART customers. An example of this is the claim that the vehicle manufacturer routinely advises that using accessories not approved by them leads to forfeiture of the guarantee overall. It is an unfortunate fact that incorrect and misleading assertions are also made on a frequent basis with respect to the vehicle warranty.
Don't let these assertions get to you.
TECHART would like to provide more clarity on the topic of warranties and guarantees and prevent any possible concerns caused by misleading assertions on the part of third parties. With this in mind, on the pages that follow we have commented on the questions and fallacies relating to these issues that come up most frequently1.
However, if you cannot find the answer to your question, please do not hesitate to contact us.
1 The law of the Federal Republic of Germany constitutes the basis for our comments. In other countries, particularly outside the European Union, different rules and statutory arrangements may apply as the case may be.
1.1. Warranty for defects – what are they exactly?
The warranty for defects rules your statutory rights as purchaser with respect to the seller if there is a defect in the purchased item. The seller can indeed partially modify these rights by way of terms and conditions; however they cannot completely evade the consequential obligations. This statutory warranty for defects is applicable in relation to vehicle sellers or vehicle dealers and is connected to the purchase agreement.
1.2. How does it differ from a guarantee?
Due to German Law, there is a difference between the statutory warranty and the voluntary guarantee. By contrast, the seller or a third party (e.g. the vehicle manufacturer) grants a guarantee voluntarily – from a legal perspective. These guarantees often establish your rights as purchaser in the event of a defect; however in doing so go beyond the scope of the seller's statutory obligations or make it easier for you to claim against the seller in comparison with the statutory arrangements via the warranty. Should a third party (e.g. the vehicle manufacturer) provide a guarantee they shall be liable under the given alongside the seller.
Your claims under a guarantee and your statutory warranty claims exist independently of each other. Should the preconditions for applying the guarantee not be present you are still left with the option to assert your statutory warranty rights (in addition).
2.1 What rights can you as purchaser of a vehicle assert in the event of a defect?
If a purchased item is defective, you as purchaser may first of all request subsequent performance by way of a replacement being supplied or a repair. In the context of vehicle purchases only a repair is taken into consideration as a rule. The seller may refuse to supply a replacement immediately for reasons of proportionality.
Should the subsequent performance fail you may withdraw from the contract or reduce the purchase price.
In particular cases you may also assert further claims.
2.2. Does the statutory warranty for defects in your vehicle cease to be valid due to TECHART individualization?
No, the statutory warranty for defects in your vehicle does not cease to be valid.German statutory legislation concerning warranties for defects even contains provisions relating to circumstances where a defective item has been remodeled. This provision would be redundant if remodeling – and this is what TECHART individualization is – led to your warranty rights ceasing to be valid. A general exclusion of your warranty rights by the vehicle manufacturer or the seller is not permissible in German law.
In a press release dated 3-6-2009 the German Association of Automobile Tuners [Verband Deutscher Automobil Tuner e.V.] (VDAT) has already provided clarification regarding this point:
“In principle, accessories from independent suppliers do not jeopardise the guarantee.”
2.3 Can TECHART individualization have other impacts on the guarantee for defects in your vehicle?
When ascertaining whether there is a defect, TECHART individualization can only have an impact on your vehicle's warranty for defects if the fitting of TECHART products causes changes to be made, which directly affect the defective area and lead to the vehicle thus no longer being in its original condition. Nevertheless, in this case the warranty for defects for TECHART products takes effect. Therefore, you have no need to worry about the warranty for defects “ceasing to be valid”.
Or put another way: if TECHART individualization has nothing to do with the defect that has arisen, your vehicle seller, e.g. your dealer, is liable for the defect in an unchanged manner. However, should TECHART individualization be verifiably responsible for the defect, claims under the warranty for defects do not arise against the vehicle seller but against TECHART.
VDAT provides the following example in this context: “A warranty claim for a defective window lift may not be rejected because alloy wheel rims from the open accessories market have been built in”.
2.4. Do Porsche's General Terms and Conditions restrict the warranty for defects for your vehicle if individualization is undertaken using TECHART products?
No. Porsche's Terms and Conditions do not include any provisions restricting the statutory rights with respect to warranty for defects. This would not be permissible for private purchases under German law, either. According to the Terms and Conditions, certain modifications of the statutory arrangements apply with respect to liability for compensation. However, these apply irrespective of whether the vehicle is individualized or not.
