Cars and Consumer Guarantees Act

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eracode

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#240095 20-Aug-2018 15:31

A friend’s VW Polo is three years and 11 months from new. She bought it new i.e. is the only owner.

The little electro-mechanical solenoidy-thing that releases the fuel fill cover is faulty - it doesn’t release the cover when you unlock the car - so you can’t get the cover open. It seems this part needs to be replaced.

The car is outside the manufacturer’s warranty period but I’m wondering whether this covered by CGA. I would have thought a part like that should last longer than four years. Reading up on CGA online, it appears cars are covered just like any other goods.

Would welcome comments or advice.

Thanks.

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Networkn
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#2076311 20-Aug-2018 15:33

It is covered by the CGA.

Goods must be suitable for purpose for a reasonable period of time. It's not a consumable item fault.

eracode

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#2076313 20-Aug-2018 15:35

networkn:
It is covered by the CGA.

Goods must be suitable for purpose for a reasonable period of time. It's not a consumable item fault.

Thanks. Is my thinking that the part should last longer than four years reasonable?

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networkn

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#2076317 20-Aug-2018 15:40

100%. It's not a consumably, nor a particularly high "traffic" item.

Tell her to go back and politely but firmly insist they fix it free of charge.

robjg63

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#2076320 20-Aug-2018 15:41

Work out how often it has been filled with fuel. How many times has it been activated?
You would expect it to last for a 'reasonable' length of time.

Nothing is impossible for the man who doesn't have to do it himself - A. H. Weiler

eracode

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#2076337 20-Aug-2018 15:50

The car has done 38,000 km in four years - not high mileage, so not excessive number of fills by any means.

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RunningMan

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#2076342 20-Aug-2018 15:52

It's also a significant failure, as it prevents the car being used if you cannot refuel it.

SheriffNZ

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#2076345 20-Aug-2018 15:54

My wife and I have been wondering on this very topic. We're looking at purchasing a new car (Pajero Sport) from Mitsi. The warranty offered by Mitsi is pretty good but is it worth the premium over a used car (2016/2017) from the dealer?

I guess it's somewhat a subjective thing, but if the CGA covers most things, then the warranty is value is largely in the lack of argument to be had if there is an issue.

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mdooher

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#2076389 20-Aug-2018 17:51

RunningMan:

It's also a significant failure, as it prevents the car being used if you cannot refuel it.

I used the "Substantial failure" augment on a car once. The steering angle sensor was faulty meaning the stability control was not working...safety issue, and so the car was not roadworthy, therefore could not be driven = Substantial failure... yep got a new sensor (needed a whole new steering cluster).

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#2076390 20-Aug-2018 17:55

That fault is a fault. Things fail sometimes. It is a minor fault.

The warranty conditions are an acceptable remedy for this type of issue, and a CGA claim is very likely to be unsuccessful. Based on the information provided.

Your friend should progress a claim though, and report back.

RunningMan

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#2076395 20-Aug-2018 18:16

BlinkyBill: That fault is a fault. Things fail sometimes. It is a minor fault.

Given the discussion is about the CGA, perhaps see what that says about minor vs substantial failures.

Failure of substantial character

For the purposes of section 18(3), a failure to comply with a guarantee is of a substantial character in any case where—

(c) the goods are substantially unfit for a purpose for which goods of the type in question are commonly supplied or, where section 8(1) applies, the goods are unfit for a particular purpose made known to the supplier or represented by the supplier to be a purpose for which the goods would be fit, and the goods cannot easily and within a reasonable time be remedied to make them fit for such purpose; or

Source

Goods of the type "car" are commonly used to drive around in. A car that cannot be refuelled would be unfit for this common purpose, which would suggest that this is a substantial failure.

BlinkyBill

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#2076533 20-Aug-2018 22:27

Dude, if the actuator on a fuel cap fails on a polo, you can still manually open it and fill the car - it is almost easier than opening a manual fuel cap on another car. The actuator takes 5 minutes to replace with the part, assuming you have the correct tools. This is hardly a major failure.

eracode

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#2076570 20-Aug-2018 23:47

BlinkyBill: Dude, if the actuator on a fuel cap fails on a polo, you can still manually open it and fill the car - it is almost easier than opening a manual fuel cap on another car. The actuator takes 5 minutes to replace with the part, assuming you have the correct tools. This is hardly a major failure.

Wrong. There is no way to manually open it.

And I’ve seen a ‘how to’ video on Youtube - replacement is not a five-minute job and does not require ‘correct tools’ - only a screwdriver.

Troll much?

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Aredwood

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#2076578 21-Aug-2018 01:16

Have you been back to the dealer yet, did they refuse to fix for free? Or are you just asking for advice at this stage?

How many Km is /was the car warranted for? As if that distance hasn't been driven yet, that would be in your favor. As it is unlikely that the fuel door lock would wear with time. (mainly distance). And would be unlikely to be affected by someone driving the car in a rough manner.

Is there a procedure listed in the owners manual to manually open the fuel filler door if the lock fails? If there isn't, that would also point to your issue being a substantial failure.

I think that the dealer should fix under a compassionate basis. (regardless of the CGA) As you have owned the car from new, it is not far out of warranty, and you would have been unlikely to have contributed to it failing early.

eracode

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#2076580 21-Aug-2018 01:25

Aredwood: Have you been back to the dealer yet, did they refuse to fix for free? Or are you just asking for advice at this stage?

How many Km is /was the car warranted for? As if that distance hasn't been driven yet, that would be in your favor. As it is unlikely that the fuel door lock would wear with time. (mainly distance). And would be unlikely to be affected by someone driving the car in a rough manner.

Is there a procedure listed in the owners manual to manually open the fuel filler door if the lock fails? If there isn't, that would also point to your issue being a substantial failure.

I think that the dealer should fix under a compassionate basis. (regardless of the CGA) As you have owned the car from new, it is not far out of warranty, and you would have been unlikely to have contributed to it failing early.

Have not approached dealer yet - it only arose late yesterday afternoon.

Warranty was three years or 45,000 km - whichever comes first.

No manual procedure for opening filler flap
.
Can’t fault the logic in your final para. Cheers.

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plod

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#2076586 21-Aug-2018 07:07

3 years or 45000km. Now that’s a car you can have faith in

3 years unlimited km.

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