NSW Brand New Car Defective - Claim Compensation from BMW?

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Frank Wang

Member
21 December 2015
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Hello,

I purchased a brand new BMW X5 in April 2015 this year and registered it as Hire Car plate (HC plate). After six month of driving this car, the gear box failed. I took it back to Northshore BMW Service Center 3 times, they didn't fix the problem. The 4th time I sent it back was on 19-November-2015. They gave me a free loan car for driving. The X5 was reported un-able to start engine after re-programming. They told me they ordered a new part (Mechatronic) but need to wait 2 weeks from BMW German. Total estimate days to pick up the car will be 30 days plus.

On 17-Dec-2015, Northshore BMW rang me and said they installed new part, re-programmed the vehicle, the gear box fault still faulty. So their decision is to order a new gear box, that will take another 3 weeks. So it seems to me it will take total 60 days to fix it.

I am a Chauffer driver who relies to earn money with this X5 every day. I can't make money with the free loan car which was given (BMW 218D). Am I entitled under Australian Consumer Law to claim compensation from Northshore BMW with the business loss, car finance, and HC plate fee I paid to RMS, or request them to replace a new car?

Northshore BMW and BMW Australia has formally rejected my request.

What should I do next?