Wednesday, Oct 03, 2012 at 10:25
Ford do not say "Must not" or "Shall not" because they do not have any authority to direct your actions. They say "Should not" because in their opinion..... "Fracturing of the tow bar tongue welding can affect safe operation...presenting a potential traffic
hazard to the driver and/or other road users."
There is no legal restraint to you continuing to use the product other than a possible charge of Undue Care or similar when you had been advised of the
hazard. So you cannot be prosecuted for continuing to use the product but may have a legal problem if that use causes an injury.
As to the wording of a document, in the event of legal action a court may make judgement based on their interpretation of the "intent" bearing in mind "how a person may reasonably interpret the wording". It is never Black & White in a legal judgment.
Which leaves you Alandale, in a poor situation. It's lousy I know but Ford cannot be expected to solve everyone's problem instantaneously. Your situation may be no more exigent than many others so you are relegated to a queue to await resolution.
1. You may appeal to Ford but I would not expect a satisfactory outcome.
2. You can cease using the tow bar and await Ford's action.
3. You could continue to use the tow bar with the attendant risk of incurring a problem.
4. You could purchase a replacement and continue touring. If you do this it may be prudent to write to Ford advising them of your action, deemed necessary in the circumstance, and endeavour to obtain some compensation at a later time.
Whatever you do, I wish you good luck.
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