New twist to Kuga outcry

FORD’S woes have increased as customers‚ already incensed by the car manufacturer’s questionable customer-care policies‚ are now being told by dealerships that once they sign an offer to purchase a vehicle they waive their rights under the Consumer Protection Act.

Capetonian Bradley Shewitz was told by the dealer principal of Imperial Ford Diep River‚ Gaven Osmond‚ he could not get his money back for his faulty 2014 1.6l Ford Kuga‚ purchased in August.

His vehicle is one of 4 556 Kugas being recalled across South Africa.

The recall‚ which affects Kugas manufactured between 2012 and 2014‚ was announced last week by Ford – under pressure from the National Consumer Commission, which was angered by Ford’s delayed response in dealing with 51 Kugas that caught fire in South Africa between December 2015 and this month.

One vehicle owner‚ Reshall Jimmy‚ burnt to death in his Kuga but the company insists this incident was different to other fires caused by coolant system problems.

Shewitz contacted the dealership about the fires last month and was told to bring his car in if it overheated. “Last week‚ after the recall announcement‚ I contacted the dealership‚ but no one would assist me.” Angered‚ he met Osmond. “I couldn’t believe his attitude after I told him that I wanted a full refund on a faulty vehicle. He said my problem is not his problem to resolve.

“When I told Osmond my rights were protected under the Consumer Protection Act‚ and that I was within the six-month period to return my car as guaranteed by the act and could either request a full refund or repair‚ he told me that when I signed the purchase agreement I waived my right to return the vehicle, Shewitz said.

Fearing for his family’s safety, he had the coolant system repaired.

Consumer protection lawyer Janusz Luterek said: “The act is in place to deal with the imbalance of power between the consumer and big business and entrenches consumers’ rights.

“For Ford to do this – waive a customer’s rights with the signing of a purchasing agreement – would be illegal.”

He said there was an academic debate on the refund section in the act but there were definite levels of defects where customers were entitled to return the product.

On offer-to-purchase forms of a vehicle there were certain terms excluded from the act, Osmond said.

“This is what all vehicle dealerships have on their offers to purchase. It is not just us.” – TMG Digital