Hi Antoine,
Given that you purchased the car from a business (car dealer) after 2011/2, you will come under the protection of the
Australian Consumer Law ("ACL").
Under the ACL, there are statutory guarantees (sometimes known as consumer guarantees) implied into every contract between a consumer (yourself) and a company (the car dealership). The relevant guarantees in your case are (ACL s 54):
- Car is of acceptable quality;
- Car is free from defects; and
- Car satisfies durability standards.
For a new car, you would expect that you would not need to replace the battery or do extra servicing within the first few years, definitely not within the first year. Hence, it would appear the dealer has breached these implied guarantees and would be liable to pay for any repairs or refund. I would recommend getting a quote by going to a few mechanics and asking how long they would expect the battery to last for in new cars. Getting the advice of other dealers would also help. This is so you have a better idea of what is a reasonable time frame for the durability standard.
If the dealer is still not willing to assist you, you can contact the
Australian Competition and Consumer Commission (department that looks after the ACL) and
lodge a complaint. In most cases, they are able to assist in the resolution of such disputes.
If you want further information, take a look at these links:
- Warranties in general:
http://www.accc.gov.au/consumers/consumer-rights-guarantees/warranties
- Statutory guarantees under ACL:
http://www.accc.gov.au/business/treating-customers-fairly/consumers-rights-obligations
