I bet there is. On the vosa. On all vosa’s it says words to the affect of vehicle is for commercial purposes therefore the CGA doesn’t apply. You then cross that out if its for private use. You take it to MVDT. And all they will ask is -was it primeraly used for commercial purposes. ? But also as Ive outlined . Paint failure after 6 years is often now the vehicle has been treated paint wise
saxman99,
Mar 28, 3:41am
I have a 2004 vehicle here with paint that still looks new. It lives outside and has done 140k.
8 years for paint failure on a vehicle that is looked-after is wholly unacceptable.
vivac,
Mar 28, 7:46am
I have owned a few cars, the paint has peeled of none of them. 15 year old Hilux, no paint falling off it. 30 year old nissan, no paint falling off it. 20 year old levin, no paint falling off it. 15 year old mercedes AMG, no paint falling off it.
If the paint started peeling off any of these cars i would be annoyed but realise they are old now and sort it out. In the Citroen paint case above it was shown the paint was defective from the factory, yes they should have to fix. As stated by the car repairer, 10 years should be a reasonable minimum for paint to stick to a car.
vivac,
Mar 28, 7:55am
I have the VOSA in from of me. Yes it states that you are out of the CGA, but it does not state you are out of the Sale of Goods Act (which would have been the appropriate Act at the time). The link i posted above to the consumer protection govt site shows they would need to have added a "No other warranties either express or implied by law are made with respect to these products.” clause in there to get out SOGA, there is no such clause on my VOSA. I believe this leaves it open to challenge under "reasonable durability" of the SOGA. Do you think this is a reasonable angle?
gabbysnana,
Mar 28, 8:27am
you have cause, if you Google the act you will find an opinion piece by a waikato law professor who sets out the applicable law.
nesta129,
Mar 28, 8:37am
I am thinking the roof has been resprayed (yes it does happen on brand new cars due to paint defects from factory that's recognised when the car reaches the dealership) and the job was poorly done thus the paint flaking off.Double check with an automotive painter as they got the eyes to see the difference in paintjob,overspray etc. .Also google that model of Caddy you have and see if it is a common problem with them.Then ask the dealer about it and go from there
vivac,
Mar 28, 10:50am
Got a link or a name perchance? Alot of stuff pops up on the old googlator.
vivac,
Mar 28, 10:51am
Will be seeing a professional painter to get it all assessed at some point. Thanks
intrade,
Mar 28, 10:57am
contract out is automatic if it was registered for trade under a company = automatic no cga apply. if its regod to a person non company you could get cga. provided you did not claim the gst as lawyers will turn over every stone to not pay
kazbanz,
Mar 29, 6:03am
As far as I'm aware the CGA is the law that applies to paint issues. But should you decide to pursue the matter under SOGA then 6 years is long enough for the question as to what has been done to the vehicle in that 6 years to be raised. The next question has to be. "at what point does the owner of a vehicle accept responsibility ? "
1
curlcrown,
Mar 29, 6:37am
Whenever people come here to ask for advice some of us give our honest opinion, some of us based on practical experance. Sometimes giving good advice involves being told something you don't want to hear. We coud sugar coat it and tell you what you want to hear to make you feel better but that would ot be helping you ultimatly. Of course it is your right to go to the tribunal, but I still think you don't have a strong caes, but who knows what could happen. I still strongly suggest you ask them to look after you on the cost of gettung the roof painted, it might cost you much less than what you think, some people, sometimes supported by what others say on this message board think that painting the roof would be a very expencive job it is not.
alowishes,
Mar 29, 9:06am
Exactly!
mopsy3,
Mar 29, 9:43am
I had a Falcon in Shockwave blue that the paint started peeling off. I approached Ford and turns out they knew it was an issue and had the whole car resprayed out of warranty. Approach your dealer, you never know what they will confess to knowing.
kazbanz,
Mar 29, 9:51am
--You do realise its VAG group we are talking about right?
vivac,
Mar 29, 12:41pm
Thats why im here, advice and to use as a sounding board for questions on the matter. Some have said, not a chance, fair enough, ill still hit them up about it before resigning to not a chance. Others have said, should be dealer sorted, also fine, having examples of wins in this or similar matters as linked to above might make me push the dealer a bit harder if i can show we do have a fair point. Im asking for all advice and taking it on board, if its a no all around and the dealer says no ill likely swallow that pill, bleet about it online for a while then get over it and move on.
vivac,
Mar 29, 12:44pm
Yes fair point, but also realistically for a well looked after car, when do you expect that you would have to repaint it? I have owned many cars, this is the first one i have ever purchased brand new (also first VAG, so that in itself might be the issue), alot have lived outside and none have ever had paint peel off them, not even a clearcoat which i have seen on older cars.
kazbanz,
Mar 30, 5:55am
Lets be clear- I have ZERO skin in the new car game. I'd love to see you stick it to "the man" So im explaining what to expect and covering off the legal stuff. Unfortunately I feel you are asking the wrong question. The question that will be raised is. "at what point in time does a vehicle owner accept responsibility for the vehicle ?"
absolute_detail,
Mar 30, 8:30am
Any rust in the roof you can find? It will still be under warranty for rust so if you can find any get them to fix it and paint the roof at the same time
vivac,
Mar 30, 1:20pm
I am aware you are a dealer and im also aware you give out lots of good advice on here. I know you are just pointing out what they will come back with too, which is actually very constructive as it gets me thinking about it too. Its hard to pin down exactly when a car owner should be taking responsibility as there is an expectation of some kind of durability as well. I guess the counter question i would ask is "is it reasonable to expect to repaint a vehicle every six years?", in my eyes, and not just because im in this situation, no, i would expect well looked after paintwork to last well into the 20 year mark as with my experience over all of the vehicles i have owned, but potentially would be more of an ownership issue after 10.
vivac,
Mar 30, 1:21pm
It looks to be leaving the primer coat, so no corrosion, and only the colour coat is peeling off.
vivac,
Aug 18, 8:48am
VW went for it service today. Talking to the service manager he needed a guy from a specialist euro painter to do a report and take some measurements or something that wasnt available today. But it sounds like they will get some testing done and send the report of to VW Germany with a claim. It turns out there is a 10 year warrantee on the paintwork, so this shouldnt be a problem, but we will see i guess.
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