gnurob
Member
There's a really good chat going on over the ADV Rider on the requirement to use the manufacturer's brand of engine oil and filter. It largely focuses on the laws in the United States, specifically the Magnusson-Moss Warranty Act. That Act puts the onus on the automaker to prove that a non-manufacturer oil damaged the engine. Furthermore, the warranty may not condition a written or implied warranty on the consumers using parts or services which are identified by brand, trade, or corporate name (such as the vehicle makers brand) unless the parts or service are provided free of charge.
In Canada this varies by each provinces consumer protection act, with the exception of the the Canadian Motor Vehicle Arbitration Plan (CAMVAP). That plan, however, does not apply to motorcycles, and only applies to automobiles when the manufacturers are voluntary members (e.g. BMW, to the best of my knowledge, is not a member. Still, moot for bikes.).
Newfoundland and Labrador consumer protection legislation requires that consumers be provided with a written warranty. It does not restrict conditions on warranties, therefore I believe any conditions would have to be stated in the written warranty. However, even if a manufacturer's oil/filter were required, it may not be that cut and dry. It is possible for a clause in a warranty to be removed by the court if it were unconscionable. Which brings me to the next point, common law.
Laws in Canada are set in legislation, and also in precedent. I think manufacturer's restrictions on engine oil and filters has already seen the courts. Perhaps someone here on R2R has come across this. (Or has the patience to find out.)
My person view is not to be concerned because manufacturer's publish API grades in their manuals. In other words, non-manufacturer oil and filters are implied to be acceptable. Just be certain to meet the manufacturer's specifications, and minimum maintenance schedule.
What do you think?
In Canada this varies by each provinces consumer protection act, with the exception of the the Canadian Motor Vehicle Arbitration Plan (CAMVAP). That plan, however, does not apply to motorcycles, and only applies to automobiles when the manufacturers are voluntary members (e.g. BMW, to the best of my knowledge, is not a member. Still, moot for bikes.).
Newfoundland and Labrador consumer protection legislation requires that consumers be provided with a written warranty. It does not restrict conditions on warranties, therefore I believe any conditions would have to be stated in the written warranty. However, even if a manufacturer's oil/filter were required, it may not be that cut and dry. It is possible for a clause in a warranty to be removed by the court if it were unconscionable. Which brings me to the next point, common law.
Laws in Canada are set in legislation, and also in precedent. I think manufacturer's restrictions on engine oil and filters has already seen the courts. Perhaps someone here on R2R has come across this. (Or has the patience to find out.)
My person view is not to be concerned because manufacturer's publish API grades in their manuals. In other words, non-manufacturer oil and filters are implied to be acceptable. Just be certain to meet the manufacturer's specifications, and minimum maintenance schedule.
What do you think?
Last edited:
