Update: He received a phone call yesterday. Oil sample is contaminated. Transmission needs replacing. But Ford will not refund or replace.
Ford Australia sent him the following letter:
Quote:
Our Assessment
Following our review, we inform you that we do not believe that you are entitled to a replacement vehicle under the Australian Consumer Law (ACL). This is because we believe the rejection period has ended.
Under Australian law, when a consumer buys products and services they come with automatic guarantees that they will work under what is referred to as Australia’s consumer guarantee rights.
If something goes wrong with their vehicle, a consumer may be entitled to a refund or replacement under the ACL.
However, according to the ACL, there are circumstances where a consumer is not entitled to a refund or replacement even if something has gone wrong with their vehicle. One of these circumstances is where the "rejection period" has ended.
The “rejection period” is the period commencing from the time a consumer bought a vehicle, during which it would be reasonable to expect a problem to appear.
The law does not specify how long the rejection period is for any particular vehicle.
It defines it as "the period from the time of the supply of the goods to the consumer within which it would be reasonable to expect the relevant failure… to become apparent having regard to" the:- Type of good;
- Way in which the consumer is likely to use it;
- Length of time for which it is reasonable for the good to be used; and
- Amount of use to which it is reasonable for the goods to be put before the problem becomes apparent.
For illustration only, on a vehicle it may be in the order of years, in the case of a small electrical appliance it may be in the order of months, while on a food item, it may be in the order of days.
In your circumstance, we believe too much time has passed, that the rejection period has ended, and accordingly we do not believe that you are entitled to a refund or replacement vehicle under the ACL.
We hope this background assists to explain our decision. It does not constitute legal advice. You may wish to seek legal advice about your rights, including your legal options for pursuing a claim or what to do when considering the outcome of our decision. More detailed information about your rights under the ACL and where you can get help is included in Ford’s Customer Service Charter (available here).
We apologise for any difficulties you have encountered with your Ford FIESTA.
Rest assured, we will continue to support you throughout our dealer network. Should you experience any concerns with your vehicle in the future, please do not hesitate to contact us on 13FORD (13 3673), and we will seek to work to resolve your matter as promptly as possible.
Kind regards,
Ford Motor Company of Australia Limited
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Very unfair of Ford. The transmission has been playing up since purchase. He has had a number of visits to Ford dealers to get the issue rectified with no result. He asked for a refund or a replacement vehicle a few years ago when he just got sick and tired of it, but was given the run around. Now they tell him "the rejection period has ended." Why did they bother to ask him to take it to the dealer for an oil sample then? If the rejection period had ended, why make him take it to the dealer? Seems to me Ford now knowing what the issue is, are trying to wiggle out of it.
What a way to treat an old man who has been a loyal Ford customer for a very long time.
If anyone can help with any advice going forward, it's much appreciated.