So I went to a fair trading seminar

[Bug_racer]

I found it interesting how they are trying to regulate the industry more and are actually fining people for things they just guided people before .



As a mechanic after doing a 4 year apprenticeship you have to apply for a license , they dont actually just give it to you .

They are thinking of doing a blanket ban on any car thats driven at a track , eg once its on a track no warranty on any drivetrain / engine related parts (no chance to get a hearing with the Consumer tenancy tribunal)

Unlicensed workshop / repairer receiving $10k fine . Anyone caught working or carrying out repairs on a car for profit or fitting parts that they sell (if they are a parts seller) . They said you dont need a license to sell parts although they did mention product liability and insurance - which basically means anyone who sells a part is liable for the warranty on it and not the manufacturer/importer (a new law for this was passed on Jan 1 2011)

They will be doing an audit of all workshops/dealerships/spray painters etc over the next few months area by area ( I had one done about a year ago so Im sweet )

There will be a national repairable write off vehicle register in the next month or 2

The biggest interesting thing which I found out is how they go about catching people . They will be using the internet more to find people who are doing this as most complaints from w/shops are the use of forums to attract work . I guess they are moving with the times , and a $10k fine will boost the government coffers !

Also this applies to NSW only , I dont know about other states .

[DeanB]

They are thinking of doing a blanket ban on any car thats driven at a track , eg once its on a track no warranty on any drivetrain / engine related parts (no chance to get a hearing with the Consumer tenancy tribunal)

Also this applies to NSW only , I dont know about other states .

Driven on a track ? How will that affect the Advanced Driving courses that are held at race tracks, as well as the effect on car clubs ? To simply void a warranty as soon as a car is taken onto a track is absurd.

[mikinoz]

Sadly unless they now require vin numbers to register at a track, I can't see how this can be policed without an invasion of privacy.

I agree there needs to be better industry regulation though.

[team_v]

The silly thing is that forcing a loss of warranty will push more people onto the streets to drive agressively instead of allowing them to do it in a safe area.

[tassie_euro_mk1]

Interesting stuff mate. Im a mechanic at a dealership (Mitsubishi and Mazda) and it will be interesting to see if these regulations get passed down to Tasmania. Would of been a good seminar to go too.

So far we havnt had any problems with Track day cars and warranty. Our biggest issue I guess is costumers buying new cars from us, getting the first free service done by us and then we don't see them until they want a warranty claim when something goes wrong, a lot of the time the problems were caused by other workshops.

Mazda has released its new iStop engine. Independent workshops or other non-Mazda Dealerships without the Mazda Diagnostic System who attempt to diagnose or repair this particular system (electronic issues rather than mechanical) may result in warranty claims back to us. But anywho time will tell and we'll see what will happen. Soon the day of backyarders will disappear. Clearly the aim for manufactures.

[gareth_oau]

They said you dont need a license to sell parts although they did mention product liability and insurance - which basically means anyone who sells a part is liable for the warranty on it and not the manufacturer/importer (a new law for this was passed on Jan 1 2011)

.

Which pratt thought this one up?

I can see a whole swag of problems:

1/ retailers margin will have to go up if the retailer is now liable for warranty
2/ wholesale import price isnt going to come down just for the (relatively small) australian market, so overall the consumer will pay an overall higher price for the goods.
3/ if a product fails within its normal warrantly period, I have to hope to hell that the retailer is still in business?
4/ If i move state, do i have to shift the goods all the way back to where i purchased it in the hope of making a claim?

[huss]

The silly thing is that forcing a loss of warranty will push more people onto the streets to drive agressively instead of allowing them to do it in a safe area.

Its a win win in the revenue department, They fine you 10K if you enter the track, they catch you on the streets and they fine you.

[kaanage]

They should add warranties being void if you do mods to your car - that's Barloworld Moorabbin, VIC's policy already.

