Hypothetical situation. (really it is) Ok someone buys a car froma car stealer (dealer) with 40000km on the clock Happiness filled they are and own the car for 18 months and 30000km trouble free. but then pop goes the head gasket. They rip along to their local spanner man who says $3000 to rebuild your engine propperly or we can toss a second hand one in for $1500 They opt for the second hand engine. Then they call into the stealer once the engine is fitted. They want the stealer to pay for the replacement engine but actually feel that a 3 month warranty on the engine isn't good enough. So who pays and how much in this situation!
a.woodrow,
Sep 1, 8:57am
Owner pays, as they didn't give dealer opportunity to remedy the fault
jmma,
Sep 1, 9:03am
18 months, 30,000kmsend of story!
pge,
Sep 1, 9:03am
They have had eighteen months to make a claim against the dealer.
Tell them to indulge in some conjoined sex and travel.
quater,
Sep 1, 9:04am
30,000km trouble free motoring. I would say the engine was a good one.
bitsy_boffin,
Sep 1, 9:17am
As with woodrow, they didn't give the dealer the opportunity to resolve the issue.
Even if we just accept for the moment that it would be a valid CGA claim (and it's a long draw of the bow for sure), then it is the dealer's choice to repair, replace or refund, not the consumers, in having the fault dealt with by another place, and by replacing the engine, they denied the dealer their rights.
Dealer should politely decline to assist.
clark20,
Sep 1, 9:33am
Not the dealers fault, a lot can hapen in 30,000km
morrisman1,
Sep 1, 9:33am
I agree with all of the above. They didn't follow the correct procedure to allow the dealer to rectify the problem, however 30,000km is sufficient for a bit of neglect and consequential engine damage so if I was the dealer Id be wanting them to pay for a mechanic's opinion on why the head gasket blew and if it comes back as a fault with the engine itself and not neglect and I chose to repair it for them, Id also cover the inspection costs.
mrfxit,
Sep 1, 9:45am
#1: Polity of course
saxman99,
Sep 1, 9:51am
Assuming the service program was followed correctly then the company that built the car should pay. 70,000kM is peanuts and they should flaming well supply a NEW car.
(I realise I've got more chance of curing cancer, AIDS, the common cold and discovering life on Neptune, but it's the truth all the same. )
a.woodrow,
Sep 1, 9:54am
Not really enough info to make that call. we could be talking about a 15 year old car only driven to the shops and church by an old lady to rack up 40k, why should the manufacturer pay for it!
paul271,
Sep 1, 9:58am
As the owner of a workshop, if someone came to me with a blown engine and told me they were going to take the bill back to the dealer, I would tell them that they were dreaming. I would suspect that the head gasket failed for a reason, ie waterpump, cracked header tank, leaking hose. Therefore the owner drove it with no water in, causing it to overheat and cook itself. They need to take some responsibilty for their own issue.
woki,
Sep 1, 9:58am
Morally you shouldnt worry after 18 months 30000kms . They could claim against the dealer using CGA if the salesman stated that they will get tears of trouble free motoring (blah blah). However if they are or were good clients and you have a good repoire with them it could be a good chance to go over and above and invest in selling them their next car . Offer to trade the car and put them in another ! you are a car dealer get out there and sell sell sell !
msigg,
Sep 1, 10:22am
jmma is correct.
chip8,
Sep 1, 10:30am
Talk to the Treaty of Waitangi office.
oemaudio,
Sep 1, 11:13am
Hypothetically the dealer would be a member of a Motor Trade Association and ring them to get advice.
sw20,
Sep 1, 12:32pm
On what! When their fees are next due!
kiwitrader43,
Sep 1, 9:23pm
Buy a secondhand car and get the dealer to replace thermostat, all fan/drive belts, radiator cap and radiator hoses as a condition of sale. These are the items that usuall fail on a lot of pre owned cars. Thermostats on imported that may have been sitting for a while. 30000kms pretty good run. How much servicing and what kind of driving.
markthesparky,
Sep 2, 4:24am
how old is the car, sholdl be under manufactures warrentee I dont know bout the $1500 though , must have at least 100000 k's on it. at that price
robotnik,
Sep 2, 4:36am
18 months and 30,000 kms may mean the car was not of acceptable quality under the CGA. Whilst this was a used car that had already done 40,000kms, it would not be OK for a new car. If the consumer took the dealer to court, he would probably get awarded at least some money I bet.
a.woodrow,
Sep 2, 6:29am
Not enough info, OP hasn't said how old the car is, could be 10, 15 years old even.
kazbanz,
Sep 2, 6:40am
10 year old car. sold with 40k engine pops at 70k
a.woodrow,
Sep 2, 6:50am
There you go, no reason the manufacturer should pay out on a 10 year old car. 30k is a long time, I don't think the owner could argue it wasn't fit for the purpose. In any case, as I said at the beginning, for any cover they needed to go to the dealer first. as they haven't, tough bikkies. I guess the real question would be, is the customer going to buy off you again if you help out - and is it worth retaining their custom (and at what price!)
gunhand,
Sep 2, 7:26am
18 months later!Geez all you could have to prove is that tthey didnt do an oil change or something else that was required/specified by the manufacture and it should get thrown out of court or whatever. How the hell can anyone prove what a car has been put through in 18 months of driving. Geez coulda been a drag raced every second Sunday for Gods sake. The problem is soome do gooder judge or whatever will decide its just not good enough and dealers should be responsable for all manner of things years down the track and "bam" every person with a niggle in there car will be lined up at the dealer. New car, one owner, whole new kettle of fish but 10 years old and 2 owners, I think not, or at least hope not.Trouble is people try this shit on and get away with it. Ask for service record and prove it was never run out of water or whatever then tell them to go for a long walk.l,
kdcentralni,
Sep 2, 7:32am
Don't say a word and if it goes to small claims or court attend if you loose you loose and if you don't well you didn't loose.
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