A Win For Consumers!

In a recent finding from the ACCC (Australian Competition and Consumer Commission), a dealer (which one is not of major importance) was found to have misrepresented to its customers that manufacturing faults may not be rectified because of non-dealership servicing, and that any rectification offered was from "goodwill" rather than admission of fault.

This is something we have seen specifically within our Workshop within the last 12-months.

Read an excerpt from the statement issued by the ACCC below (dealership name has been removed);

• [The Dealer] acknowledged that it misrepresented to some consumers that it had discretion to decide whether the vehicle owner would be offered a refund, repair or replacement for a car with a manufacturing fault, and that any remedy was a goodwill gesture, - ACCC Chairman Rod Sims said.
• [The Dealer] also accepted that some consumers were told that a remedy would not be provided because the vehicle had not been serviced by [the] dealer or with sufficient regularity, or as the vehicle was purchased second hand.
• The Australian Consumer Law includes consumer guarantees that provide remedies for major and minor faults in motor vehicles. The consumer guarantees operate separately to the manufacturer's warranty, and cannot be modified to require consumers to have their vehicles serviced by authorised dealers in order to obtain a remedy, - Mr Sims said.

[The Dealer] accepted that its conduct is likely to have contravened the consumer law....."

The Australian Consumer Law provides comprehensive protections for buyers, ensuring they receive fair treatment and recourse when purchasing motor vehicles. These protections, known as consumer guarantees, address both significant and minor issues that may arise with a vehicle. Notably, these guarantees function independently of any warranties provided by the manufacturer.

This means that even if the manufacturer's warranty imposes certain conditions, such as requiring maintenance only at authorised dealerships, these stipulations cannot override the consumer's rights under the law. Consequently, consumers retain the ability to seek resolutions for faults regardless of where their vehicle has been serviced, offering them greater flexibility and assurance in the maintenance and repair of their vehicles.