I just returned from the SEMA show so this is my first opportunity to have read this thread and provide a response.
I have been aware of Matt McDonald’s (driverno8) situation since about April or May of this year. I have been in communication with him about the details of his problem as have other members of our staff here. As with any situation that involves a failure on a vehicle that has our products installed, we were concerned about the cause of failure from the beginning. Before I say anything else, I will say that Mr. McDonald provides some statements in his posts that he claims I said to him verbally that are simply not true. I am always very careful about what I say and how I say it, and I believe that he has taken my words out of context or has simply misunderstood what was really said.
First I need to clarify the nature of Banks products for these trucks because there has been some confusion in this thread. We offer two different products for the late model Dodge trucks. Our Stinger system includes airflow components and an electronic module to calibrate the fuel to match the improvements in airflow. This product is designed for people that tow with their vehicles and is somewhat conservative in nature from that perspective. It is always sold as a system with the intent that it will provide a reasonable power enhancement within the vehicle’s capability when used within the vehicle manufacturer’s recommendations.
Our other product for the late model Dodge is in our High Performance/Racing line and is called the Six-Gun. The Six-Gun Diesel Tuner is a product that can be used as a stand-alone item or in conjunction with airflow enhancements. The Six-Gun is designed with safety features including exhaust temperature limiting control (reduction of fuel delivery when EGT reaches a maximum value) and features that will protect the engine from damage if something were to fail in the circuitry of the Six-Gun. It is a versatile product that can be used for high-performance applications such as racing. As such, it is sold with a disclaimer that is found in the installation manual. This disclaimer is located in the front of the manual and gives the user clear warnings about the use of this product. It also gives the user the opportunity to return the product if he does not agree to the conditions. The user accepts the terms of the disclaimer by installing the product. Here is the disclaimer in part:
THIS IS A HIGH PERFORMANCE PRODUCT. USE AT YOUR OWN RISK.
Do not use this product until you have carefully read the following agreement. This sets forth the terms and conditions for the use of this product. The installation of this product indicates that the BUYER has read and understands this agreement and accepts its terms and conditions.
DISCLAIMER OF LIABILITY
Gale Banks Engineering Inc. , and its distributors, employees, and dealers (hereafter “SELLER”) shall in no way be responsible for the product’s proper use and service. The BUYER hereby waives all liability claims. The BUYER acknowledges that he/she is not relying on the SELLER’s skill or judgment to select or furnish goods suitable for any particular purpose and that there are no liabilities which extended beyond the description on the face hereof and the BUYER hereby waives all remedies or liabilities, expressed or implied, arising by law or otherwise, (including without any obligations of the SELLER with respect to fitness, merchantability, and consequential damages) whether or not occasioned by the SELLER’s negligence. The BUYER is responsible to fully understand the capability and limitations of his/her vehicle according to manufacturer specifications and agrees to hold the SELLER harmless from any damage resulting from the failure to adhere to such specifications. The SELLER disclaims any warranty and expressly disclaims any liability for personal injury or damages. The BUYER acknowledges and agrees that the disclaimer of any liability for personal injury is a material term for this agreement and the BUYER agrees to indemnify the SELLER and to hold the SELLER harmless from any claim related to the item of the equipment purchased. Under no circumstances will the SELLER be liable for any damages or expenses by reason of the use or sale of any such equipment. The BUYER is responsible to obey all applicable federal, state, and local laws, statutes, and ordinances when operating his/her vehicle, and the BUYER agrees to hold SELLER harmless from any
violation thereof. The SELLER assumes no liability regarding the improper installation or misapplication of its products. It is the installer’s responsibility to check for proper installation and if in doubt, contact the manufacturer. The BUYER is solely responsible for all warranty issues from the automotive manufacturer.
