Advice needed

**strangy** · 24th January 2008, 10:45 AM

Well you will all get a chuckle from this some will fall on the floor laughing, but, when youre done perhaps some suggestions will come.

I bought a 96 Mitsubishi Pajero LWB 7 seat from some friends who were selling it cheap following a blown head gasket. It was cheap enough and after some ringing around for parts etc. decided I could fix it and make a little bit of $ from it to make it worth my while.
Laugh now.

I bought a second hand motor from a reputable supplier tested with 6 months 10,000km warranty. Installed it and ran it only to find the water pump was shot and it blew white smoke everywhere. Fixed the water pump (not covered under warranty) and explained the smoke.

6 weeks later after evaluation and checks from a good mechanic in town the supplier is reluctant to do anything. The mechanic is unsure of the problem because the supplier will not approve him to carry out further work on the motor to determine and rectify the fault. Initially the supplier said it was somehow my fault and 2 different mechanics in town made it clear to the supplier that my work was up to standard and that the motor was a pig.

I don't want anyone to tell me what the possible engine problem is....I need to know which way to go from here, do i go to consumer affairs, call a solicitor or contact media or all of the above.

Note: I have demanded a new engine, the supplier is stalling.
I want to tread carefully recognising that while we are still communicating a resolution can be reached. But I will not stand by while the supplier stalls all the way through the warranty.

Thanks in advance. Have a great Australia Day weekend

**Phoenix** · 24th January 2008, 10:58 AM

Tell him you are going to consumer affairs. if that does nothing. go to them. if they can't help, solicitor.

Media generally isn't going to help your cause.

**Blknight.aus** · 24th January 2008, 11:58 AM

consumer affairs to start with and see what comes up.

**CraigE** · 24th January 2008, 12:07 PM

I would start with consumer affairs etc as there should be some sort of implied warranty additional to the written warranty. However there are a lot of get out clauses regarding 2nd hand parts and engines, so be ware.
I have been down a similar path with Pajero engine parts. I would have thought about buying a new Mitsi motor and dropping in as they are relatively cheap.
Hope you can sort it.
Also doccument everything in a diary. If you can get the supplier to acknowledge your concerns by countersigning your list of concerns. If they wil not acknowledge or countersign doccument this as well.
Do Not give them any of the paperwork only copies.

**Bigbjorn** · 24th January 2008, 02:42 PM

Sale of Goods Act provides that goods must be of merchantable quality, fit for their intended purpose. Try that on the vendor.

**strangy** · 24th January 2008, 06:30 PM

Hi, thankyou all for the replies.
I spoke with Consumer Affairs and have also been given a report on the motor from the mechanics doing the troubleshooting.

I have just seen the supplier and presented the report and discussed "merchantable quality" case, and have asked for another engine. The response was ok and the supplier has verbally accepted that he has to deal with it by sourcing another engine. Supplier has assured he will call when he is ssuccessful.

Consumer affairs have checked over the report, bill of sale and stated warranties.
They will chase the supplier if he won't come to the party. Apparently time will be my big concern rather than losing money.

Keep you posted on the progress.

Again thanks.

**Tank** · 24th January 2008, 06:36 PM

Originally Posted by strangy

Hi, thankyou all for the replies.
I spoke with Consumer Affairs and have also been given a report on the motor from the mechanics doing the troubleshooting.

I have just seen the supplier and presented the report and discussed "merchantable quality" case, and have asked for another engine. The response was ok and the supplier has verbally accepted that he has to deal with it by sourcing another engine. Supplier has assured he will call when he is ssuccessful.

Consumer affairs have checked over the report, bill of sale and stated warranties.
They will chase the supplier if he won't come to the party. Apparently time will be my big concern rather than losing money.

Keep you posted on the progress.

Again thanks.

Why didn't you repair the Original motor, you said it only had a blown head gasket, Regards Frank.

**strangy** · 24th January 2008, 10:11 PM

Hi Tank, uh yeah, when the head gasket blew the folks drove it a little further than was fair......that is ....No4 and 2 piston melted and took segments out of their crown and the heads decided that they should take a more warped approach to life.

**JDNSW** · 25th January 2008, 06:17 AM

This sounds a familiar story - my next door neighbour bought an imported second hand motor for his Hilux - right from the start it used oil heavily (nearly as much as it did fuel). After demonstrating it the supplier agreed to replace the turbo - not much improvement. Engine removed and returned to the supplier who sent it back to their supplier - who overhauled it! (obviously on the cheap). Engine reinstalled, started knocking about 1000km later, had it towed to the supplier who removed the engine again and returned it to their supplier again, who overhauled it again. At this stage it is still going, but the owner is hardly happy about the situation, and is not game to drive it long distance.

Warning to anyone buying a second hand engine unless you know its history for sure.

John

**cucinadio** · 25th January 2008, 06:47 AM

yhea typical warranty situation!, years ago (and I'm talking years!) l brought a Suzuki sierra from a dealer on the Goldie, second hand of course.
it had a basic 30 day warranty on parts an labor and that was cool at the time! 25 days into owning the little truck, the clutch went on it, so i rang the dealer and explained what had happened, really expecting the place to honer there warranty yhea !
after some discussion they said look we cant look at it till friday, (this being the last day of the warranty ) so l took it down to them on the friday, they were flat out or so they say! and explained that if i could leave it with them over the weekend it would be ready on tues of the following week. so me being a little naive at the time said yhea sure thanks!
well l get a call on the mon saying sorry mate but we cant fix the truck as the warranty has expired

and thats when crap hit the fan and i went down to the dealer and drilled them to no ends

"not that it did any good of course "
so to cut it short after about three weeks the dealer had a lot of warranty claiming of hes own to do

due to some accidentally misplaced water balloons full of break fluid

and alls good that end's good in the end

um cheers

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