TSB: SE-2009-11-01

AMSOIL Technical Service Bulletin

Date: 11/23/09

Product Description: Ski-Doo®, Can-Am™ Warranty Coverage on AMSOIL Interceptor, Dominator Racing 2-Stroke Oil, HP Injector, Formula 4-Stroke 0W-40

Subject: Bombardier Recreational Products (BRP) changes its operator’s guides in regards to warranty coverage.

OBJECTIVE:

1. Communicate a significant language change in BRP’s warranty policy.

2. Communicate that the use of AMSOIL lubricants in BRP snowmobile and ATV engines will not place warranties at risk.

3. Assure customers that AMSOIL synthetic lubricants meet or exceed the performance requirements of BRP snowmobile and ATV engines.

TECHNICAL DISCUSSION:

AMSOIL customers who recently purchased a Ski-Doo snowmobile or Can-Am ATV were advised that it was necessary to use BRP-branded lubricants or risk the loss of warranty coverage. Customers were referring to language found in multiple Ski-Doo and Can-Am operator’s guides that instructed use of only a specified BRP synthetic lubricant. Further, the guides state “Use of other engine oils may cause severe engine damage and may void the limited warranty” (3)(4). Additional BRP operator’s guides state there is “no known equivalent” (1)(4) to the branded BRP lubricant on the market.

AMSOIL confronted BRP about the warranty language in its operator’s guides. Specifically, AMSOIL asserted that the warranty language violated the Magnuson Moss Warranty Act, a federal law which prohibits manufacturers from requiring the use of a branded service/replacement part unless the branded service/replacement part is provided free of charge. AMSOIL emphasized that its synthetic lubricants meet or exceed the engine performance requirements for both two- and four-cycle engines used in power sports equipment.

BRP, while denying that its warranty language violated the Magnuson Moss Warranty Act or any other regulation, advised AMSOIL that it has never denied a warranty claim based on the use of “improper oil” (2). Furthermore, BRP advised that it will modify the language of its operator’s guides as follows:

1. It will no longer say that use of oil other than the BRP branded product may void the warranty.

2. When it recommends a particular branded product, it will ensure that the language is clearly identified as a recommendation rather than a requirement.

3. It will no longer comment on the availability of equivalents to the BRP brand oil(s).

AMSOIL is publishing this notice to inform the public of this significant change in BRP’s warranty policy, assure customers that AMSOIL synthetic lubricants meet or exceed the performance requirements of BRP engines and ensure that snowmobile and ATV owners do not mistakenly believe that use of AMSOIL lubricants will place their warranties at risk.

RECOMMENDATION

For performance specifications and applications, refer to the product label or data sheet, AMSOIL Powersports Application Guide (G2135) or the Powersports Online Look-up. Contact us or AMSOIL Technical Services Department can be reached at 715-399-8324 for oil recommendations regarding Ski-Doo or Can-Am applications.

REFERENCES

1. Can-Am™|BRP. 2009 Operator’s Guide DS450™ EFI DS405™ EFI X™ XC. 219 000 576, Canada: Bombardier Recreational Products Inc., 2009. 84. Print

2. Morisset, Paule. Letter to Mr. Michael W. Haag of Foley & Mansfield PLLP, Attorneys at Law; Minneapolis, MN. June 23, 2009.

3. Ski-Doo®|BRP. 2009 Operator’s Guide REV-XP. 520 000 900, Canada: Bombardier Recreational Products Inc., 2009. 61. Print.

4. 2008-2009 operator’s guides for BRP snowmobiles (Ski-Doo) and ATVs (Can-Am) contain this language.

Submitted By: LG Reviewed By: DP Approved By: AA Approval Date: 11/24/09