Car need a service?
It’s time to service your car. Where do you turn?
Someone
has told you that if you don’t return to either
the business
where you bought the car or an authorised agent of
that
business, your warranty will be void. Is that
true?
Can you get your car serviced by someone other
than the
business or an authorised agent of the business
that sold the
car without voiding the warranty? The short answer
is ‘yes’.
Though there are some conditions:
New vehicle warranty
Where a problem arises with the vehicle that is
covered
under the warranty, the vehicle should be taken to
the dealer
for repair. These repairs should be done free of
charge under
the warranty.
New and used vehicle servicing
In relation to general servicing, motor vehicle
dealers are
entitled to insist that any servicing performed on
cars they
sell is carried out by qualified staff, according
to the
manufacturer’s specifications, and using genuine
or
appropriate quality parts where required. Provided
these
conditions are met, regardless of where you choose
to get
your car serviced, your warranty will remain
intact. So shop
smart and shop around.
Qualified staff
Qualified staff is a party or parties, other than
an ‘authorised
dealer’, who is capable of performing car
servicing. Some
servicing venues display qualification
certificates, but if
you’re not sure the staff are qualified, just ask.
Manufacturer’s specifications
If an independent agent implies that it can
perform general
car servicing to manufacturers’ specifications and
does not
perform that function satisfactorily, then you
have rights and
remedies against the agent regardless of whether
the agent
has factory qualifications or not.
Genuine or appropriate quality parts
The issue here is not who manufactured the part/s,
it is
whether the part/s are fit or appropriate for the
purpose
intended. If a part is non-genuine, but is
interchangeable
with the genuine part, it could be seen as being
fit or
appropriate for the purpose and would therefore
not void the
manufacturer’s warranty. However, it must also be
noted
that should the part/s installed fail or not
perform
satisfactorily, the consumer then has rights
against the fitter
and/or manufacturer of those replacement parts. If
the nongenuine
part fails, and causes some other damage to the
vehicle, the dealer and vehicle manufacturer will
not be
liable for damage caused by the failure of that
part.
Thus, provided consumers do research and ensure
that
wherever they take a vehicle for servicing, the
staff are
qualified and all other provisions above are met,
the
warranty will be safely intact for the warranty
period.
I negotiated an express warranty when I got my new
car.
Does this cover me further?
Express warranties are usually specified under the
agreement
with the dealer; it might state a specific time
period,
maximum liability and limitations. Express
warranties
operate in addition to statutory warranties, and
cannot
restrict the provisions of the statutory warranty
which is
implied in every single consumer sale.
Under a statutory warranty, goods must meet a
basic level of
quality and do their job properly, bearing in mind
their price
and the way they are described. Goods, and
services
performed, must last for a reasonable time
regardless of any
extended warranty period, remembering that what is
reasonable depends on the price paid and the type
of product.
You should expect your new car to run smoothly for
some
time without requiring any repairs. If, however,
your new car
has a manufacturing fault, then under your
statutory
warranty, you should expect the problem to be
fixed by the
supplier or manufacturer free of charge regardless
of any
express warranty. Statutory rights apply whether
the goods
are new, ‘seconds’ or second-hand.
For example, the dealer may provide an express
warranty for
one year or 20 000 kilometres, which includes free
scheduled servicing and parts. The free servicing
and parts is
an added extra and it is up to you to decide if it
is worth
paying extra for.
Generally dealers will be able to place certain
conditions on
the express warranty given to buyers. A consumer
may void
their expressed warranty if, for example, the car
is fitted with
non-genuine parts. However, the statutory
warranties will
continue to apply unless the service of the
independent
mechanic or the fitting of the non-authorised part
caused the
fault.
Dealers are not permitted to limit their
obligations under the
warranty and refund provisions of the TPA or fair
trading
legislation, or make any representations to this
effect, e.g.
that the warranty is void if the vehicle is not
serviced by the
dealer or its agent.
You are effectively covered by both warranties.
The express
warranty may offer you some further cover above
and
beyond the cover you have under the statutory
warranty.
Make sure you do your research and ask exactly
what the
express warranty will cover. If it doesn’t cover
anything that
isn’t already covered in your statutory warranty,
there is no
point handing over the extra cash. For further
information,
see
Warranties and Refunds.
Reprint taken from the ACCC consumer express — April 2005