The lemon laws give you that right James. PM me if you need more info
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The lemon laws give you that right James. PM me if you need more info
What Lemon laws...we don't yet have any. We have consumer protection but so called Lemon Laws like the US has is still being considered.
See here 1nando http://www.qld.gov.au/law/laws-regul...rm/lemon-laws/
Cheers
[ame]http://www.youtube.com/watch?v=Gr6IYtWbweY[/ame]
On the 1st of January 2011 ACL (Australian Consumer Law) passed new legislation to help protect those that buy a new vehicle which is deemed to be a lemon.
Although not as tough as the USA lemon laws (where you can literally rock up and demand a refund) they are very useful to those in a position similar to what James is currently experiencing. A manufacturer is given a fair opportunity to fix a probelm , if the probelm is not fixed after multiple atempts you can demand a refund or replacement vehicle. Before everyone here starts talking s@#$t please read the ACL.
As a example the law is no different to buying a blender which is deamed to be faulty. You are entitled to a replacement or refund.
Please read and learn what your rights are as a consumer when purchasing a new vehicle or anything for that matter.
https://www.accc.gov.au/publications...n-consumer-law
Quote:
Consumer guarantees on motor vehicles
Under the ACL, there are nine consumer guarantees
that apply to new and used motor vehicles sold to a
consumer:
1. Suppliers and manufacturers guarantee that
motor vehicles are of acceptable quality
2. A supplier guarantees that motor vehicles
will be reasonably fit for any purpose the
consumer or supplier has specified
3. Suppliers and manufacturers guarantee that their
description of motor vehicles (for example, in a
catalogue or television commercial) is accurate
4. A supplier guarantees that motor vehicles will
match any sample or demonstration model
5. Suppliers and manufacturers guarantee that
motor vehicles will satisfy any extra promises –
or 'express warranties' – made about them
6. A supplier guarantees they have the right to
sell the motor vehicle (clear title), unless they
alerted the consumer before the sale that
they had ‘limited title’. Note that licensing
laws in some states or territories may require
motor car traders to guarantee clear title
7. A supplier guarantees ‘undisturbed possession’
or that no one will try to repossess or take
back motor vehicles, or prevent the consumer
using them, except in certain circumstances
8. A supplier guarantees that motor vehicles are
free of any hidden securities or charges and will
remain so, except in certain circumstances
9. Manufacturers or importers guarantee
they will take reasonable steps to make
spare parts and repair facilities available
for a reasonable time after purchase.
https://www.lawanswers.com.au/blog/l...-consumer-law/
Any major issue that can not be sorted by the manufacturer entitles you to a replacment or refund.
A major fault is deemed as anything that will stop the vehicle from doing what its intended purpose is.
I would argue that a defender being a offraod 4wd vehicle that the turbo and its hoses constantly failing make it unfit, not safe and potentially dangerous. If im in a remote area and the vehicle becomes undrivable due to turbo issues i could potentially be putting myself and anyone travelling with me in danger.
The defenders intended purpose is to "go above and beyond" in the "most capable" 4wd (LR words).....
Wont go anywhere if it constantly has turbo issues.
Land Rover are pretty good at coming to the party on warranties.Everything that fails under warranty has (in my experience and according to countless threads,here) been replaced/repaired without question.Nobody gets questioned over their modifications. A member on AULRO went to great expense to fit portals on his Defender then got his clutch and transfer case replaced under warranty.I can't imagine any issue that major that it can't be fixed. Although,I seem to recall somebody having door alignment problems,they deemed the body was out of alignment and offered the owner the choice of repairs or a new vehicle,owner took a new vehicle.This is the only forum I read,so they'll be here somewhere.I would be very surprised if any other manufacturer looks after their customers as well as Land Rover regarding warranty.
As i noted above you are referring the uniform consumer protection laws (that do away with having to rely on Sales of Goods Act and TPA legislation)...but they are NOT lemon laws. Lemon Laws are for vehicles as a separate item and offering a further layer of protection. .. and are being considered currently.
What you are correct about is that people should know their rights. I treat a manufacturer's warranty as a guide only. If i had a vehicle with a major engine fault at say 80k and 4 years i would be paying some cash into the trust account of a good solicitor (if polite persuasion failed first) and bringing proceedings if it was clearly a manufacturing or design fault.
...then again i make my living from litigation...but i do hate seeing big manufacturers pushing people around who have laid down hard earned coin.
Cheers