Submitted: Friday, Jul 27, 2012 at 18:25
ThreadID: 97119 Views:2435 Replies:5 FollowUps:7
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Just a heads up to the people that own the new pathfinder, I brought mine with the understanding that load levelling devices such as air bags and Reece hitches could be used on the vehicle with out voiding my Warranty I even had it clarified before I took delivery of the vehicle, and I was told that the part in the manual that says don't use load levelling devices did not apply. Guess what , I was looking at the tyre placard on the vehicle and it states Do NOT USE LOAD LEVELING DEVICES WITH THIS VEHICLE. I have just come back from Nissan in morely and showed the placard to the service department manager, he jumped on the phone and you guessed it the use of such devices does void your warranty. Just for your info. Broodie H3
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Reply By: Ross M - Friday, Jul 27, 2012 at 19:34

Friday, Jul 27, 2012 at 19:34
When you asked the question before purchase did you think you would be given an accurate and correct answer, or the one you wanted to hear?

Sales staff are trained to tell you "yes" answers in appropriate places. Nothing negative exists. Not allowed to be negative, therefore everything is positive.
If they said, "no you can't", would you have bought the vehicle?
A dealership isn't a good place to obtain advice about the product sold there.
Did they lie to you?
They can't be that ignorant about their product as they sell many of them for exactly the reason you bought one.
The person who told you the statement in the book doesn't apply is in breach of their duty.
Whoever clarified it for you should be the one in the firing line, I presume they work at the place where it was purchased.
Par for the course it seems but they scored the hole in one.

I won't go further into the honesty and morality if it all.
AnswerID: 491793

Follow Up By: Member - Broodie H3 - Saturday, Jul 28, 2012 at 02:00

Saturday, Jul 28, 2012 at 02:00
the sales man that sold me the vehicle didn't tell me it was verified by Nissan Australia, that was twelve months ago. Their policy could have changed by now but I am going to have fun come Monday, trying to get someone to admit they have made a serious error of judgement. I think I still have their Email in the archive store somewhere. I know we kept it as I thought this might occur.I was always doubtful.
Broodie H3
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Follow Up By: Ross M - Saturday, Jul 28, 2012 at 12:14

Saturday, Jul 28, 2012 at 12:14
G'day Broodie
Because they must have known about the limitations, after all "they are the dealer" in all this and are schooled on new models when they arrive to be sold, then they didn't make an error of judgement at all, it is just plain ol' deception and they seem prepared to do this as required. Some degree of ignorance may also be present. Whatever the reason, you were incorrectly advised despite your effort to find out.

You as a customer, cannot possibly know all about the vehicles capabilities and limitations, but they should, and you are wise to ask in the first place as it is one of the primary "fit for purpose" issues which concerns you.
They have effectively said it is fit for purpose as for the use stated/requested by you.

So they are then prepared to tell you what you want to hear to clinche a sale despite the information given to you being deceptive and misleading.

Mis is at fault. She causes a lot of trouble.

Mis leading
Mis takes
Mis management
FollowupID: 767402

Follow Up By: Member - Broodie H3 - Saturday, Jul 28, 2012 at 12:49

Saturday, Jul 28, 2012 at 12:49
I have just had an interesting talk to a Toyota dealer and have asked the same question and the response was......... The Landcruisers and Patrols that are fitted with a traction control system should not be used with ride levelling devices,eg: air bags and Reece Hitches, as they will incorrectly give the computers that operate the system a wrong reading and make the traction control system unsafe to drive the vehicle. If you have an accident you are not covered by insurance and your vehicle warranty is void. I am going to have a further deeper investigation into this and will keep you informed as it appears on the surface that it might apply to all vehicles with traction control systems, I don't know for sure yet but I am going to find out. Happy motoring.
Broodie H3
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Follow Up By: Ross M - Saturday, Jul 28, 2012 at 13:48