2 Porsche terms and conditions of sale for new Porsche vehicles (vehicles) and original Porsche spare parts, accessories and replacement parts" (parts) for Germany, status as at 2009/2014
3.1 What types of guarantee does the vehicle manufacturer offer?
As a rule, a new car guarantee is offered for new vehicles (in the case of Porsche: “The Porsche New Vehicle Guarantee”) and a pre-owned car guarantee (in the case of Porsche: “The Porsche Approved Pre-Owned Car Guarantee”) for second-hand, pre-owned vehicles3.
3 Porsche New Vehicle Guarantee, status as at 2009/2014 and Porsche Approved Pre-Owned Car Guarantee, status as at 2009/2012
3.2 Does TECHART individualization preclude these guarantee claims per se?
a) Does the Porsche New Vehicle Guarantee cease to be valid?
No, your guarantee claims under the Porsche New Vehicle Guarantee do not cease to be valid due to TECHART individualization per se. Especially the guarantee conditions of the Porsche New Vehicle Guarantee do not contain any such provision. In accordance with item III, 2c) of the guarantee conditions this only ceases to apply if defects have arisen due to parts being been built into the vehicle, the use of which Porsche has not approved or the vehicle has been altered in a manner not approved by Porsche (e.g. through individualization).
Thus, the Porsche New Vehicle Guarantee Warranty solely ceases to be valid if a defect has arisen and the customization is a causative factor behind this defect.
b) Does the Porsche Approved Pre-Owned Car Guarantee cease to be valid?
If a Porsche Approved Pre-Owned Car Guarantee already exists for the vehicle, according to item 2.1 (7) of the General Policy Conditions of the Porsche Approved Guarantee Insurance such damage is excluded from the insurance cover, which has arisen due to parts being built into the vehicle, the use of which has not been approved by the manufacturer or the vehicle has been modified in a manner not approved by the manufacturer.
Thus, according to the policy conditions in the event of damage, such damage is only excluded from the insurance cover of an existing Porsche Approved Pre-Owned Car Guarantee, for which the individualization has been is a causative factor.
The following applies to a Porsche Approved Pre-Owned Car Guarantee being taken out for the first time or it being extended: should TECHART parts have already been built into the vehicle, according to the guarantee conditions Porsche may decline an application for a Porsche Approved Pre-Owned Car Guarantee to be taken out for the first time or extended, since there is no obligation to grant a Pre-Owned Car Guarantee.
Therefore, if requested TECHART offers a vehicle guarantee as an additional item, which provides coverage for individualized and pre-owned vehicles. TECHART would be happy to advise you of the details and conditions .
So, as a TECHART customer you are comprehensively covered even after your vehicle has been individualized or modified by TECHART products.
4 The scope and content of the guarantee offered by TECHART solely ensue from the TECHART guarantee conditions. The guarantee must be concluded in writing, explicitly and separately with TECHART. The TECHART guarantee conditions shall prevail.
Your interest in original TECHART brand products for individualizing your Porsche model is a clear indication that you do appreciate the values of an internationally renowned brand. In the case of TECHART, these include the high quality of materials and workmanship, the comprehensive MOT and safety tests as well as the design development of our aerodynamic products in the wind tunnel. Or put another way: the core values of a premium brand, made in Germany.
We want you to experience the added value offered by the quality of this brand even in the event of a defect in your vehicle.
TECHART or the TECHART dealer is liable under the contract concluded with you as a customer even under the statutory warranty for defective parts and services as well as the damage resulting therefrom – that is if a TECHART product is responsible for a “fault”.
With TECHART engine enhancement powerkits, such as TECHART powerkits with the TECHTRONIC® engine management system, TECHART is raising the bar even higher: to ensure enhanced performance based on the TECHTRONIC® engine management system, alongside the statutory warranty for defects TECHART offers a TECHART guarantee for defects in the engine and gearbox in accordance with the TECHTRONIC® guarantee conditions5.
5 The scope and content of the guarantee offered by TECHART solely ensue from the TECHART guarantee conditions. The guarantee must be concluded in writing, explicitly and separately with TECHART. The TECHART guarantee conditions shall prevail.
Please do not hesitate to get in touch with us if you would like us to advise you individually so as to clear up any further queries relating to the TECHART individualization of your Porsche model.
Learn more about the TECHART PROTECT warranty and mobility services as well as the TECHART TECHTONIC Warranty.