It depends…It has changed since I first read about this from the Challenger forum. First, it was denied due to removed mufflers. In reading it now (update#2), the PCM was tampered with. I agree with cprcubed statement bolded above...he will loose, even if he removed the tune at anytime prior to the engine failure. This is why I'd personally steer clear of a tune unless the factory warranty has expired, as you would not make a claim for warranty work then.
If update#2 is correct, then the Magnuson-Moss-Warranty-Act may not apply, as most tunes change the timing, rev limiter, and air/fuel mixture above the factory recommended limits. At best, maybe Dodge will offer a reduced price offer. They (Dodge) will still have to prove the modification caused the failure though.
So let’s say you have a tune on your car and that rod comes knocking. What cause failure? They pinpoint it to oil starved bearings well what caused the oil starvation? A faulty oil pump. Engine is under warranty if that can be proven.
I have a buddy with a brz that was boosted. Engine blew and it was a result of their valve spring recall. Subaru covered it
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