Major Fault in 4WD Truck

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outdoorsnz

674 posts

Ultimate Geek

#303969 24-Mar-2023 13:02

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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3552 posts

Uber Geek

Subscriber

#3054092 24-Mar-2023 13:05

If they are using it for business in a business setting (you've mentioned contracting business) then the CGA does not apply. You'd want to be looking over the Fair Trading Act as I understand it.

kobiak

1615 posts

Uber Geek

Trusted

#3054093 24-Mar-2023 13:08

Did they purchase car as a business? CGA won't apply. Did they use car for business purposes? CGA won't apply.

That's how I see it. But I'd still argue has developed major fault and should be fixed or money back... not sure on what grounds :D

helping others at evgenyk.nz

scuwp

3885 posts

Uber Geek

#3054097 24-Mar-2023 13:12

As mentioned, as a business CGA doesn't apply. Your friend needs to look at the warranty details that came with the vehicle. If a negotiated agreement isn't possible then if the dealer is an MTA member they have a moderation service that could help, otherwise it will be off to the disputes tribunal.

Lazy is such an ugly word, I prefer to call it selective participation

outdoorsnz

674 posts

Ultimate Geek

#3054098 24-Mar-2023 13:14

lxsw20:

If they are using it for business in a business setting (you've mentioned contracting business) then the CGA does not apply. You'd want to be looking over the Fair Trading Act as I understand it.

Commercial so yeah unfortunately CGA won't apply. Has a manufactures warranty.

outdoorsnz

674 posts

Ultimate Geek

#3054110 24-Mar-2023 13:31

scuwp:

As mentioned, as a business CGA doesn't apply. Your friend needs to look at the warranty details that came with the vehicle. If a negotiated agreement isn't possible then if the dealer is an MTA member they have a moderation service that could help, otherwise it will be off to the disputes tribunal.

Only thing I can think of under the fair trading act is pressure tactics - i.e crap trade price (you know they will see it the next week for way way more) and $12K to change to a 2nd hand vehicle (slight jump in the model) with KM's on it. At this stage, the only option to try and negotiate a better deal... They have him over a barrel in terms of timing.

Linux

11391 posts

Uber Geek

Trusted

Lifetime subscriber

#3054114 24-Mar-2023 13:36

GWM Ute need I say anything else you get what you pay for!

wellygary

8312 posts

Uber Geek

#3054131 24-Mar-2023 13:55

I'd look to talk to his insurance company and see if they will cover the cost of the rental replacement , while the vehicle is out of service...

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outdoorsnz

674 posts

Ultimate Geek

#3054134 24-Mar-2023 13:59

Linux:

GWM Ute need I say anything else you get what you pay for!

It is a very nice ute. Your comments are not helpful here at all and just plain annoying! In my experience, "all makes and models", develop major faults no matter what the cost etc.

outdoorsnz

674 posts

Ultimate Geek

#3054136 24-Mar-2023 14:00

wellygary:

I'd look to talk to his insurance company and see if they will cover the cost of the rental replacement , while the vehicle is out of service...

Thanks we will look into that :-)

mdf

3513 posts

Uber Geek

Trusted

#3054137 24-Mar-2023 14:01

The CGA is a bit more nuanced than business/not for business.

The CGA applies by default to goods of a kind usually used for personal, domestic or household use (CGA, definition of "consumer").

e.g., standard notebook = CGA applies, regardless of whether its for personal or business use. Cray Supercomputer = CGA probably doesn't apply, even if you're putting in your overkill homelab.

However, further nuance, you can contract out of the CGA if a B2B transaction.

e.g. standard notebook + term of the contract that says CGA does not apply, then CGA does not apply.

There is even more to it than that - see further https://www.consumerprotection.govt.nz/guidance-for-businesses/solving-problems-with-suppliers/faulty-goods-and-services-bought-by-businesses/, but (unless there is an express contractual term or it is a particularly extreme truck) I wouldn't the CGA claim without checking whether the terms of sale exclude the CGA.

CGA does provide quite a bit of flexibility about remedies, though I would be pretty surprised if anyone is able to make a claim for consequential loss of business income due to a truck being unavailable.

Given the relatively high value nature of the goods, it may well be worth seeking legal advice on this one.

Kraven

729 posts

Ultimate Geek

#3054149 24-Mar-2023 14:17

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.

Inphinity

2780 posts

Uber Geek

#3054150 24-Mar-2023 14:25

Kraven:

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.

It also says

What is Covered?
Within the Warranty Period, GWM will repair or replace (at its discretion) at any of its GWM Service Centres, any original equipment found to be defective under normal use and
operation in New Zealand.

outdoorsnz

674 posts

Ultimate Geek

#3054157 24-Mar-2023 14:47

Kraven:

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.

That is very helpful thanks :-) Will read more into that and quote that when we talk to the dealer.

tweake

2391 posts

Uber Geek

#3054186 24-Mar-2023 16:14

outdoorsnz:

Linux:

GWM Ute need I say anything else you get what you pay for!

It is a very nice ute. Your comments are not helpful here at all and just plain annoying! In my experience, "all makes and models", develop major faults no matter what the cost etc.

actually hes got a good point.

i would try to get a refund. no idea what contracting he does but you always want a reliable vehicle. when buying bottom brands reliability is always questionable. they are simply higher risk. not saying this model/brand is bad, just higher risk.

tchart

2379 posts

Uber Geek

ID Verified

Trusted

#3054187 24-Mar-2023 16:21

Linux:
GWM Ute need I say anything else you get what you pay for!

Yeah not so helpful.

I own the other Chinese Ute (LDV) and have had no major issues - almost 5 years now.

Based on the Facebook pages I belong to all car/Ute brands have issues including the “bullet proof ones” like Hilux have major failures.

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