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Statutory Warranty Question - Defective vehicle


Bassman60
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I recently purchased my Aurion (2011 but only 40,000k on the clock and meant to be an ex QPS staff car) from a licenced dealership.  The three months is not yet up, and I have problems with the front brake rotors which we discovered, on the first service, are warped and need to be replaced.  I have done 3,500k only since I bought it, and it was not due for service until 45,000k, but I serviced it early because it had been 12 months since the last log book service.   Also, the air-conditioning has failed, and it is not a simple gas problem, but something more sinister, most likely a compressor,  and the auto electrics mechanic has suggested that it could run up to over $1,000 to fix it.   I rang the dealership where I bought the car  and he told me to go to hell.  He also rang my auto electrician. 

"I am unavailable for any contact until the 14 th November.

 I have contacted the said number you gave me and told them under no circumstances perform any work of any kind at any expense thinking that I was going to pay."  (Quote)

 

 Since this dealer is in Geebung, and right up in Basalt Street which is a long drive because I live in the country south of Brisbane, I have had it assessed by my own licenced mechanic.  He has proven to be very honest, reliable and thorough in his work on my previous cars.  (We have a long history with this auto electrician.)  The statutory warranty runs out on the 16th of November. The dealer who sold me the car says that he is going on holidays up until two days before the warranty runs out, and will be unavailable.  His business is still open, and he employs mechanics and his son is the one who actually sold me the car.   He refuses to allow me to talk to his son about the problem.    He has left instructions for no one else to answer my calls or give permission to carry out required work.   He said that the warranty does not cover the air-conditioning or the brake rotors, but I have checked the exclusions,  and can find this nowhere on the paperwork. 

***   Page 3 of the Motor dealers and chattels auctioneers Form 12 part 6 - Statutory Warranty. 

Whereby the form clearly states under the section titled

The statutory warranty covers

(b) defects in the vehicle reported during the warranty period will be repaired by the warrantor free of charge

(*A warranted vehicle has a defect if a part of the vehicle does not perform it's intended function OR has deteriorated to an extent where it can no longer be relied on to perform it's intended function.)

 Furthermore,  I start a new job on Tuesday which will see me driving the car for many hours of the day, five days a week, and will also include me driving clients around. (with warped rotors and no aircon)  When I told the dealership, he said, "So?  You can still drive the car.  You'll just be hot.  It won't kill you."

Can someone shed some light on what are the next steps I should take to resolve this matter?   I was of the opinion that a licensed dealer had to stand by the statutory Queensland Government 90 day warranty, and I can see nowhere that it excludes air conditioning or brake rotors that were clearly defective when I purchased the car.  He also told me that it was a staff car, but the auto electrician has revealed that this car was previously wired for the flashing lights. 

 

Any help would be greatly appreciated because I have cancer and I suffer in the heat.  

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I'll bet your car is an ex marked/unmarked patrol car is it white? The dealer probably bought it from Manhiem auctions I saw quite a few there all Sportivo's when I was looking for mine.

Don't buy anything ex police they might be serviced according to the book but they are one owner and 100 drivers. Being ex Fire service I've seen them just sit around idling at MVA's for hours and hours in between getting thrashed around.

I don't like your chances on the brakes, AC as above Office of fair trading https://www.qld.gov.au/law/fair-trading/

I'd sell it when you get it fixed. Good luck hope you get it fixed under warranty.

Keep a diary of when and who you spoke to ay.

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On 11/3/2016 at 8:11 PM, trentmeyer23 said:

I would suggest that you seek professional legal advice before the warranty expires.

My advice would be to assume the worst and act/plan accordingly. Assuming that you are prepared to proceed with legal action via Office of Fair Trading, Small Claims Tribunal etc, you will need to provide evidence that the "defects have been reported during the warranty period". Accordingly for this purpose, it may be worthwhile to engage a solicitor to send a legal letter via registered post to the dealer outlining the defects and course of events/happenings.

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I can recommend Justin @ Jack Frost Mobile A/C Service Ph.Mobile: 0467644048  Im March 2016, I located him in Gumtree to re-gas my vehicle. Suggest that you contact him and discuss.your air-conditioning problem. I believe that he will charge about $60 to give an assessment and quote of what air-conditioning repairs need to be undertaken.

Also if you are an RACQ member, contact them for assistance/advice.

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  • 2 weeks later...

I never buy from dealers.

Looks like you purchased from the typical scumbag.

Warranty exists for a reason and it's by no mean a tool for the weasel dealer to wriggle out from a genuine claim that could have been a pre existing issue band aided just to flog the car off.

Follow the advice as above and I'd also let the omdudsman know.

Please let us know how you go.

 

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