[Drift]

Regarding a retailer being responsible for warranty of the products they sell, this is nothing new. It's always been the case, only that retailers relied upon the ignorance of consumers when pointing them towards manufactures/distributors for warranty claims. Provissions under the new Australian Consumer Law (ACL) which replaces the old Trade Practices and Fair Trading Acts of all states and territories, makes this point much clearer. Essentially, a consumer as a right to remedy from the retailer they purchased the product. That retailer in turn has a right to remedy from their supplier and so on. As such, this shouldn't impact on pricing at all.

[Tim]

also in regards to the licenced workshop/repairer dont quote me but im pretty sure that only applies to WA and NSW. Best to check with your local consumer/fair trade office if youre worried.

[gareth_oau]

When you purchase an FPV, included in the price is an advanced driver training day at the track, done by John Bowe. This is at odds with what is being suggested

[DeanB]

When you purchase an FPV, included in the price is an advanced driver training day at the track, done by John Bowe. This is at odds with what is being suggested

Works perfect for Ford :

Here's your new car, hurry along and book your track day. A letter from Ford a week after completing the course with a course certificate and a letter stating you are no longer covered by warranty !

The manufacturers can make some money out of this

[Bug_racer]

Wow , Im guessing people arent reading contracts when they buy new cars !

Driver training days are not track days . Unless someone can tell me they have started timing cars around a course on a driver training day then I'll stand by the two being different . This is also only being discussed , the actual current law is based upon the individual contract signed at the dealership . So if you have a driver training day or track day sold with the car then its part of the contract . If you havent signed a contract with this in writing and you decide to do the Bathurst 12 hour in a new car and the gearbox breaks halfway through the race , you cant go off and claim one under warranty . Also people must remember that warranties are at the dealership/importers/manufacturers discretion . They are supplying you with replacement parts based upon failure under normal driving conditions , if they have evidence that the car was driven beyond that then they dont have to replace anything . If they have photos of you racing at a track day then forget about going to fair trading for a warranty denial claim .

The other law that was passed isnt about the retailer paying for warranty items , its about the retailer being responsible for all goods sold . So if Harvey norman sells you a Samsung TV and it stops working , they have to repair/give you a new item and not send you to Samsung to get it repaired/replaced there

When I get a chance I'll type up my contract to show that its already in place in regards to track days . You just need to read ALL parts of the contract !

[Tim]

The other law that was passed isnt about the retailer paying for warranty items , its about the retailer being responsible for all goods sold . So if Harvey norman sells you a Samsung TV and it stops working , they have to repair/give you a new item and not send you to Samsung to get it repaired/replaced there

There will be a chain of liability. It is the resellers responsibility to sell you something fit for its purpose. It is the retailers resonsibility to repair/replace a faulty item yes but those repairs/replacements are passed down the chain to the distributor/manufacturer of that product.

In your example above Samsung would have an onsite warranty for their TVs so the correct warranty procedure would be to call Samsung direct. If you choose to return the TV to your place of purchase and have them call Samsung for you then that is at the consumers discretion but the warranty process remains the same. Harvey Norman will just call Samsung for you and you will most likely have to wait longer and do more running around than if you had have just followed the standard procedure.

In an instance where the distributor/manufacturer is unable to satisfy a warranty claim. eg. the company has gone out of business then the liability returns back to the reseller who must then organise repair/refund/replacement. At no point does the customer get to choose which cause of action is taken unless they are given the option. They do have the right to arbitration if they feel they have been hard done by though.

[jamesatfish]

They are thinking of doing a blanket ban on any car thats driven at a track , eg once its on a track no warranty on any drivetrain / engine related parts (no chance to get a hearing with the Consumer tenancy tribunal).

Interesting that they are considering this as an across-the-board ban on all cars driven at a track.

I'm not sure how that will work with the warranty on my new 911 GT3 RS, Gallardo Superleggera Super Trofeo, F430 Challenge Stradale etc etc. All of those cars are specifically built, marketed and sold as road-registerable track cars, so a NSW body trying to blanket ban all warranty claims if those cars are taken on the track will be in violation of the new Commonwealth Australian Consumer Laws regarding the suitability of goods for the purpose for which they were sold.