Nissan Pathfinder towbar problems.
Submitted: Wednesday, May 30, 2007 at 11:20
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buckshot
Purchased a new Pathfinder manual 2.4lt diesel last August and to date am thrilled with it's performance - 9.5lt/100 (30mpg) around town and about 14lt/100 (20mpg) with 1600kg van. It's towing capacity is amazing for such a small donk. Outperforms our previous 4.5lt petrol 1998 Patrol in every department.....so no problems here!
My problem is with the Nissan towbar fitted on purchase of the Pathfinder at a cost of $450. It was rated 3000kg/300kg, which was ample for my needs (1800kg/150kg) and there was never any mention of not using my levelling device (4xshepherd crook type bars).
In December 2006 Nissan sent out circulars saying their towbar did not need nor should be used with levelling devices. I ignored this as I had already been on a short trip with the van. At the 10,000 km service I was told I would have to bring the vehicle in for modification to allow the towbar to be used with levelling devices. Had this done but was then told I still could not use a levelling device. I contacted Nissan for a refund and was refunded $380 (RRP of their towbar). I am presently seeking refund of remaining $70 from dealer who, so far is refusing to budge, saying it is not his problem!!
Has anyone out there had similar dealings regarding the Nissan Pathfinder towbar and if so what has been the stance taken by Nissan and the dealer? Have you had all your money refunded by Nissan or from the dealer? Any information would be helpful. Thanks, Buckshot.
Reply By: Andrew from Vivid Adventures - Wednesday, May 30, 2007 at 12:24
Wednesday, May 30, 2007 at 12:24
um yes - I saw one (the whole bar) fall off the back of a Navara (I think the same structure as a Pathy) towing a van with levelling device on the Nullabor last year.
It seemed to be retained only with bolts facing forward, and these eventually all sheared off as the vehicle went through the drain at the side of the road leaving the van in the middle of the road ...
I think I'd be looking for some good engineering in 3rd party product - and get nasty with the dealer - under Trade Practices Acts in every state it is misleading and deceptive conduct not to tell you before they sell you the item that it won't work for your intended use - even if it was a honest oversight, and full refund is the only solution. He sold it to you - it is his problem. Make a fuss in the public area of the dealership when it is busy.
Cheers
Andrew.
AnswerID:
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Follow Up By: Shaker - Wednesday, May 30, 2007 at 13:53
Wednesday, May 30, 2007 at 13:53
It's only misleading & deceptive conduct , if you ask & they give you an incorrect answer.
Many people would tow without using load levelling devices.
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504416
Follow Up By: Andrew from Vivid Adventures - Wednesday, May 30, 2007 at 14:23
Wednesday, May 30, 2007 at 14:23
Not under the laws in each of the Australian states.
Even silence can be misleading and deceptive conduct in Australia. Intent is irrelevant in determining whether a breach has occurred. Just google "Misleading and deceptive conduct" and you will find numerous references like this:
Site Link
If it was a reasonable expectation that a towing hitch should be able to be used with a levelling device - after all, he was saying he was towing a caravan and a very large percentage of caravans have them, then it is misleading and deceptive conduct not to disclose this in big bold letters to the purchaser prior to purchase.
This is very
well established principle in Australian Trade Practices Legislation that is
well understood by any big retailer, be it the dealer (who would train all his sales people on it regularly - given the turnover), and most certainly Nissan.
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Follow Up By: Shaker - Wednesday, May 30, 2007 at 18:49
Wednesday, May 30, 2007 at 18:49
..... and the meaning of 'caveat emptor' is ???
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Follow Up By: Andrew from Vivid Adventures - Wednesday, May 30, 2007 at 18:57
Wednesday, May 30, 2007 at 18:57
There are still a lot of
places where caveat emptor applies, but it most certainly doesn't apply when there are undisclosed limitations which can have a real cost to the person buying the product.
If you are buying a second-hand vehicle from a private buyer, trade-practices and fair-trading legislation, for instance, is unlikely to apply.
Of course it is better not to get in the situation in the first place, but the OP's situation is hardly his fault... in fact it is a clear case of under-engineering in the case of Nissan.
FollowupID:
504475
Follow Up By: Shaker - Thursday, May 31, 2007 at 12:15
Thursday, May 31, 2007 at 12:15
I can assure you that it most certainly applies when buying a motor vehicle!
At least if you buy from a dealer you should have the warranty as a safety net.
FollowupID:
504608
Reply By: jomah - Wednesday, May 30, 2007 at 19:51
Wednesday, May 30, 2007 at 19:51
Hi Buckshot, I had the same problem as you. The dealer refused to give me the time of day saying as far as he was concerned they had sold and fitted the towbar in good faith and they had nothing to answer for. Never went back to him for a service or anything else, so in the long run he lost more than he saved. Ass.....!
Finally got refund direct from Nissan Australia after threatening them with A Current Affair as
well as any other media person prepared to listen. Nissan seem to have a problem admitting that their factory towbars are bleep and there are any number of tales on this and other web sites regarding their crappy, poorly designed hitches. Get rid of it and get a Reese. Have a look at the two of them side by side and you will understand the problem. As for the 75 bucks its probably a lot less painful and stress free to just write it off and never buy Nissan again... just like me.
AnswerID:
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