Where a problem arises with the car that is covered under the warranty, the car should be taken to the dealer for repair. Those repairs should be done free of charge under the warranty.
In relation to general servicing, motor car dealers are entitled to insist that any servicing performed on cars they sell are 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. So shop around.
Qualified and Licenced Technicians are a party or parties, other than an ‘authorised dealer’, who is capable of performing car servicing. Some servicing venues display qualification certificates, but if you’re not sure the staff are qualified, just ask.
If an independent agent implies that it can perform general car servicing to manufacturers’ specifications and does not perform that function satisfactorily, then you have rights and remedies against the agent regardless if whether the agent has factory qualifications or not.
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 car, the dealer and car manufacturer will not be liable for damage caused by the failure of that part. The above information is extracted from Australian Competition and Consumer Commission (ACCC) Consumer Express publication, April 2005, Issue 1445-9671.
Statutory Warranties are implied by law and give consumers a minimum level of protection for goods and services. Statutory warranties are different to Express Warranties. A dealer or manufacturer may give an Express Warranty which will have its own conditions which you should review. However, these conditions cannot override Statutory Warranties. Further information on warranties is available from the ACCC.
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