IN THE EVENT THAT THE BUYER DOES NOT AGREE WITH THIS AGREEMENT: THE BUYER MAY PROMPTLY RETURN THIS PRODUCT, IN A NEW AND UNUSED CONDITION, WITH A DATED PROOF OF PURCHASE, TO THE PLACE OF PURCHASE WITHIN THIRTY (30) DAYS FROM DATE OF PURCHASE FOR A FULL REFUND. THE INSTALLATION OF THIS PRODUCT INDICATES THAT THE BUYER HAS READ AND UNDERSTANDS THIS AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS.
Why do we include a disclaimer like this with our Six-Gun product? Because the Six-Gun is designed to meet the needs of those that want to race their trucks. As such, it can be used in a manner that is not recommended by the vehicle manufacturer. It can also be purchased and used without the added installation of airflow enhancement. The disclaimer explains all of this and places the responsibility for the use of the product in the users hands. We understand that diesel trucks are versatile, and some people will race with their vehicles occasionally and tow with them at other times. For this reason, we recommend that the Six-Gun be set at one of the lower settings for towing purposes. This is not uncommon among products of this nature. Even with all that being said, we have had a tremendously successful track record with the Cummins Six-Gun. There are thousands out in the field that are running flawlessly accumulating many trouble free miles.
Mr. McDonald purchased a Six-Gun and installed it himself. By doing so, he accepted the terms of the disclaimer. Mr. McDonald has stated in his posts here that he drives his vehicle very hard, and this fact was verified by our technicians who worked on his vehicle. Upon review of the notes taken at the time that his vehicle was here for service, it was discovered that the retaining tab on the cam position sensor was broken during the installation of the Six-Gun. This would result in the possibility of a poor or broken connection at that location, and was almost certainly the source of Mr. McDonald’s intermittent problems prior to his engine failure, including his incident on the freeway.
When Mr. McDonald experienced his engine failure, he did contact our Technical Service Department. Because of the severity of his situation, I was made aware of the facts of his case. It was of great importance to us to determine whether or not our product could have in any way contributed to his failure. After reviewing the facts, it became evident to us that the Six-Gun could not have caused the failure, partially because the Six-Gun fuels all six cylinders equally, and the damage to Mr. McDonald’s engine was not common to all six cylinders. Mr. McDonald was informed both verbally and in writing that this was our position.
Now for a few words about warranty. Regardless of the type of product that is used or how it is used, the simple presence of an aftermarket product does not in and of itself void the factory warranty. Read the Owner’s Manual that came with your vehicle carefully and you will see that there is no provision for voiding a warranty. Dodge can certainly deny warranty repairs for damage that is CAUSED BY an aftermarket product, but there should always be an identifiable cause of failure for such a denial to occur. When a Dodge dealer is unwilling to provide such information, it is my advice to a consumer to obtain verification of the cause of the failure to have knowledge with which to proceed. If the cause of failure is determined to be the result of the use of the aftermarket product, then Dodge should not be held responsible, but if the cause is not related to the aftermarket product, then the repair should be covered under warranty. Sometimes these types of issues can be resolved by returning to the dealer with solid information and sometimes more effort is required. We always endeavor to assist our customers by communicating either verbally or in writing when our product is being blamed for a failure that is unrelated to its use.
The Six-Gun is designed with safety features including exhaust temperature limiting control (reduction of fuel delivery when EGT reaches a maximum value) but this does not have any bearing when something unrelated to the Six-Gun fails. The Six-Gun also has features designed in that will protect the engine from damage if something were to fail in the circuitry of the Six-Gun. But we cannot protect against intermittent electrical connections that are the result of damage done during installation. We are always willing to help within reason, but we have no control over how a customer might drive his vehicle, and therefore we place the responsibility for such use in the consumers hands when we sell him a racing product. We have had a tremendously successful track record with the Cummins Six-Gun. There are thousands out in the field that are running flawlessly accumulating many trouble free miles. It is unfortunate that Mr. McDonald had a problem with his truck, but based on a complete review of the facts, it is our opinion that his problems are unrelated to the use of the Six-Gun.