Warranty or not??? Technically no but what do you guys think?? Help

Submitted: Thursday, Dec 03, 2009 at 10:54
ThreadID: 74169 Views:4280 Replies:13 FollowUps:10
This Thread has been Archived
Hi All
Here is the issue:
I have a 2004 Pajero 3.8V6 bought 11/04. It has done 37347Klms so it is a youngster in terms of Ks.

It has been serviced at 1333, 10358, 16034, 21269, 23089, 28043, 29923 pre desert trip preparation ( May 2009 ), 37218 post desert trip ( July 2009 ).

At 37242 ( August 2009 ) there began a great noise in the engine bay. It turns out that the bearings of two idler pulleys have collapsed. Cost to fix and replace fan belt $518.

I contact Mitsubishi in August 2009. I tell them I have had 10 other Mitsubishis since 1992. I tell them the facts and send them copies of ALL service invoices with details of everything ever done to the car. It is obvious to anyone it has been loved.

They tell me tough!!

Am I being unreasonable to expect idler pulleys to last more than 37242Klms????

Tell me how to get these guys to pay what I think is reasonable. Remember that very soon after I bought this car Mitsu came out with their 5 yr warranty.
According to modern astronomers, space is finite..a very comforting thought particularly for people who can never remember where they left things

Lifetime Member
My Profile  My Blog  Send Message

Back Expand Un-Read 0 Moderator

Reply By: Member - Oldbaz. NSW. - Thursday, Dec 03, 2009 at 11:22

Thursday, Dec 03, 2009 at 11:22
No, I dont think you are unreasonable to expect idler pulleys to last more than
37k, unless over tensioned, that would appear to me to be the most likely cause.
You have answered your own question re Warranty..apparently not covered, but I
would continue to pursue the matter with Mitsubishi, perhaps go to a higher court
if possible. I would also be checking all other bearings on components driven by
the same belt.....oldbaz.
AnswerID: 393627

Follow Up By: dbish - Thursday, Dec 03, 2009 at 11:45

Thursday, Dec 03, 2009 at 11:45
I also agree as a mechanic I would normaly expect at least 100000Ks plus not an unreasonable expectation. But there out would be time which shouldnt come intoit where bearings are concerend.
0
FollowupID: 661718

Follow Up By: Member - joc45 (WA) - Thursday, Dec 03, 2009 at 13:03

Thursday, Dec 03, 2009 at 13:03
Our neighbour's beemer did an idler pulley - was about 7 yrs old, but had only done about 30,000km. On investigation, the threaded bolt hole in the timing cover which mounts the pulley was not threaded thru to the bottom of the hole, preventing the bolt from holding the pulley in properly (about 5mm too short!). Obviously a mfr fault. BMW eventually paid for a new cover and pulley, neighbour paid for the labour. A satisfactory outcome under the circumstances.
So it's worth pushing if you can find an obvious cause for the premature failure.
good luck,
Gerry
0
FollowupID: 661729

Reply By: MrBitchi (QLD) - Thursday, Dec 03, 2009 at 11:40

Thursday, Dec 03, 2009 at 11:40
The idler pulleys are a common failure item. Technically you're out of warranty so MM has no obligation to assist. Sorry...
AnswerID: 393631

Reply By: farouk - Thursday, Dec 03, 2009 at 12:10

Thursday, Dec 03, 2009 at 12:10
Hi takenbyaliens
Was watching Christopher Zin from Choice Magazine today on Sunrise and I have downloaded from Choice website the following which covers your predicament ,it does appear that we are all under the impression (wrongly) that if manufacturers warranty is up tough!

The statutory warranty is separate to a manufacturer's warranty and the extended warranty that most retailers sell directly at the time of purchase.
Under national laws, the statutory warranty entitles shoppers to a refund, replacement or repair if the product is not fit for its purpose or becomes faulty after a reasonable amount of time considering the cost.


You could reasonably expect a refrigerator to continue to work without fault for at least five years and a mobile phone perhaps two years.
Christopher Zinn says they helped a man who bought a $500 DVD Recorder that was 15 months old, and which only had a 12 month manufacturer's warranty, get a replacement.
"Another example is, if someone buys a $50 watch you wouldn't have a case to make if it broke after a year, but if you bought a $500 watch you could potentially take it back after three years," says Chris.
So the statutory warranty varies according to the price, age and quality of the product.
If shoppers have a faulty product and the shop they bought it from won't take it back, Choice has a letter you can download from their website to send.
If the shop where the product was bought still won't take it back, shoppers should make a complaint to the consumer affairs agency in their state or territory.
farouk
AnswerID: 393634

Follow Up By: Fab72 - Thursday, Dec 03, 2009 at 13:04

Thursday, Dec 03, 2009 at 13:04
Farouk, I think you nailed it when you said "after a reasonable amount of time ". What is a reasonable amount of time? How is that defined?
I agree that considering most people would do 37K in less than 2 years, the part failure seems premature, however, how many engine hours has that motor done?

