DEALER agrees that it will not make any modifications to [Manufacturer] Products that may impair or adversely affect a vehicle’s safety, emissions or structural integrity. For example, in the event of a rollover crash caused by a lift-kit suspension change on a truck, it is foreseeable that the OEM would not indemnify a dealer if someone injured in the rollover crash sues the dealer and the OEM. Such a liability suit puts your dealership and your relationship with the OEM at risk. Additionally, the OEM would claim breach of the DSSA. The customer and the OEM would argue that the lift kit altered the vehicle’s suspension, thereby compromising its safety. In addition to not using non-OEM accessories or parts that would adversely affect safety, emissions or structural integrity, the dealer agreement could also provide that you would be in violation if those non-OEM accessories or parts adversely affected the mechanical operation of a motor vehicle. Subject to the provisions set forth below, DEALER has the right to sell, install or use, for making non-warranty repairs, products that are not Genuine [OEM] Parts or Accessories. DEALER acknowledges, however, that its customers expect that any parts or accessories that DEALER sells, installs or uses in the sale, repair or servicing of [Manufacturer Motor] Vehicles are, or meet the high quality standards of, Genuine [Manufacturer] Parts or Accessories. DEALER agrees that in sales, repairs or servicing where DEALER does not use Genuine [Manufacturer] Parts or Accessories, DEALER will only utilize such other parts or accessories that will not adversely affect the mechanical operation of the [Manufacturer] Motor Vehicle being sold, repaired or serviced, and that are equivalent in quality and design to Genuine [Manufacturer] Parts or Accessories. It is important to check your dealer sales and service agreement to determine whether any modification to a new vehicle could violate that agreement. vada.com 21
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