Action Motors Cannington - Statutory Warranties - (not fishing related)
Submitted by Adam Gallash on Wed, 2011-03-16 11:23
Hi Guys,
My missus and I recently bought an 05 prado, anyway, its still within its statutory warranty period (by a week) and the air conditioner compressor has gone in it (bout 1k Exxy prices to fix). My mechanic has rung the dealer and they have rejected it saying that its not covered, thought I would just check if anyone knows who I should contact to see if they are just trying to get out of it by a bit of fast talk. Can anyone provide any links to the govt website, or a number to call or does anyone know the legislation enough to know whether its covered or not?
Any help appreciated,
Adam
____________________________________________________________________________
Site Admin - Just ask if you need assistance
The_Wanderer
Posts: 735
Date Joined: 24/09/08
Contact the MTA adam they
Contact the MTA adam they love dealling with Dodgy deallers. Also try consumer protection and dept of fair trading. http://www.mtawa.com.au/Contact_Us
Brucesta
Posts: 1721
Date Joined: 29/05/09
i would have thought it would
i would have thought it would have been covered. mate just had his centre diff in his prado drop it's guts and the dealership is happy to help there. minister of fair trading or the ombudsum for fair trading could tell you pretty quickly. all i can say is get on to it ASAP or get email conversation with dates on the correspondance for proof fo trying to sort the issue
Las Vegas - Rolling the dice and trying your luck. 1M+ Barra summer target. 100kg Black Marlin winter target
Brucesta
Posts: 1721
Date Joined: 29/05/09
http://www.commerce.wa.gov.au
http://www.commerce.wa.gov.au/ConsumerProtection/Content/Motor_Vehicles/Buying_and_selling/Buying_a_vehicle/Used_vehicle_%28statutory%29_warra.html
looks like they have to fix it according to this
Las Vegas - Rolling the dice and trying your luck. 1M+ Barra summer target. 100kg Black Marlin winter target
Adam Gallash
Posts: 15610
Date Joined: 29/11/05
Doh
Not covered as its not critical to the car in terms of making it unroad worthy. Fuggin not impressed, tried ringing the dealer to see if they would come to the party in any sort of way and pretty much told its not going to happen.
Site Admin - Just ask if you need assistance
Ben Derecki
Posts: 1926
Date Joined: 10/10/07
call anyway
Adam I'd give Consumer Protection / Commerce a call anyway. Warranty protection for consumers has recently been given a boost under the Commonwealth's new Australian Consumer Law which has quite specific provisions regarding warranties. I don't know how it relates to motor vehicle dealers and second hand cars but it might be that the info on the page Brucesta provided is out of date (noticing on the bottom of the page it was last updated in 2008).
carnarvonite
Posts: 8627
Date Joined: 24/07/07
Licencing authority
Check with the local vehicle licencing centre, if something is fitted to a vehicle it must work or it cannot be licenced, therefore essential. Not 100% sure, but remember it from somewhere
Seaquest
Posts: 1132
Date Joined: 22/10/09
Got ripped off by these
Got ripped off by these pricks a few years ago. Not going into details but I learnt a lot about buying a car and what to look out for in a contract.
hlokk
Posts: 4290
Date Joined: 04/04/08
Unforunately not the best way
Unforunately not the best way to learn it Brendan, but better than not learning it at all i guess. Hopefully neglect for their customers service will see them headed the same way as your compressor Adam.
With the non-critical parts, how was the warranty worded. I think some cars have a 3 year warranty + 10 on powertrain, so something like an aircon compressor would be covered in the first but not in the second. However, if it said 5 year warranty and no indication that certain parts werent covered after a certain time then thats a little different.
dkonig82
Posts: 2091
Date Joined: 06/07/10
The terms of the statutory
The terms of the statutory warranty are (as name suggests) governed by statute/legislation, so there wont be any terms or contract to check the wording of.
The link that Brucesta provided has a summary, says that it excludes "accessories", which would cover air conditioners.
So unfortunately might be out of luck!
Pretty surprising for it to give up the ghost so soon though. 5 years is not a long time for Toyota Tough!
