I guess this is a yes or no answer, and I rather expect it to have been done to death already. Apologies, could not find it.
Bought a used car 24th May. Today suspect an expensive problem. I am within six months, just.
When the car was bought, the dealer mentioned (and kept mentioning) that his warranty was for six months or six thousand miles, whichever comes first. I have exceeded six thousand miles.
Am I right in thinking that under latest Sale of Goods (since March 2003) he still has to show the fault wasn't there at time of purchase, or fix it, irrespective of his imposed mileage limitation?
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sorry,but I.M.O you are outside the terms of the warranty you accepted at the time of purchase,and as so the warranty is now void.can't see the dealer has any "legal" obligation to solve or re-imburse your unfortunate problem.
billy.
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Ta. I think I'd argue it's not possible to enforce a contract that reduces statutory rights though?
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hi dipstick,
the reply i posted,was based purely on *my opinion*- if i was in your position,i personally would expect to have to resolve problem myself,however, i'm not fully up to speed on statutory rights,but know that *goods supplied have to be fit for the purpose* (which is possible they were at time of purchase)how you would go about proving they weren't i don't know.
i cant see that it would do any harm in trying to argue with them,apart from "strained relations",so if you feel strongly enough about it,and believe 100% in your cause -go for it! and good luck!.
billy.
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The warranty from the dealer is in addition to your statutory rights so you can ignore the limitations that the dealer warranty imposes. I don't think you could expect the dealer to pay for the whole cost of the repair of the fault as 6k miles is quite a distance to have covered even under latest Sales of Goods. It would also depend on the age of the car and the nature of the problem as to what should be considered to be a fair settlement. I would talk to your local trading standards and see what they think and also get an estimate of the repair cost.
teabelly
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sorry teabelly,
could you explain in a bit more depth? i seem to be 10watts short of a 100w lightbulb in understanding the relationship between statutory rights and dealer warranties here.
are you saying it doesn't matter what limitations dealers put in their warranties as statutory rights over-ride them? if so,why do they include them?
(bewildered)billy.
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Simple really - statutory rights are what you are entitled to in law. No matter what else a dealer / company offers these are the very minimum rights you have.
Many companies offer more. Some try and get away with suggesting you have less in the hope that you will take what they say as gospel and don't actually know your legal rights.
As for the original query, I get the impression (but again TS will give you the full low-down on this) that this law only covers failures that should reasonably have been known about at the time of purchase or would not be expected to occur under normal (reasonable) conditions. They have to be reasonably fair on the trader as well - you can't expect them to rectify every failure no matter how the car is driven or how far.
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Interesting. You make reasonable points (for what it's worth the problem is about £500 to put right, it's well known, I've done 9K, and the car is outside manufacturer's warranty so no help from them will be forthcoming). However, does the legislation say "six months or a reasonable mileage" or is there no mention of mileage, in which case you could do a billion miles in five and a half months and still claim, which would be patently unfair.
I don't intend to make life difficult for the dealer, who has a living to make, but equally I don't intend to pay £500 if I can
say reasonably say "sale of goods" and he will do it for nowt!
I think I'll stop bothering you good folks and go Googling for the definitive answer. If I find it I'll post it.
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