Issue Date:  -  Friday, 31 May 2002

New car warranties and servicing.

The Department of Consumer and Employment Protection is often asked the questions:

* Do I have to take my new car back to the selling dealer to get it serviced? and
* If I get my new car serviced by my local mechanic will my new car warranty be voided?

The Consumer Protection Commissioner Patrick Walker advises that there are two very important issues raised by these questions.

“Generally speaking consumers are not obligated to have their vehicle serviced by the dealer they bought it from, however purchase contracts and warranty guarantees sometimes contain terms and conditions which relate to specific servicing arrangements”, Mr. Walker said.

In general terms, new vehicles sold today are provided with two levels of protection or guarantee.

In all instances, products are covered by both State and Federal legislation that requires that the product is free from defects that may cause it to become unmerchantable. This level of protection cannot be waived or voided by a customer’s actions unless they are the actual cause of the fault.

Claims against manufacturers will center on the fault with the product, whether this leads to the product becoming unmerchantable and depends on what use the customer has made of the product.

In addition to these statutory requirements, manufacturers generally provide additional express (written) undertakings as to performance and guarantee periods. These additional benefits are provided by contract with the purchaser and can be subject to the client complying with certain terms and conditions. This often includes conditions about servicing by authorised outlets.

“It is important for anyone buying a new car to understand the implications of correctly servicing the vehicle”, the Commissioner said.

If the terms of an express warranty (written warranty - usually the vehicle’s service book) are not followed, then benefits such as extended warranty periods of (for example) five years or 100,000kms may be lost.

These benefits should be weighed up against the savings that might be made by servicing the vehicle somewhere cheaper. While consumers are still entitled to claim for a manufacturing defect, these can sometimes be difficult to prove. It may be necessary to show that the correct fluids, filters, adjustments or parts were made at the correct time to succeed in proving that the fault was caused by a faulty part or installation of that part during manufacture.

Information and advice on vehicle purchasing is available state-wide for the cost of a local call by telephoning 1300 30 40 54 or by going online at www.docep.wa.gov.au <http://www.docep.wa.gov.au>