Wheels (Australia)

LEGAL BACK-UP

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I WAS SURPRISED Cam Kirby’s Warranty Wars story (Wheels, May) did not mention the influence Australian Consumer Law (ACL) may have on extending motor vehicle warranties. As we [should] know, the ACL provides consumer guarantees for products purchased on or after January 1, 2011 and (1) cost up to $40,000 e.g. a small family car; or (2) cost more than $40,000 and was acquired for personal purposes, e.g. a Mercedes or BMW. The ACL provides consumer guarantees that protect consumers against unacceptab­le quality [major and minor failures] that apply regardless of whether a vehicle is covered by a manufactur­er’s warranty, an extended warranty, or if those warranties have expired. So, to use Cam’s example, if a new car is “blowing transmissi­ons at 130,000km”, four years after purchase and outside of the manufactur­er’s three year warranty, so long as the vehicle wasn’t used abnormally it would be considered a major failure, and its replacemen­t covered under ACL. So, even if BMW and Audi don’t follow Mercedes’ lead (or was it Kia’s?) they still need contingenc­y plans for extra parts they may require.

Stuart Boyd, Concord, NSW,

ACL is a powerful thing, Stuart, but claiming it can be exhausting – Ed

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