Saturday, Jul 28, 2012 at 13:48
The hitch shouldn't interfere with an airbag system as it detects decelleration amounts and triggers the airbags as a result of sufficient sudden decelleration.
Talking about traction control, I take that to mean tractive forces for pulling not grip forces for control or braking. So it is not traction control forces they are really talking about.
The traction control term is used, but unfortunately it is being applied to a myriad of conditions the vehicle operates under.
You really have to determine the situation of weight transference via a hitch arrangement and only talk about its possible effects on the system.
A vehicle which has been levelled by a hitch would have its sensors for brake and stability control in approx the same situation as it would normally be. SO it is brake and stability control you are concerned with and not really traction control.
However the system has to be able detect/make allowance for the extra weight towed behind to remain effective.
ABS will operate the same but the vehicle has to be in a normal attitude not nose up or down.. How effective the system is under these conditions is the grey area. Same for stability control.
I agree it is very hard or near impossible for a vehicle manufacturer to have their safety system allow for tow weights, when all their testing and performance data is applied to a, vehicle only, situation.

Somewhere in there is the happy compromise which everyone has to operate under.
FollowupID: 767409

Follow Up By: ozjohn0 - Sunday, Jul 29, 2012 at 10:37

Sunday, Jul 29, 2012 at 10:37
Broodie H3,
The dealer you spoke to gave you incorrect info.
Toyota DO recommend the use of a WDH on Landcruisers.
Cheers, OJ
FollowupID: 767479

Reply By: pepper2 - Saturday, Jul 28, 2012 at 08:38

Saturday, Jul 28, 2012 at 08:38
Under the trade practices act doesnt a consumer have the opportunity to return a n item that isnt fit for the purpose it was purchased for ???? also doesnt this apply if the purchased item is incorrectly described ???
AnswerID: 491812

Follow Up By: 222 - Saturday, Jul 28, 2012 at 17:41

Saturday, Jul 28, 2012 at 17:41
The extract below is from the ACCC website and the portion below the second X's is an extract from the Act - that will allow you to find the relevant passage in the Clth law site. Taking action is not an option - you realy should do it not just for youself but all other consumers too - don't let them get away with it!!!

How to use your rights when a product or service isn't right
Use the checklists below to make sure that your problem is something the business must help you with.
Checklist for when to use your rights
If you answer ‘Yes’ to any of these questions, it’s time to use your rights:
• Is the quality of the goods unacceptable?
• Are the goods unfit for the purpose discussed?
• Do the goods fail to match the description you got before buying?
• Do your goods fail to match a sample or demonstration model?
• Did the business fail to fulfil all their extra promises of quality and performance?
• Did the service provider fail to use reasonable care and skill?
• Did the service provider fail to do what you asked them to do?
• Was the service delivered in an unreasonable time?
You don’t automatically get a repair, replacement or refund.
You will need to show proof of purchase, such as a receipt or bank statement, lay-by statement or stamped warranty card showing the place of purchase.
You may be entitled to choose a repair, replacement or refund, but this depends on whether the product or service has a major problem. You will need to discuss this with the business to work this out.
Checklist for when your rights don’t apply
If you answer ‘Yes’ to the following questions, then you don’t have the right to ask for a repair, replacement or refund:
• Did you misuse the product in any way that caused the problem?
• Did you get the product or service you asked for, but have since changed your mind?
Steps for using your rights
1. Go back to or contact the business.
2. Explain the problem clearly and state that you want them to fix the problem.
3. If the business refuses to fix your problem, ask to speak to the manager or write a complaint letter
4. If the business still refuses to help, contact your local consumer protection agency or the ACCC.
It’s against the law for businesses to tell you or show signs stating that they do not give refunds under any circumstances. You can report businesses that say they never give refunds.
For more details see
• When can you use your rights to repair, replace, refund?
• Inquiry or complaint
• Rejecting and returning goods when there is a problem
• Cancelling a service contract


