QLD Mazda CX-9 AWD 2008-2015 Design Defect - Obligations

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ionyssamazda

Member
3 March 2021
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Hi Kleva2, ours is a 2013. The issue applies to all the 2009 to 2015 AWD variants. My researched showed that this series was outsourced to Ford to design and manufacturer (with Mazda oversight) and re-branded Mazda. The Transfer Case in particular is completely not fit for purpose (hence why it fails Australian Consumer Law guarantees), a) the oil content is too low for a vehicle of this weight, b) there is no top cap to allow easy oil replacement, c) the Transfer Case doesn't appear on the manufacturers Service Schedule, d) the position of the transfer case in the vehicle is near the exhaust pipes which increases the operating temperature and reduces longevity.
 

Kleva2

Member
23 May 2021
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So I feel like I’ve just thrown our vehicle in the bin :( I was told by the Mazda dealership in Adelaide that there was no fix that would include Mazda Australia’s involvement. For me to repair i would have to replace the whole lot, transfer case, transmission, all of it - anywhere between $15-$30k
Car is a 2009 and if I’m working condition worth $8k as a trade in so we decided it was worthless.

I feel so let down my Mazda and won’t be buying another one.
 

jmacd

Member
16 August 2021
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Another victim here with a 2010 CX-9 with a busted transfer case. Surely there must be a lawyer in AU ready to take this class action on.
 

paul007

Member
3 October 2021
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Same thing here, having the same issues with the transfer case leaking oil ... got told the same story from Mazda dealer that needs replacing (as it cannot be serviced), and at the same time the splines need to be checked. Up to $19k if has damaged gearbox.
Have contacted Mazda Australia and explained all the details that this started at around 88k mileage (vehicle was just over 6 years old at the time), but they proceeded to waste my time and in the end tell me they can't do anything.

The ACCC path might be the way to go, as the product has a major design fault (failures) which is being ignored by the manufacturer (it sounds like this is common for these models).
Might also be able to go after the dealer that sold this, as they are also obliged to call out these issues.

Found this article from ACCC:

See Table 2 (page 24) - Major and Minor Failures
Major failures - These cannot be fixed or are too difficult to fix within a reasonable time. A failure is major if:
• a reasonable consumer who was fully aware of the nature and extent of the failure would not have bought the vehicle, part or service, or
• the failure prevents the consumer from using the vehicle, part or service for the purpose that vehicles, parts or services of that kind are commonly supplied for (or for a purpose they disclosed to the supplier before purchasing), and it cannot be fixed within a reasonable time, or
• the vehicle, part or service is unsafe or creates an unsafe situation.