At the other end of the scale, I used to work for a Toyota dealership in SA. We had a L/C that used to come to us that had a PTO set up on it (from memory) to run a water pump. It had very few kms on the clock but huge engine hours.

Where does a manufacturer draw the line? I have a 1993 Mitsi Lancer (16 years old). Only travelled 70,000kms and the drive shaft boots are knackered. So who is to tell me at what stage did my drive shaft boots exceed the reasonable amount of time clause?
0
FollowupID: 661730

Follow Up By: farouk - Thursday, Dec 03, 2009 at 14:10

Thursday, Dec 03, 2009 at 14:10
Fab72

I should have clarified where the statement from Choice commenced,
It started at "The statutory warranty" so I am not nailing anything but I do agree with what follows in their statement.
I have a friend who purchase a $3400 Sony 40" LCD TV and at 18 months the Tuner packed it in and he was advised by the major retailer that he bought it from that it was out of warranty and repair would cost about $400 and advised him to buy a HD Settop box which would do the job for $129. Guess who is at this moment having words with the retailer!!
I would say that your example would not be listened to at 16 years one would be an optomist if he thought he would be entitled, As Chrisopher said " you would expect a refrigerator would last 5 years and in the case of the 2004 Pajero with such a terrific service history would certainly come under the "reasonable period".
Below is further info from the Choice site

Tips for claiming your warranty rights with a retailer
When you’re not satisfied with a product or service, ringing the retailer who sold you
it can be daunting. As a relatively informal process though, it can be an effective way
to fix the problem. Here is our step-by-step guide to claim your warranty rights.
1 Identify the product
• Tell the retailer that you are not satisfied with the good or service you bought
from them.
• Identify the item that you’re not satisfied with, and if you can, the date when
you bought it.
2 Describe the problem
• Politely explain as specifically as possible why you’re not satisfied with the
item.
If appropriate, you can identify any of the following standards, that you feel
your item is missing:
o is not of merchantable/acceptable quality
o is not fit for purpose
o does not match description or sample
o is not free from defects
o for services, the standard is not carried out at a standard or quality that
could be reasonably expected by a person in the particular trade or
profession
• You may want to use the following words, where appropriate, such as ‘this
product doesn’t do what I’d reasonably expect’ or ‘it is not of acceptable
quality’.
3 Suggest the solution (repair, replace, refund, redone)
• Suggest the solution that you would prefer – repair, replace, refund or if it’s for
services, have it redone.
• Try to come to a mutual agreement with the retailer about the solution.
• Your right: The law clearly states that it is ultimately your right to decide
what solution is provided, not the retailer’s.
4 Arrange transport/freight costs
Regardless of whether the problem’s been resolved or not, if the retailer wants to see
the item, you’ll need to work out how to transport it, and any associated costs

• Discuss with retailer how to transport the goods to the store. The retailer may
suggest you go to the shop with the product and receipt. If you are satisfied
with this, go ahead.
• If it is not convenient to take the goods into the shop, you can have it freighted
to the retailer. Your right: The law is clear that the retailer should pay this
cost.
• The retailer may suggest you pay the upfront cost for the transport and they
will reimburse you once you provide a receipt. If you are comfortable with this
arrangement, you can do so.
Your right: You are not under any obligation to accept upfront costs with
reimbursement.
• Ask for the name of the person you’ve spoken to and note it down, along with
time and date of the conversation.
5 Make a complaint
• If the retailer does not agree to the solution you want, consider making a
formal complaint. You can ask the person you are dealing with how to make an
internal complaint within the company, or you could tell them that you will
lodge a formal complaint with your State or Territory fair trading/consumer
affairs body. This may make the retailer reconsider their approach.
• To make a formal complaint, contact the local consumer protection body in
your state or territory:
AUSTRALIAN CAPITAL TERRITORY
The Office of Fair Trading
Phone: (02) 6207 0400 or
Email: fair.trading@act.gov.au
Web: http://www.
www.ors.act.gov.au/fairtrading
SOUTH AUSTRALIA
Office of Consumer and Business Affairs
Phone: (08) 8204 9777
Email: metro.cab@agd.sa.gov.au
Web: http://www.ocba.sa.gov.au
NEW SOUTH WALES
Office of Fair Trading
Phone: (02) 9895 0111 or 13 32 20
TTY: (02) 9338 4943
Email: enquiry@fairtrading.nsw.gov.au
Web:http://www.fairtrading.nsw.gov.au
TASMANIA
Consumer Affairs and Fair Trading
Phone: (03) 6233 4567 or 1300 654 499
Email:
consumer.affairs@justice.tas.gov.au
Web:http://www.consumer.tas.gov.au
NORTHERN TERRITORY
Northern Territory Consumer Affairs
Phone: (08) 8999 1999 or 1800 019 319
Toll free: 1800 019 319 (NT)
Fax: (08) 8935 7727
Email: consumer@nt.gov.au
Web: www.consumeraffairs.nt.gov.au
VICTORIA
Consumer and Business Affairs Victoria
Melbourne VIC 3001
Phone: (03) 9627 6444
Consumer Affairs Helpline: 1300 558 181
E-mail: consumer@justice.vic.gov.au
Web: http://www.consumer.vic.gov.au
QUEENSLAND
Office of Fair Trading
Phone: (07) 3246 1500 or 131 304
TTY: (07) 3246 1588
WESTERN AUSTRALIA
Consumer Protection
Phone: (08) 9282 0777 or 1300 304 054
(local call cost only)

