Friday, May 25, 2007 at 16:22
I havent had it happen to my 1KZ, BUT, I have had it happen to an 80 series diesel that was 1 week short of the expiry of the 3 months warranty, and the dealer had no choice but to wear it.
I dont know what state you are in, but in MSW if the vehicle is less than 10 years of age and has less than 160,000k on it, then the dealer has to supply a warranty of 3 months or 5000K. That warranty covers all mechanical defects etc etc, but not things like brake pads, wipers, bulbs etc etc.
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Extracted from NSW Dept Fair Trading Website re 2nd hand vehicles warranty
Second-hand vehicles
The Motor Dealers Act provides a statutory warranty of 3 months or 5,000km from the date of sale (whichever occurs first) on second-hand vehicles that have travelled less than 160,000 km and are less than 10 years old.
Every second-hand vehicle for sale within a licensed dealership should have a form describing the vehicle displayed. The form includes the dealer’s name, cash price, engine number, odometer reading and whether a warranty applies. The form displayed will either be a Form 4, 6, or 8 and this will indicate the term of the warranty applying to the vehicle.
Form 4 indicates the car has a standard statutory warranty as described above.
While the dealer does not have to provide a Safety Inspection Report (a ‘pink slip’) for a vehicle to which a statutory warranty applies, the vehicle is still required to be roadworthy and its condition should be reasonable for its age and mileage.
Form 6 indicates that the standard warranty of 3 months/5,000km applies, but only to defects relating to safety. The dealer should list on the form the items that will not be covered by the warranty as
well as an estimate of the related repair costs. A car displaying a Form 6 must also be sold with a pink slip showing that the car is roadworthy.
Form 8 indicates that the car is not covered by a warranty. Generally the car is older than ten years or has travelled more than 160,000km. A car displaying a Form 8 must be sold with a pink slip showing that the car is roadworthy.
Form 14 indicates that the car is not covered by a warranty and is displayed on a vehicle priced above the luxury car limit. The car is to be sold in a roadworthy condition.
Some types of vehicles are excluded from this warranty as listed under the heading Non-warrantable vehicles below.
Vehicles excluded from second-hand warranty
Commercial
Commercial vehicles are excluded from the statutory warranty. Basically, a commercial vehicle is a motor vehicle constructed or adapted principally:
to carry goods
to carry 10 or more adults
for industrial or agricultural use.
‘Dual-cab’ or ‘crew-cab’ vehicles are commercial vehicles.
Note: The following are not commercial vehicles, and (subject to age, distance and price) will be covered by warranty.
A utility, station wagon or panel van:
that is the same make as the factory-produced motor car;
in which the part of the body form, forward of the windscreen and the greater part of the mechanical equipment are the same, or substantially the same, as in the motor car.(Holden Commodore or Ford Falcon station wagon or utility).
A motor vehicle that is adapted for
camping use (for example, a campervan).
A four-wheel drive with at least one forward-facing rear passenger
seat ie. most of the normal long wheel base four-wheel drive passenger vehicles (apart from dual and crew cabs which have been excluded).
The definition of commercial vehicle does not apply to the Suzuki Hatch and Mighty Boy because their cargo space is not considered to be constructed or adapted principally to carry goods.
These and similar vehicles are considered to be covered by warranty if the criteria of distance travelled, age and price (luxury vehicle) applies. The fact that a vehicle may be used for 'commercial' purposes (courier, taxi, etc) after purchase does not void the statutory warranty.
Luxury vehicles
A luxury motor vehicle is a vehicle where the cash price exceeds a prescribed amount. The prescribed amount is the motor vehicle depreciation limit under the Income Tax Assessment Act and is set in the annual Federal Budget.
For the purpose of the Motor Dealers Act the figure effective as at 1st July 2002 was set at $57,009. Vehicles sold above this price are not covered by a Statutory Warranty or the Motor Dealers Compensation Fund.
Other vehicles not covered by statutory warranty
These are:
A trailer (which includes a caravan).
A motor vehicle or a second hand motor cycle that cannot be registered on New South Wales roads.
A substantially demolished or substantially dismantled motor vehicle.
A four wheel drive vehicle that has no forward facing rear passenger
seat.
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I assume your vehicle has done less than the 5000k since you purchased it and as stated, it is within the 3 months warranty period, so you have all the right ingrediants there to tell them it has to be fixed at their expense.
Contact the technical dept of you local motoring body as
well as the legal dept and get clarification in writing of exactly what is and isnt covered by the statutory warranty and then go see the dealer and show them that you wont be pushed around. Also see your local Dept of Fair Trading and your states equivilent of the MTA.
Keep us posted on the outcome, as I am sure many others on this site will follow this with interest.
Good luck
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