Competition and Consumer Act 2010

Volume 3
Schedule 2

Part 3 2—Consumer transactions

Division 1—Consumer guarantees

54 Guarantee as to acceptable quality
(1) If:
(a) a person supplies, in trade or commerce, goods to a consumer; and
(b) the supply does not occur by way of sale by auction;
there is a guarantee that the goods are of acceptable quality.
(2) Goods are of acceptable quality if they are as:
(a) fit for all the purposes for which goods of that kind are commonly supplied; and
(b) acceptable in appearance and finish; and
(c) free from defects; and
(d) safe; and
(e) durable;
as a reasonable consumer fully acquainted with the state and condition of the goods (including any hidden defects of the goods), would regard as acceptable having regard to the matters in subsection (3).
(3) The matters for the purposes of subsection (2) are:
(a) the nature of the goods; and
(b) the price of the goods (if relevant); and
(c) any statements made about the goods on any packaging or label on the goods; and
(d) any representation made about the goods by the supplier or manufacturer of the goods; and
(e) any other relevant circumstances relating to the supply of the goods.
(4) If:
(a) goods supplied to a consumer are not of acceptable quality; and
(b) the only reason or reasons why they are not of acceptable quality were specifically drawn to the consumer’s attention before the consumer agreed to the supply;
the goods are taken to be of acceptable quality.
(5) If:
(a) goods are displayed for sale or hire; and
(b) the goods would not be of acceptable quality if they were supplied to a consumer;
the reason or reasons why they are not of acceptable quality are taken, for the purposes of subsection (4), to have been specifically drawn to a consumer’s attention if those reasons were disclosed on a written notice that was displayed with the goods and that was transparent.
(6) Goods do not fail to be of acceptable quality if:
(a) the consumer to whom they are supplied causes them to become of unacceptable quality, or fails to take reasonable steps to prevent them from becoming of unacceptable quality; and
(b) they are damaged by abnormal use.
(7) Goods do not fail to be of acceptable quality if:
(a) the consumer acquiring the goods examines them before the consumer agrees to the supply of the goods; and
(b) the examination ought reasonably to have revealed that the goods were not of acceptable quality.

FollowupID: 767426

Reply By: lizard - Saturday, Jul 28, 2012 at 19:37

Saturday, Jul 28, 2012 at 19:37
A few of the new 4WD's with anti-sway or anti-swerve and some with air suspension are not compatible with Load Leveling devices - eg Jeep , Landrover Disc 3 .... however some of these do 'allow' if Van is over a certain weight (around 2.5 tonnes)
AnswerID: 491847

Follow Up By: ozjohn0 - Sunday, Jul 29, 2012 at 12:00

Sunday, Jul 29, 2012 at 12:00
LR don't prohibit the use of a WDG, they just don't recommend their use.
However Jeep Australian Bulletin 72/2011 states that their research has revealed that WDH can be safely used on 2011 model Jeeps onwards.
And for tarailer weights in excess of 2268Kg a WDH also assists in the stability of the trailer and vehicle.
FollowupID: 767483

Reply By: PJR (NSW) - Sunday, Jul 29, 2012 at 11:56

Sunday, Jul 29, 2012 at 11:56
Unfortunately for Broodie there is agood lesson here. Get it in writing.

Anything on the computer can be falsefied. I can get into a file and change the data/words without any record of it on the computer. Even an email can be edited. Thus when the chips are down any evidence on a computer can be thrown out. I used a program called Does wonders when a file is corrupted and it need repairing to be able to be opened by a word processor etc. It is so easy to change anything in a file if you know how or are willing to pay someone to do it. And without a tell tale trace.

Get it in writing.

Feel for you mate. Thats going to be a pain for adjusting the headlights all the time aswell as balancing the tow.
AnswerID: 491866

Reply By: Member - Broodie H3 - Friday, Aug 03, 2012 at 16:42

Friday, Aug 03, 2012 at 16:42
O.K. to all whom are interested, the use of load levelling devices on the Nissan pathfinder, DOES APPLY IF USED IN CONJUNCTION WITH THE STANDARD NISSAN TOW HITCH, it does not apply if these devices are USED WITH THE HAYMAN REECE HITCH AND AIR SUPPORT BAGS OF THE SPRINGS MAY BE USED. That is from Nissan Australia in Dandenong Melbourne. So it would seem that I opened a can of worms without reading the label. I do apologise if I have caused any inconvenience to any one out there. It has taken Nissan this long to get back to me.
Broodie H3
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AnswerID: 492172

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