solmanic
11th February 2013, 02:08 PM
This old chestnut comes up from time to time. I am currently at war with Landrover regarding rejection of a warranty claim for corrosion repairs on my Defender under the six year corrosion warranty.
The vehicle has been being regularly serviced, including the annual corrosion inspections, by MR Automotive who, like just about everybody else, believe that servicing can be carried out by any non-authorised service centre as long as it is done according to the service schedule and any repairs are done with genuine parts. Searching through past threads there are plenty of circumstantial references to this fact, but I can't see where anyone has been able to back it up with legislation.
Below is the only thing I could easily find on-line - a section of ACCC Consumer Express Newsletter (Issue 1445-9671, April 2005):
· New vehicle warranty
Where a problem arises with the vehicle that is covered under the warranty, the vehicle should be taken to the dealer for repair. These repairs should be done free of charge under the warranty.
· New and used vehicle servicing
In relation to general servicing, motor vehicle dealers are entitled to insist that any servicing performed on cars they sell is carried out by qualified staff, according to the manufacturer's specifications, and using genuine or appropriate quality parts where required. Provided these conditions are met, regardless of where you choose to get your car serviced, your warranty will remain intact. So shop smart and shop around.
· Qualified staff
Qualified staff is a party or parties, other than an 'authorised dealer', who is capable of performing car servicing. Some servicing venues display qualification certificates, but if you're not sure the staff are qualified, just ask.
· Manufacturer's specifications
If an independent agent implies that it can perform general car servicing to manufacturer's specifications and does not perform that function satisfactorily, then you have rights and remedies against the agent regardless of whether the agent has factory qualifications or not.
· Genuine or appropriate quality parts
The issue here is not who manufactured the part/s, it is whether the part/s are fit or appropriate for the purpose intended. If a part is non-genuine, but is interchangeable with the genuine part, it could be seen as being fit or appropriate for the purpose and would therefore not void the manufacturer's warranty. However, it must also be noted that should the part/s installed fail or not perform satisfactorily, the consumer then has rights against the fitter and/or manufacturer of those replacement parts. If the non-genuine part fails, and causes some other damage to the vehicle, the dealer and vehicle manufacturer will not be liable for damage caused by the failure of that part.
Thus, provided consumers do research and ensure that wherever they take a vehicle for servicing, the staff are qualified and all other provisions above are met, the warranty will be safely intact for the warranty period.
I am keen to know if anyone else has had any warranty claims (mechanical or corrosion related) rejected due to non-authorised servicing.
The vehicle has been being regularly serviced, including the annual corrosion inspections, by MR Automotive who, like just about everybody else, believe that servicing can be carried out by any non-authorised service centre as long as it is done according to the service schedule and any repairs are done with genuine parts. Searching through past threads there are plenty of circumstantial references to this fact, but I can't see where anyone has been able to back it up with legislation.
Below is the only thing I could easily find on-line - a section of ACCC Consumer Express Newsletter (Issue 1445-9671, April 2005):
· New vehicle warranty
Where a problem arises with the vehicle that is covered under the warranty, the vehicle should be taken to the dealer for repair. These repairs should be done free of charge under the warranty.
· New and used vehicle servicing
In relation to general servicing, motor vehicle dealers are entitled to insist that any servicing performed on cars they sell is carried out by qualified staff, according to the manufacturer's specifications, and using genuine or appropriate quality parts where required. Provided these conditions are met, regardless of where you choose to get your car serviced, your warranty will remain intact. So shop smart and shop around.
· Qualified staff
Qualified staff is a party or parties, other than an 'authorised dealer', who is capable of performing car servicing. Some servicing venues display qualification certificates, but if you're not sure the staff are qualified, just ask.
· Manufacturer's specifications
If an independent agent implies that it can perform general car servicing to manufacturer's specifications and does not perform that function satisfactorily, then you have rights and remedies against the agent regardless of whether the agent has factory qualifications or not.
· Genuine or appropriate quality parts
The issue here is not who manufactured the part/s, it is whether the part/s are fit or appropriate for the purpose intended. If a part is non-genuine, but is interchangeable with the genuine part, it could be seen as being fit or appropriate for the purpose and would therefore not void the manufacturer's warranty. However, it must also be noted that should the part/s installed fail or not perform satisfactorily, the consumer then has rights against the fitter and/or manufacturer of those replacement parts. If the non-genuine part fails, and causes some other damage to the vehicle, the dealer and vehicle manufacturer will not be liable for damage caused by the failure of that part.
Thus, provided consumers do research and ensure that wherever they take a vehicle for servicing, the staff are qualified and all other provisions above are met, the warranty will be safely intact for the warranty period.
I am keen to know if anyone else has had any warranty claims (mechanical or corrosion related) rejected due to non-authorised servicing.