Dan
When asked by a non-fisherman 'how many fishing rods do you really need?' the correct answer is either:
n+1 (where n is the number of fishing rods you currently own); or
n-1 (where n is the number of fishing rods which would cause your significant other to dump you.
hlokk
Posts: 4290
Date Joined: 04/04/08
I read that, but I took
I read that, but I took 'accessories' to mean additional things to a standard car. E.g. anything 'aftermarket' including when added at the dealers. I would not think that the airconditioning system would be considered an accessory as it is not able to be 'added' to the car and is an integrated part of the standard car. Its not something like a dealer fitted reversing camera, bull bar, mud flaps, carpets, etc. There will definitely be a definition of accessory somewhere, and if it could conceivably cover the air con compressor, then you would have a case to argue that it should be covered.
dodgy
Posts: 4563
Date Joined: 01/02/10
It's only the last few years
It's only the last few years that air cons have been factory fitted in landcruisers. They were always dealer fitted.
Does anyone know where the love of god goes, when the waves turn the minutes to hours?
hlokk
Posts: 4290
Date Joined: 04/04/08
In a Prado though? Surely
In a Prado though? Surely they had aircons from day 1. To me, an accessory is something you can add on, and if the aircon is part of the car as it came from the factory, its not an accessory. In the case of dealer fitted aircon, then it would be covered under a separate warranty I would think (which almost certainly wont extend 5 years).
dkonig82
Posts: 2091
Date Joined: 06/07/10
Nah unfortunately it doesn't
Nah unfortunately it doesn't matter if it came fitted factory or not.
Basically the Motor Vehicle Dealers Act says they dont have to fix a 'prescribed accessory'. If you go to the regulations there is a list of these. One of which is 'Refridgerated airconditioning units'.
Also doesnt cover stereos.
Bit of a pain but that is what the law says unfortunately.
When asked by a non-fisherman 'how many fishing rods do you really need?' the correct answer is either:
n+1 (where n is the number of fishing rods you currently own); or
n-1 (where n is the number of fishing rods which would cause your significant other to dump you.
hlokk
Posts: 4290
Date Joined: 04/04/08
Utterly ridiculous that a
Utterly ridiculous that a piece of standard equipment for practically all cars is counted as an 'accessory'. If its a manufacturers power train warranty, then fair enough, but it sounds like the dealers warranty is exactly that without making it clear that that's pretty much all it is. The stereos bit isnt as surprising.
Makes you wonder if it was from when air conditioning was not standard equipment to all cars. I wonder what would happen if seat belts werent covered and one failed during a crash during warranty...
dodgy
Posts: 4563
Date Joined: 01/02/10
Action Motors? Well they are
Action Motors? Well they are consistant I suppose. I got ripped there around 10 years ago.
Been to court a few times since then for trying to rip others off as well. Pop up in the papers a bit.
Does anyone know where the love of god goes, when the waves turn the minutes to hours?
Tony Halliday
Posts: 2500
Date Joined: 14/06/07
Adam,you want the number of
Adam,
you want the number of my Bounty Hunter???? lol..
(only joking, ducks for cover before being banned...lol..
)
Tony Halliday: ~Meals on Reels ~
It takes a strong fish to swim against the current. Even a dead one can float with it
"It is always in season for old men to learn." Aeschylus (525-456 BC)
"In a mad world only the mad are sane." Akira Kurosawa (1910-1998)
81macca
Posts: 270
Date Joined: 02/07/09
Used car warranties or extra
Used car warranties or extra warranties arn't worth the paper they are written on! Anything that is likely to fail is not covered and when major failures do occur they have ways of avoiding it. Have had a bit to do with Major Motors sold cars as I used to work on light vehicles DO NOT BUY OFF THEM! Ningaloo Auto Repaires go see Travis great mechanic.
I actually fish.
wazzbat
Posts: 977
Date Joined: 19/01/10
That really sucks. I was
That really sucks. I was paranoid about buying my Patrol from a car dealer but fingers crossed, luckilly 18 months on, haven't had a problem. Maybe because it's a Nissan
. It's no wonder used car salesmen have such a bad rep? At least a few people on this site will see how that particular car dealer looks (or should I say doesn't look) after their customers.
I fish for the future - Cause I can't bloody catch anything!
deezydee
Posts: 109
Date Joined: 05/12/10
Adam, a few big placards,
Adam, a few big placards, and a few mates parading them out the front on a Saturday morning " dodgy dealers-buyers beware" etc should get the right responce fairly quickly. As long as you don`t defame anybody you should be fine, telling the truth won`t get you into strife.
meersy
Posts: 278
Date Joined: 20/04/10
I recently bought a prado
I recently bought a prado from grand toyota.Been a ripper of a vehicle.I looked at action mtrs for a car but was suss on the fact that just about every one of there vehicles have log books and are low kms.I paid for a extended warrenty that covers everthing except for drive train.How often do toyotas drive train fail.Hardly ever but it always seems to be the small things that fail that shit ya.Its quite obvious that action mtrs dont give a shit about good will.