7 Keep documentation
• Be sure to keep a copy of all documents, including receipts, dockets etc, and a
record of all conversations, including who you spoke with, and when are where
that occurred.
8 Further warranty help
Choice’s warranty website provides comprehensive information about your warranty
protections: www.choice.com.au/warranties
You can access:
• An SMS summary of warranty rights
• A wallet summary of warranty rights
• Campaign poster to put up in schools, universities, legal centres, and for
anyone to tell consumers about their warranty rights and the campaign
• Sample complaint letters for warranty claims
• A video explaining warranty rights.
• A video of our frustrated ‘egg-person’ being given the warranty run-around
0
FollowupID: 661740

Reply By: Best Off Road - Thursday, Dec 03, 2009 at 13:03

Thursday, Dec 03, 2009 at 13:03
Take them on at the Small Claims Tribunal. I gave them a nice old towelling up a few years back in QLD over a failed airconditioner in our Magna.

If you need any advice on how to prepare the case give me a call. It's neither difficult nor expensive.

I reckon you've got a close to unloseable case.

Jim.



AnswerID: 393643

Reply By: MEMBER - Darian (SA) - Thursday, Dec 03, 2009 at 14:12

Thursday, Dec 03, 2009 at 14:12
Agreed re the steadfast habit of hoards of manufacturers to "get away with" sticking a 12 month warranty on just about everything - including items that often go for years and years - it's what we consumers let them get away with. But I still can't see how a the seemingly vague 'statutory claims' can be of any use on a broad scale - surely under such circumstances, the manufacturer just stonewalls initially and then gives in on a few cases annually (a 'goodwill' replacement of the goods in effect)...... meaning that The Office of Fair Trading has no actual concrete guideline to offer us at all ?
Hope you get the $ - guess I've been conditioned to think that such a component failure on a 5 year old car is nothing unusual at all.
As for the 5/10 year warranty on current Mitsi's - dealer told me that the original owner gets 10 years on the whole engine / drivetrain, including everything nailed to those main components - that would cover your pulleys to 10 years !
AnswerID: 393654

Reply By: Shaker - Thursday, Dec 03, 2009 at 14:35

Thursday, Dec 03, 2009 at 14:35
When you bought the vehicle & signed the contract you agreed to the warranty terms & conditions, if it is outside those parameters, then the manufacturer has no obligation.
How long do you want them to be responsible?

AnswerID: 393660

Follow Up By: farouk - Thursday, Dec 03, 2009 at 14:50

Thursday, Dec 03, 2009 at 14:50
Shaker,
I could not beleive that somebody (you) would query why a consumer would be upset over treatment by a retailer and when an organisation like Choice advises people to ascert their lawful rights (which obviously he was unaware of at the time of purchase) your attitude is Unbeleivable!!
Incidentally if you read the Choice statement the Stautory Warranty is in ADDITION to the normal Manufacturers Warranty, in this care you deal with the RETAILER ansd he can choose what transpires from here on.

Farouk
0
FollowupID: 661747

Follow Up By: ob - Thursday, Dec 03, 2009 at 15:59

Thursday, Dec 03, 2009 at 15:59
And above all remember that now well accepted maxim

It is never your fault, someone else must be to blame..... lol

(:-))

Cheers ob
0
FollowupID: 661754

Follow Up By: Shaker - Thursday, Dec 03, 2009 at 16:58

Thursday, Dec 03, 2009 at 16:58
So farouk, when is the cut off point, 5 years, 10 years, 20 years???

It wasn't mentioned if the selling dealer did all the servicing, the belt could have running overtensioned.

