QLD Questions Regarding Statutory Used Car Warranty?

Discussion in 'Australian Consumer Law Forum' started by epoch80, 29 November 2018.

  1. epoch80

    epoch80 Member

    29 November 2018
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    I have recently purchased a 2012 model car. With 100,500 klm from a used car dealer in Queensland.

    I had a independent mechanical inspection done on the car a few days after I purchased it. Circumstances did not allow me to get one done before I purchased.

    They found a noisy front left wheel bearing, a soft and splitting engine mount and a broken exhaust shield under the car that causes it to rattle. I have also noticed that the aircon is barley adequate and not the 'freezing cold air con' that was stated in the advertisement for the car.

    I have been unable to find the dealer in the MTAQ Member search.

    I have emailed the car dealer via the email they gave me for warranty claims. I simply stated I was seeking their response to the issues found by the independent assessment. They have replied with below. This is my first used car warranty enquiry, so I am just seeking input regarding:

    1. Their stating I might need to pay for their inspection costs if no problems are found by their inspector.

    2. Their continual eluding to the safety certification standards, my understanding is that your statutory warranty will cover most defects. Your vehicle has a defect if a part:

    • does not do what it is supposed to do
    • has worn out so much that it no longer works

    and whether it passes safety certification standards is irrelevant.

    3. Their dismissal of my exhaust shield problem due to it not being part of the safety certification process.

    I have a copy of the original gumtree ad posting. It states a 2013 (Model & Make) MY13 for sale, but the car actually has a build date of July 2012 and was compiled in 2013. The Carsales ad also states build date March 2013, Compliance date March 2013, but the build date is July 2012 on the plate on the car.

    The manila folder they gave me with the car info after sale also has 2012 written on the front of it, so they were clearly aware it was 2012 build date. Their ad also clearly states 'freezing cold air con', which it is not. The ad also stated 99,*** klm when first posted and when I inspected the car it was at 100,500 approx 2 weeks later.

    Copy of Dealer Response:

    Thank you for your email of concern with respect to your recently purchased 2013 (Removed Car Make) from (Removed Dealers Name). Whilst I can appreciate that you have had an independent mechanical inspection on your vehicle after you purchased it, the normal occurrence is that vehicles are inspected pre-purchase to avoid such concerns.

    I would also like to point out that your vehicle has been fully fleet serviced by the (removed make) dealership since purchased new under the fleet care programme which would, therefore, make it highly unlikely that the vehicle is outside the permissible standards of safety certification. I would also like to put forth that your vehicle has only recently been certified by an independent QLD Transport approved safety certifier and further tested and inspected by our dealership in-house A Grade qualified contract mechanic.

    Please understand that we only sell quality used vehicles (Not New Vehicles), which in turn will always have expected fair wear and tear which does not necessarily make the vehicle unsafe in any way. We, therefore, ask within our absolute right that you please email through your independent mechanical report, and only then will we consider our next course of action with respect to your listed items.

    Please be advised that whilst we stand by our quality used vehicles without reservation, if we are to have your vehicle inspected for your reported concerns and find that the vehicle is within the permissible guidelines of the safety certification standards with all items performing their intended function, you may be charged for the re-inspection of your vehicle.

    On the other hand, if your wheel bearing, engine mount or air conditioning is found to be outside the safety certification standard, or can not be reasonably relied upon to perform their intended functions, we will happily have such concerns rectified for you under the dealer statutory warranty as governed by the Motor Dealer And Chattel Auctioneers Act 2014. Please be advised that the heat shield does not form apart of the safety certification process and as such will not be considered. We hereby await your qualified independent mechanical report.

    End Dealer's Response

    I have forwarded them the copy of independent mechanics report as requested and am awaiting their reply.

    I am just seeking clarification regarding my rights and responsibilities in the warranty claim process under Australian Consumer Law.

    The engine has also developed a ticking sound that I would like to add to the things to be checked.

    I like the car and would like to keep it, just feel if I am entitled to get these issues fixed under warranty, I would like them fixed.

    Appreciate your time reading this long post and any feedback you can offer.

    Below is the most recent response from the dealer after I forwarded him the independent mechanic's report as requested. I am getting a second inspection done from a third party in 2 days.

    Thank you for sending through the required mechanical report. We note that this is not a Safety Certification inspection report, rather a new for old vehicle comparison with somewhat inconclusive points raised with respect to the alleged wheel bearing as well as the worn engine mount.

    Nowhere does it state that these items would not meet the minimum safety certification requirements as governed by the state law and as such we have contacted the QLD Transport safety certifier and raised these alleged concerns with him.

    He has requested that the vehicle be returned to our dealership location on Wednesday the 5th of December 2018 at 10am so that these items can be re-inspected to conclusively confirm their safety status. You will be required to leave the vehicle with us for the day and have it collected by 4pm that same afternoon unless advised otherwise on the day, so please make alternate transportation arrangements for that day.

    Whilst the vehicle is in our possession, we will also have our car air conditioning contractor inspect your vehicles air conditioning system for its operation. Once the vehicle has been fully inspected, we will email through to you a report of their findings as well as any other instructions should any repairs be required.

    Please confirm via return email that you will have the vehicle delivered to us as requested on the date and time above so that we too can confirm with all involved on our end.

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