Commercial law, litigation, contracts, IP, property law
I don't think that they have to replace the vehicle or buy it back. You've used it for the past 9 or 10 months or so. You are entitled to the issue being fixed. Obviously you don't want the problem to continue beyond the warranty period. Just keep your records and you might have to go public if the problem persists beyond the warranty period.
A friend of mine had issues with a new car that persisted past the warranty period and he ended up making a complaint in a Sunday newspaper before the company did anything serious to fix the issue.
I hope it doesn't get to this point with you.
It is possible that the DPF issues may be considered a " major failure " and that it causing the vehicle to be " unfit for purpose "
You have the right to seek a replacement or refund from a car dealership if your car has a major failure, but there may be an argument between you and the dealership about the term â€˜major failureâ€™.
If that fails, contact Consumer Affairs.
Hi Doogle since OP have found out that what you said is a good start, it is also a fact that the vehicle is unlikely to be compliant with Australian emission standards which is an interesting angle. Expect we will have a battle on our hands but will give it our best shot.....don't want to die wondering!!
I don't want to "rain on your parade" but just remember that effectively this is only an "intermittent" fault and hasn't precluded you from use of the vehicle most of the time. To be honest, I don't think the vehicle could be totally classed as un-fit for purpose.
I do hope that it works out for you. I had a similar incident with a motorcycle many, many years ago - the ECU failed every 10,000km and was replaced twice under warranty. I was young at the time and sold it as soon as the warranty ran out ie probably passed on the problem - and probably morally wrong. Technically I didn't sell it with a known fault because the dealer never found a root cause problem, and it had a new ECU when I sold it. The decision never kept me awake at night.