0
FollowupID: 661765

Follow Up By: Damian007 - Monday, Dec 07, 2009 at 13:00

Monday, Dec 07, 2009 at 13:00
I can't believe all this arguing over a couple of idler pulley bearings. For Christ sake. It's a normal "Wear & Tear" item.. Crikey, we're all becoming a bunch of whingers looking for a handout for a measley couple of hundred bucks at any opportunity.

The Facts Are:

It's a Couple Of Bearings.
Bearings Don't Last Forever.
They Are Replaceable.
Replace Them.

There you go. Simple.

Btw, I think you'll find the belts could be self tensioning.
0
FollowupID: 662280

Follow Up By: Member - Ed. C. (QLD) - Monday, Dec 07, 2009 at 14:44

Monday, Dec 07, 2009 at 14:44
Quote >>

"The Facts are:

It's a Couple Of Bearings.
Bearings Don't Last Forever.
They Are Replaceable.
Replace Them.

There you go. Simple." (end quote)


ED ZACHARY !! Give the man a ceegaar .......


;-))



Confucius say.....
"He who lie underneath automobile with tool in hand,
....Not necessarily mechanic!!"

Member
My Profile  Send Message

0
FollowupID: 662286

Reply By: Member - Phil G (SA) - Thursday, Dec 03, 2009 at 15:06

Thursday, Dec 03, 2009 at 15:06
Idler bearings commonly fail on 4wds because of exposure to water and dirt and dust.
Have you done water crossings? Do you degrease your engine or hose it down?
AnswerID: 393663

Follow Up By: takenbyaliens (QLD member) - Thursday, Dec 03, 2009 at 16:32

Thursday, Dec 03, 2009 at 16:32
Hi Phil
Done one water crossing ( Eyre Creek ) in its life and with a bra. Engine was cleaned after desert crossing during its after trip service but do not know method. Dust...well yes the desert once.
According to modern astronomers, space is finite..a very comforting thought particularly for people who can never remember where they left things

Lifetime Member
My Profile  My Blog  Send Message

0
FollowupID: 661762

Reply By: wicket - Thursday, Dec 03, 2009 at 15:23

Thursday, Dec 03, 2009 at 15:23
takenbyaliens

one question to ask yourself is 'how much is your time worth?'. you say it cost $518 to fix yet it might cost you a lot more in stress and your own lost time to chase it when you could be doing something more satisfying. for $500 is it worth it
AnswerID: 393664

Reply By: dbish - Thursday, Dec 03, 2009 at 16:42

Thursday, Dec 03, 2009 at 16:42
The other cheep option is to buy the idler pulleys & replace them your self its not hard to do????
AnswerID: 393669

Reply By: The Landy - Thursday, Dec 03, 2009 at 17:16

Thursday, Dec 03, 2009 at 17:16
If you feel strongly enough about it why not work something out with them; something along the lines that was suggested earlier, they pay parts and you pay labour. Especially given they have already suggested they have no obligation to you, the goodwill option is about your best choice.

You could spend a lot of time arguing your case for a part that is subject to wear and tear, whether it should have lasted longer or not will almost be irrelevant as there are other factors that could render an earlier failure possible, and if you went down the track of going to something like a Small Claims Tribunal they will simply suggest a compromise be worked out, at best.

Good luck whatever the outcome….
AnswerID: 393676

Reply By: gbdid - Thursday, Dec 03, 2009 at 17:19

Thursday, Dec 03, 2009 at 17:19
If you are the original owner did you have the extended warranty? If you did then you do get and additional 5 years, making 10 years in total on the powertrain, but perhaps that does not cover the pulley. It does however cover the water pump so may be the idler pulleys would be included.
AnswerID: 393678

Reply By: Member - DAZA (QLD) - Thursday, Dec 03, 2009 at 17:21

Thursday, Dec 03, 2009 at 17:21
G/Day

Has all the Servicing been done by Mitsubishi?, the reason I'm asking is that if it hasn't been allways serviced by them, they can argue that the Idler Pulleys were adjusted not to their specifications, or somebody could have done work on them who isn't qualified, I agree there is no harm trying to get satisfaction from them, but they would use the above arguments to decline warranty, best of luck.

PS, I was once told by a Toyota Dealership that some vehicles deteriorate through lack of use, we were discussing a problem with a Diesel Injector Pump
on a Hylux.

Cheers
AnswerID: 393679

Reply By: fisho64 - Friday, Dec 04, 2009 at 00:28

Friday, Dec 04, 2009 at 00:28
idler pulleys are one of those things that generally dont fail from use, its from a contamination getting in thru the dust seal on the bearing.
As said before, they are not a hard item to fit, but now that you have done it and paid for it, Im afraid you may have buckly's of getting anything from them.
AnswerID: 393747

Sponsored Links

Popular Products (9)