CGA - second opinions please

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Paul1977

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#302597 5-Dec-2022 10:44

Work colleague purchased a new $75,000 car with a 3 year warranty. At 3.5 years the aircon was no longer cooling. Dealer re-gassed it and replaced a seal, but 6 months later it needed re-gassing again. It's now been determine that to properly repair will cost $4,000.

Dealer says "out of warranty, you have to pay for repair".

I would have thought a failure like this after 3.5 years in a relatively expensive car should well and truly be covered by the CGA?

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Handsomedan

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#3005878 5-Dec-2022 10:54

Strange - I have had cars that have had very efficient and cool aircon 10years plus after manufacture.

I don't know what the CGA would prescribe as the lifetime of a gas-based aircon unit though.

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#3005879 5-Dec-2022 10:54

Yes covered by CGA esp since that issue is not one related to usual wear and tear.

wellygary

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#3005880 5-Dec-2022 10:56

Handsomedan:

I don't know what the CGA would prescribe as the lifetime of a gas-based aircon unit though.

The CGA wording is "reasonable"....

I'm fairly sure most people would not expect to have to replace the A/C in a new car after 4 years....

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#3005881 5-Dec-2022 10:57

I'd say the original problem was not resolved, so still falls under the warranty repair....... but yeah, CGA should apply - unless it was a company purchased vehicle......

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Paul1977

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#3005885 5-Dec-2022 11:04

xpd:

I'd say the original problem was not resolved, so still falls under the warranty repair....... but yeah, CGA should apply - unless it was a company purchased vehicle......

Private purchase. Warranty was 3 years, and failure was noticed at 3.5 years.

surfisup1000

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#3005902 5-Dec-2022 11:49

I believe your friends would win this in the tribunal quite easily. Assuming the sale qualifies under the terms of the CGA.

The dealer is of course going to say it is out of warranty. This is a planned tactic that deters a large proportion of valid CGA claims.

Just file it online, easy. They'll need an accurate quote for the repair cost first (can only ask for money in the tribunal). If repair costs exceed the awarded amount, you'll either need to get them to agree to pay the higher amount, or, back to the tribunal!

Most likely scenario is the dealer will settle before the hearing, or concede when told they are going to file with disputes.

Good thing is that this sounds very simple. If the dealership was sold since the car was purchased then things might get trickier.

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#3005911 5-Dec-2022 12:06

I have never spent more than $50k on a car and I have always been given a 5 year warranty as part of the package. I am surprised that a $75k car would only come with a 3 year warranty.

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#3005913 5-Dec-2022 12:09

100% CGA claim and if they refuse straight to the small claims court - No way I would be paying for that repair on a 75k car that is insane

Paul1977

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#3005914 5-Dec-2022 12:10

Thanks everyone. I thought it sounded pretty "open and shut", but good to hear most others agree.

natedog

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#3006008 5-Dec-2022 14:18

I think the better forum for having this resolved would be the Motor Vehicle Disputes Tribunal

There is also some useful consumer protection information here.

A warranty period does not negate existing statutory rights under the CGA.

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Paul1977

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#3006025 5-Dec-2022 14:46

natedog:

I think the better forum for having this resolved would be the Motor Vehicle Disputes Tribunal

There is also some useful consumer protection information here.

A warranty period does not negate existing statutory rights under the CGA.

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mattwnz

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#3006026 5-Dec-2022 15:05

Just get them to mention the CGA. See what they say, and try to get everything in writing. Got to wonder why they didn't properly repair it the first time, as it doesn't sound like they spent $4k to repair it last time. Guessing it isn't a Toyota. Our Rav is over 15 years old without any issues, and many mechanics will tell you to buy a toyota. Just a pity they are so far behind with EVs