My FGX XR8 denied warranty

[Yellow_Festiva]

Originally Posted by Brazen

Yeah nothing should be taken away from the cars themselves. This does sound like an isolated incident.

Is this the same car as the one I saw here a few days ago with FB screen captures?

[GTP534]

^^^^ My experiences with Ford over the past 12 years have been much better. I've had known faults replaced at no cost to me well after warranty had expired and the dealer has never given me the run-around.

With the GT-P it was timing chain tensioners and my approach was I offered to pay for the parts if the dealer provided the labour. The dealer approached Ford and it was all done at Ford's expense.

Everyone's circumstances are different, but I've found it depends on the relationship between you and the dealer and the dealer and Ford.

I can fully understand the reaction of some on here deciding or not wanting to buy a Ford anymore; before my current dealer I got the run-around from another dealer regarding the body kit on my XR8 and that's how I ended up where I am now.

There's nothing I've read here would convince me not to proceed with Mustang.

[tex]

Unfortunate.

But guys, its not a "hidden trap" this warranty exclusion clause that unfortunately, in this instance, Ford AU are choosing to exercise.

It sucks, but its in black and white. Literally.

I for one know first hand the situation Kempy finds himself. I've faced, and had to deal with similar situations on failed components. My cars have been modified. My cars have been raced. I chose to undertake both options as a vehicle owner eyes wide open. The consequences of my actions, which were contrary to the warranty terms and conditions were understood.

Sure, most of the claim outcome comes down to the support (or not) of the dealership the claim is lodged with, and in Kempys case, I'd hazard a guess they have been unsupportive. Strange really, while dealerships don't make margin out of warranty work, its still normal good business customer relations that in circumstances such as Kempy describes they would go into bat for the customer. I believe the word is exercise discretion, and dare I say it, common sense.

The rot set in with ford Au a long time ago. This situation Kempy finds himself is far from unique, and I personally know of similar (and worse) horror stories from owners of so called performance cars.

I reckon you could get all the legal advice you liked, spend lots on independent evaluations, third party failure analysis. And I doubt it would, legally, make three parts of eff all difference.

It's in black and white, in the warranty terms and conditions, listed in plain text as a warranty exclusion. Sucks salty balls, but its there, was sold with the motor car as part of contract of sale paperwork - which the owners manual forms part of.

I believe it is definitely worthwhile trying to make Ford Au consider this case in more sympathetic light, but legally, I doubt they can be be compelled. Maybe negotiated contribution from both parties is a worthwhile line of negotiation to take?

And I might add, reality is vehicles, not owners, get red flagged all the time. An owner may never know a Dealerships and ford AU have identified their motor car as warranty burnt, at least not until said owner, or even subsequent owners, lodge what might be a legitimate warranty claim.

If anyone thinks big brother doesn't exist in relation to cars subject to warranty coverage need to slap themselves.

Reference has been been made to ford press cars and the like, and people question why Ford Au chose to honour the warranty pertaining to those cars when they are on sold as "demonstrator" low mileage cars. And sometimes, as executive driven, low mileage cars! How can they do this?

Because they chose to. They exercise their discretion.

[Brazen]

I really hope Ford lowers prices for forum members now.

They can go through photos from days thousands of kms ago of a community that supports and buys Fords, and deny a warranty claim on the spot without any investigation of the component.

Ford wins by not covering warranty claims so some of that saving should be passed along.

Win win.......

[Brazen]

People forgetting that Ford never said the drag strip voided the warranty.

They said the fact that he did the drag was a reflection of his character and manner of driving.

Probably because we all know a Supercharger wouldn't really be stressed there and it happened thousands of km ago anyway.

They are probably right, a grandma probably would've not had the issue.

[Havoc]

Excellent case closed

[Whitey-AMG]

As many have said in this thread, a lot comes down to your dealer relationship.
I've made enough legitimate and dubious claims alike in the past to know that support from your dealer can make or break a claim. how's that old saying go again. Keep your friends close but keep your enemies closer.........

[BadMax]

I guess Ford Australia better do a re-release of the Mustang at the bowls club...it's going to be ******* useless for anything else...

[Smoke Pursuit]

Yes those mustangs with a factory line locker! Lol

[BIONIC MAN]

Originally Posted by malazn mafia

Always wondered if HWP managed to blow up their engine or transmission during a pursuit, would the police have to pay for a new engine and transmission? Insurance only covers damage to bodywork. Ford/Holden would probably wipe their hands clean as it was outside of 'normal use'?

It states in the terms and conditions of warranty that those vehicles are not covered.

[Franco Cozzo]

Again, would you be able to argue "not fit for purpose"? It is advertised as a sports car, right?

I'd like to see this go further with the authorities even if he does get knocked back, worse case scenario you pay a little and get a no verdict, but at least it clears the waters on where we all stand.

Just because something is in terms on a warranty it wouldn't be the first time a court/authority has overruled a company decision based on policy both parties have agreed on.

[Express]

I know it’s already been said by a number of members but it should be stressed again, a warranty is separate from your automatic consumer guarantees.

Many companies have been taken to task by the ACCC for misleading warranties regarding exclusions.

When you read the following on the Australian Competition & Consumer Commission website you’ll see references to meeting promises about performance and exceptions under misuse. It can be very confusing to the layman.

https://www.accc.gov.au/consumers/co...mer-guarantees

As well-meaning as we all are in giving advice in reality it is a field most of us would struggle with when it comes to interpreting the laws in a legal sense.

