Originally Posted by
Brian Hjelm
Sorry, but fair wear and tear does not constitute failure. Ask any Service or Warranty Manager. The item has performed as required for a reasonable time or distance and is now worn out. The Sale of Goods Act covers goods that are not fit for the intended purpose and this was often the best means of taking action against car dealers who would hide behind the Motor Dealers Act. IMHO if the item has been in service for 7 years and 75,000 k's then it has performed its intended purpose quite satisfactorily.
I used to sell heavy plant and in a 24/7 operation like mines and quarries, often an in-frame engine overhaul would be performed within the 2 year extended warranty period (Normal warranty was 1 year). There was never any suggestion that this was a warranty matter. Some clients put upwards of 10,000 hours on plant in this time frame.