The sharp rise in fuel prices makes Superethanol E85 very attractive. Boxes exist to convert vehicles to this cheap fuel. If their use has been legal since the end of 2017, the question of guarantees in the event of a breakdown nevertheless arises. Decryption of L’argus.
Only Ford, Jaguar and Land Rover offer new vehicles compatible with E85 Superethanol as standard. It is, however, possible to convert your gasoline or gasoline hybrid vehicle to save money at the pump. A decree of the Ministry of Ecological and Solidarity Transition of November 30, 2017 has indeed legalized E85 converter boxes. Since a decree of February 19, 2021 entered into force on 1er following April, it is even possible to install them on vehicles of 15 hp and more, previously excluded from this device. But in the event of a breakdown after the installation of an E85 enclosure, what guarantees apply? Can manufacturers deny their warranty on a vehicle converted to E85? Do the manufacturers of these conversion kits offer a sufficient guarantee? Can the responsibility of the box installer be implemented?
TO READ. Ethanol. Everything you need to know about E85 fuel: prices, models, containers…
Guarantees in the event of breakdowns related to the use of Superethanol E85
The decree of November 30, 2017 amended on February 19, 2021 first requires manufacturers of E85 conversion devices to recall boxes presenting a risk of seriously compromising road safety, public health or the protection of the environment. ‘environment.
The text also places a warranty obligation on the manufacturers of the E85 enclosures. They must, in fact, guarantee the preservation of the integrity of the engines, tanks, supply circuits, post-treatment systems for pollutant emissions and of any part likely to be in contact with E85 fuel.
“The mechanical parts in contact with Superethanol E85 are therefore guaranteed by the manufacturers of the conversion units themselves.“
This guarantee thus replaces that of the car manufacturers. on these parts in case of installation of such a box. In the event of a problem related to the use of E85 fuel, the car manufacturers will not intervene and only the manufacturers of the E85 boxes will be able to exercise their guarantee in application of the regulations.
However, the decree does not specify the duration or the terms of this guarantee.
The two market leaders, Biomotors and FlexFuel Energy Development offer a warranty ranging from 12 to 24 months.
- Biomotors guarantees its boxes for 12 months/unlimited mileage when they are installed on vehicles up to 5 years old with less than 150,000 km
- On the side of FlexFuel Energy Development, the warranty is for a maximum of 2 years/unlimited mileage, within the limit of the remaining manufacturer’s warranty, if the vehicle is less than one year old on the date of installation of the box. Otherwise, the warranty is reduced to 12 months, on the double condition that the vehicle is less than 5 years old and has 150,000 km on the odometer when the device is installed.
In all cases, the manufacturer’s warranty for these E85 conversion units is in addition to the legal warranties of conformity and hidden defects, the duration of which is 2 years from the discovery of the defect or lack of conformity. Once the box manufacturer’s warranty has expired, it will therefore always be possible to try to win your case on the basis of one of these legal warranties if the conditions are met. It will then be necessary to act against the seller of the box within 5 years from the date of purchase.
TO READ. E85 case. What are the risks ?
The responsibility of the installer of the E85 box likely to be engaged
The regulations provide that E85 boxes can only be installed by an installer authorized by the manufacturer. However, these installers can also be held liable in the event of a problem. According to the amended decree of November 30, 2017, the installer is responsible for verifying that the conditions for installing the conversion device on the vehicle are compatible with safety requirements applicable to the vehicle on which it is fitted.
Added to this is the obligation of result to which the installer is bound towards his client. Like every automotive professional, the box installer has an obligation to ensure the efficiency and reliability of his intervention. In other words, if the breakdown is due to a fault in the installation of the box, the installer may be held liable, within a period of 5 years from the installation of the device.
TO READ. Bioethanol E85. A market boosted by fuel prices in 2021
The manufacturer’s warranty still valid for failures unrelated to E85
Car manufacturers are still required to guarantee their vehicles in the event of a breakdown unrelated to the use of Superethanol E85. The manufacturer’s warranty is in fact intended to apply if the car equipped with an E85 additional box encounters a problem unrelated to the use of this fuel.
Thus, a customer cannot validly be refused the manufacturer’s warranty for the sole reason that his vehicle has been fitted with an E85 box. The same is true for the legal guarantees of conformity and hidden defects which may also be invoked in such a case. To refuse to intervene, the manufacturer must demonstrate that the problem has a link with the installation of the unit or the use of E85 fuel. An argument that could unfortunately become frequent as the parts impacted by the conversion of a vehicle to E85 Superethanol are numerous…
Possible difficulties of care at the key
A breakdown occurring after the conversion of a vehicle to Superethanol E85 can involve up to 4 different parties:
- the car manufacturer,
- the manufacturer of the converter box, or even the seller thereof
- finally the installer.
In the event of a problem, each is likely to invoke the responsibility of the other for not bearing the cost of the repairs. The manufacturer will have a particular interest in clearing customs insofar as once the manufacturer’s warranty for the box has expired, the manufacturer’s warranty will not resume its course on the parts in contact with E85 fuel.
In the event of refusal of guarantee by these four parties, it will then be necessary to resort to a measure of contradictory amicable expertise, or even to a judicial expertise. The expertise must be carried out in the presence of these four protagonists, to establish the origin of the breakdown and therefore the possible responsibilities incurred.
Having an E85 conversion kit installed on your vehicle can therefore be a source of difficulty in terms of warranty. Better to have it in mind before taking the plunge. And do not tempt the devil on engines which, without being converted, encounter reliability problems like the 1.2 PureTech (PSA and Opel) or the old 1.2 TCe at Nissan and Renault.