Brucesta
Posts: 1721
Date Joined: 29/05/09
mate just did a centre diff
mate just did a centre diff on his 08 prado last week, only had it 3 weeks too but the dealer is covering it under the stat warranty
Las Vegas - Rolling the dice and trying your luck. 1M+ Barra summer target. 100kg Black Marlin winter target
Simo_
Posts: 1843
Date Joined: 13/11/06
You should have told them you
You should have told them you run a forum and if they don't fix it you will tell everyone how bad they are. Word of mouth is the best way to get back at them...
Bring on April
botti
Posts: 106
Date Joined: 24/04/10
Adam give Autocool a call
They specialise in compressors im sure the compressor will be heaps cheaper then that. They also do recon ones to ive used them heaps and worth the call 9328 1228
Adam Gallash
Posts: 15610
Date Joined: 29/11/05
Shit
Sounds like a few people have had tough dealings with Action Motors.
I wrote them this letter:
Good morning,
In reading your website, I see that your motto is "At Action Motors, we're committed to you". This an encouraging sentiment and I trust your company is committed to it.
Two days prior to Christmas 2010, I purchased a 2005 Toyota Prado GXL Landcruiser from Action Motors, in which the air-conditioning compressor failed after two weeks. I assumed this would be covered under the 3 month statutory warranty but on ringing your service manager to book the car in, I was advised that it is not covered. As you can imagine, I am gutted about this but accept that it is fact.
I paid $40,000 for the Prado, not an insignificant amount, the car is still within warranty, the 100 point check clearly states that the airconditioning is working and I certainly expected with Action Motors' reputation, to own the car for years before being required to spend any money on repairs.
While I realise you have no obligation to do anything, I am hoping that your public statement "Our commitment to customer service has enabled Action Motors to establish an excellent reputation for almost over 25 years. We value our customers because we value our own reputation" will encourage you to do the ethical and right thing in helping to repair and/or replacing the airconditioning compressor.
I look forward to your favourable reply.
The response was by phone; if you had brought it in 2 weeks after it happened then it wouldn't be a problem, but seeing as its 2.5 months its not a fair and reasonable time period and we have to draw the line some where. Even though a statutory warranty is 3 months and so is the warranties they offer, isn't that a fair and reasonable time period?? When it first started I just thought it was the belt requiring tightening and when it came to service time it would be ok, but its got progressively worse and now the news is bad. The car has done 2350kms since bought at Christmas and 1250kms of those were driving it back to Exmouth.
Ahh well, not much that can be done, just hopefully any one out there reading this will give a few second thoughts to buying a car from this mob.
Cheers,
Adam
Site Admin - Just ask if you need assistance
West Coast
Posts: 331
Date Joined: 10/12/07
Advertising
Hi Adam,
I have a very good friend who has had a car yard in Vic Park for 20 years. I ran your little problem past him. I asked him if your air con is covered under the statutory warranty. He said Yes - if your car was advertised as having air con!! There is an angle for you.
Hope it helps.
Cheers
dodgy
Posts: 4563
Date Joined: 01/02/10
I will be driving past there
I will be driving past there a couple of times today. Want me to fling a couple of bricks their way?
Does anyone know where the love of god goes, when the waves turn the minutes to hours?
Paully
Posts: 3246
Date Joined: 15/08/09
Small world
was / am going there Tuesday at this stage, with my Bro who will be looking at a Landcruiser. Going to be a short visit - and I'll let them know why.
Adam Gallash
Posts: 15610
Date Joined: 29/11/05
Feel free
Feel free Paully, hopefully the $1000 they didn't want to pay to do the righty will cost them a lot more than that in the long run.
Unfortunately I don't have the ad anymore West coast, wish I did though. :(
Site Admin - Just ask if you need assistance
hemi
Posts: 349
Date Joined: 17/01/10
UNFORTUNATLY one of the
UNFORTUNATLY one of the salesman there is seeing my wifes godmother ......was his name joe by any chance??
if so i could have a word to him
trailcraft_tony
Posts: 75
Date Joined: 15/12/09
Sorry to say but I know them
Sorry to say but I know them for quite a few years back when they were much smaller and I would have to say it does not surprise me in the least. They were always ripping people off and dont seem to have changed at all in the last twenty years that I have know that company. I for one would not buy a car from them even if it was the perfect car that I was looking for but then thats just my opinion.