Problems with your car?
When the warranty on your car expires, there is usually a complete denial of any responsibility by the car dealer or the car manufacturer for any problems that subsequently arise, however the position is not that cut and dried. Under the Australian Consumer Law Act of 2010 (contained in Schedule 2 of the Competition and Consumer Act of 2010 (Cth)) certain consumer guarantees and rights to repair, replacement or refund are provided. Your rights under the Australian Consumer Law can be more extensive than those set out in a new car warranty.
The Australian Consumer Law applies to cars first sold in Australia after the 1st of January 2011 that were acquired for an amount under the sum of $40,000.00, or for personal use, or for use principally in the transport of goods on public roads.
The guarantees under Australian Consumer Law however do not apply to a vehicle that is brought from a private seller when the vehicle is not sold in the course of that seller’s business. The vehicle must be supplied in “trade and commerce”.
Section 54(2) of the Australian Consumer Law requires goods to be of acceptable quality which is defined as being:
(a) Fit for all the purposes for which goods of that kind are commonly supplied;
(b) Acceptable in appearance and finish;
(c) Free from defects;
(d) Safe; and
that a reasonable consumer fully acquainted with the state and condition of the goods (including any hidden defects of the goods) would regard as acceptable.
In a practical sense, this raises the strong argument that if a component of a car would be expected by a reasonable consumer to last for the lifetime of the car, then the manufacturer will be giving a statutory guarantee that such a part will be free from defects and are durable for its lifetime. As such, it is important to look at what component has failed. Some components will clearly have a limited life. Other components however, are intrinsic to the vehicle and may well extend beyond the warranty period.
As such, if you get a problem with your vehicle that is rejected under the manufacturer’s warranty, give careful thought to whether you still may have a claim against the car manufacturer.
If you require any assistance with such a matter, or indeed any Consumer Law issue, please do not hesitate to contact us on 07 5598 3266 or firstname.lastname@example.org