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outdoorsnz

674 posts

Ultimate Geek


#303969 24-Mar-2023 13:02
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Helping a friend on this.

 

This person has a cannon 4WD ute that has developed a critical fault. Something to do with the gearbox (auto), throttle control and also affects braking. So now not drive-able. Fault is covered under warranty.

 

Has taken a few weeks to get this diagnosed. They are saying something like 10 weeks or longer for part to arrive.

 

Person needs vehicle as critical time of the year for their contracting business.

 

They had provided a temporary loan vehicle. But here is the kicker. They've said we want the loan vehicle back end of week, we will offer you $$$ for your vehicle trade in on a similar vehicle but 2nd hand with 20Kms on the clock and cost to trade etc. Basically the same if he traded it fault free.

 

This was a brand new vehicle this time last year, and actually was a deal on the same make / model that he owned before this current vehicle, that also developed a major critical fault (not the same fault). So in that situation they offered him a brand new vehicle plus something like 4K to do the change over.

 

If he rejects their offer, and waits for repair, it is going to be very expensive to hire a 4WD ute! Over a $100 per day.

 

My feeling is that this should be covered under the CGA? Going to have to prove a case.

 

Thanks

 

 


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Kraven
729 posts

Ultimate Geek


  #3054149 24-Mar-2023 14:17
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IANAL. A quick Google and I've found some wording for the GWM Warranty Terms & Conditions.

 

 

Important Notice
Our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act. You are entitled to a replacement or refund for a major failure and for compensation
for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
No Warranty and nothing in this Warranty and Service Book limits the consumer guarantees under the Consumer Guarantees Act in any way.
In some circumstances your rights under those guarantees may be greater than your rights under the applicable GWM Warranty, in which case GWM.
will always honour your rights under the guarantees.

 

 

Bolding is mine. If the warranty for their vehicle states the above seems pretty clear to me that the dealer is trying it on. A full refund should be offered or if they stick to the repair route then compensation for the rental vehicle.


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