QLD Dealer not honouring Warranty

Discussion in 'Australian Consumer Law Forum' started by glynrp44, 16 April 2018.

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  1. glynrp44

    glynrp44 Member

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    Hi ... In February 2016 my partner entered into a novated lease agreement through her employers for a 2016 Hyundai Accent Sedan .. In December 2016 the car overheated on the return leg of a trip to Brisbane from the Gold Coast...The vehicle was still running when she pulled into our driveway. I didn't get a chance to inspect the vehicle till the following morning and discovered the radiator cap missing and coolant sprayed around engine bay ... As the car had been running when she returned home I went to a local parts shop got a replacement cap and specified coolant so as to enable us to return the vehicle to the dealer to ascertain why it had overheated, but the car wouldn't start it would turn over but not start... Arranged a tow truck to return vehicle to dealer .. Since then we have been fighting with Hyundai Australia through Fair Trading Queensland to have repairs done under warranty... Hyundai Australia says the dealer found the radiator cap in the engine bay and had it tested and it was holding pressure therefore they say it was removed in their words by "External Forces" and therefore the dealer is not in any way at fault and they will not honour any repairs under warranty which amount to a complete engine replacement costing $12,400 ... Have we any options to pursue a warranty claim ??
     
  2. Rob Legat - SBPL

    LawTap Verified Lawyer

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    If the radiator cap was removed, then I don't think your warranty will cover you. If you maintain that it came off by itself then:

    (a) I suggest you get an expert to back up that claim; and
    (b) Consider what actions were taken when it was discovered that the engine was overheating. It may have been unreasonable to keep driving it, and doing so may have contributed to the damage to the engine.
     
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  3. Homer jay

    Homer jay Well-Known Member

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    Driving the car while it was overheating might cause a problem with the Warranty
     
  4. Clancy

    Clancy Well-Known Member

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    I once had a wheel fall off my car because a mechanic forgot to tighten the nuts. But i could not prove it was their fault, so law says it was tough sh-t for me. Likewise a service mechanic may not have put the radiator cap back on properly for you - so, law says tough sh-t for you.
     
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