New Car Servicing

There was a time when it was difficult to go anywhere other than a dealership to get a car serviced when it was still within its manufacturers warranty period. This has changed.

Repairs under warranty

Where a problem arises with the vehicle that is covered under the warranty, the vehicle should be taken to the dealer for repair. Those repairs should be done for free of charge under the warranty.

New and Used Car Servicing

In relation to general servicing, motor vehicle dealers are entitled to insist that any servicing performed on cars they sell is carried out by qualified staff, according to the manufacturer’s specifications, and using genuine or appropriate quality parts where required. Provided these conditions are met, regardless of where you choose to get your car serviced, your warranty will remain intact.

Genuine or Appropriate Quality Parts

The issue here is not who manufactured the part/s, it is whether the part/s are fit or appropriate for the purpose intended. If a part is non-genuine, but is interchangeable with the genuine part, it could be seen as being fit or appropriate for the purpose and would therefore not void the manufacturer’s warranty. However, it must also be noted that should the part/s installed fail or not perform satisfactorily, the consumer then has rights against the fitter and/or manufacturer of those replacement parts. If the non-genuine part fails, and causes some other damage to the vehicle, the dealer and vehicle manufacturer will not be liable for damage caused by the failure of that part.

ACCC extracts

The information below on New Car Warranties is extracted from the Australian Competition and Consumer Commission (ACCC) publication, Motor vehicle sales & repairs – an industry guide to the Australian Consumer Law 16 August 2013.

Page 9 states:

Warranties against defects may set out requirements
that consumers must comply with. For example, a
warranty against defects on a motor vehicle may require
the consumer to ensure any servicing is carried out:
> by qualified staff
> according to the manufacturer’s specification
> using appropriate quality parts where required.

Page 14 states:

Choice of repairer under the consumer guarantees
Consumers are sometimes confused about the
differences between the consumer guarantees,
warranties against defects and extended warranties.
This is especially the case when dealers and
manufacturers make broad statements that
consumers will ‘void their warranties’ or similar if they
go to an independent repairer (for example, a repairer
who is not affiliated with the manufacturer or part of
the manufacturer’s network).
Any suggestion by car manufacturers or dealers that
motor vehicles need to be serviced at a licensed dealer
to maintain the owner’s consumer guarantee rights is
not correct.

For the full publication on new car warranties please click here ACCC.

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