Therefore if the fix is worth the cost of one visit to an Australian Consumer Law professional then that is something I would do as a minimum and at least I would know if I have a leg to stand on.

The moral issue of Ford standing by a performance product that should be able to cope with full throttle acceleration is another matter but morals don’t necessarily stand up in law.

Sadly that’s when the old you pay to play scenario comes back to haunt you.

[duaned]

Originally Posted by Silver Ghia

Interesting comment, considering this poster is on his second VF because of problems with the first.

Sorry, I had to say it

Ah, no mechanical problems with the first VF if you bother to go back and read the thread! And no warranty issues, just personal satisfaction. So hardly relates to this topic!

[DJM83]

Reading yesterday, looks like another has had the same failure, and same excuse for warranty denial.

Talking with a mate of mine, i dunno how far fetched this may seem, but do Ford have enough parts to warrant these. I know i didnt really hear much about FG model failures (not that i was looking) that werent warranted, maybe because they were fixed w/o fuss. But now this is the end of the line maybe they are looking to deny what they can? Any who it could be a BS idea but im not sure.
As for warranty and dealers ive never had an issue even with a tuned car, but i never had any massive failures.

[TheZHLANE]

I didn't read all 6 pages but how does going down a drag strip differ from rapid acceleration?

[BIONIC MAN]

As I already said.. It doesn't.
Blower does not know it's on a drag strip, and it's rotational speed and load is governed by the engine software and rpm limiter.
But if Ford can find a reason to deny a warranty claim... Then they will.

[STINKY NINJA]

Originally Posted by TheZHLANE

I didn't read all 6 pages but how does going down a drag strip differ from rapid acceleration?

An exact answer to this question,the amount of traction on a drag strip is alot greater especially when freshly prepared as compared to an average road.
Therefore it puts alot more stress on driveline components as compared to an average road.
Im not saying going to the drags made the blower fail but i did answer your specific question.
Just to add,i dont think drag racing had anything to do with the failure,straight up dodgy quality blower,brand new components fail on new fords regularly,unfortunately you went to the drags and gave ford an easy out Kempy...

[NX74205]

Originally Posted by tex

I reckon you could get all the legal advice you liked, spend lots on independent evaluations, third party failure analysis. And I doubt it would, legally, make three parts of eff all difference.

It's in black and white, in the warranty terms and conditions, listed in plain text as a warranty exclusion. Sucks salty balls, but its there, was sold with the motor car as part of contract of sale paperwork - which the owners manual forms part of.

This.

I would've thought it's common sense that if you play with your car, chances are that you'll do so at your own risk. There's no point crying to Ford about it if the car's been dragged or modified - Ford have done nothing that's against their warranty policy. They have a discretion which they can exercise at their will to void the warranty because the owner has done something contrary to what the warranty policy stated, in black and white.

Originally Posted by Express

https://www.accc.gov.au/consumers/co...mer-guarantees

From the very link you quoted:

Consumer guarantees do not apply if you:
...
misused a product in any way that caused the problem

You're right in that consumer guarantees are separate and distinct from factory warranties, and lack of warranty can be held invalid by a court if it is contrary to the consumer guarantees enshrined in law.

From where I stand, there is an arguable case that the product should've lasted longer than 8,000km, but on the other hand, Ford can also very easily argue that the warranty ceased to apply the moment that the OP took his car to the drag strip.

[Silver Ghia]

Originally Posted by STINKY NINJA

An exact answer to this question,the amount of traction on a drag strip is alot greater especially when freshly prepared as compared to an average road.
Therefore it puts alot more stress on driveline components as compared to an average road.
Im not saying going to the drags made the blower fail but i did answer your specific question.

Especially with the fitted wheel/tyre configuration and inflation during those runs, referring to the other thread. But again, what its to do with the s/c failing?

[Winter XR8]

I say suck it up and fit a KPM 2300 blower in its place.

[STINKY NINJA]

Originally Posted by Silver Ghia

Especially with the fitted wheel/tyre configuration and inflation during those runs, referring to the other thread. But again, what its to do with the s/c failing?

I believe nothing,like i said in my post,the question wasnt about the blower at all,maybe have another read of my post.
From what Ben has said, the visit to the drags had sweet fa to do with the failure ,going to the drags has given ford a reason to reject the claim because warranty terms were broken,simple.

[mik]

Originally Posted by TheZHLANE

I didn't read all 6 pages but how does going down a drag strip differ from rapid acceleration?

looking at it from a manufacturers view is , humans can have a tenancy to push the limits, look at burnout pads where cars and engines are often pushed to the limits driven full throttle until something goes bang,

fomoco has rules for a reason , how many blokes have pushed to the limit over the decades and then gone back and asked for warranty ?? probably hundreds of thousands around the world, possibly millions.

if it was your car you lent to someone, and they went to the drags and it came back on a tilt tray with a blown up engine , would say with a smile ....... oh its ok....... it was probably going to blow in normal use anyway ..... no sweat i`ll pay for a new engine ...... happy to lend you my car when i get it fixed ?

do any other car makers have the same restrictions on motor events and warranty ??

[Silver Ghia]

Originally Posted by STINKY NINJA

I believe nothing,like i said in my post,the question wasnt about the blower at all,maybe have another read of my post.
From what Ben has said, the visit to the drags had sweet fa to do with the failure ,going to the drags has given ford a reason to reject the claim because warranty terms were broken,simple.

I think you misread my post. I was only agreeing with your initial post (before edit), I only added the fact the traction was increased even more because of the tyres fitted, on top of the strip surface preparation. But is most likely not to do with the failure.

[mik]

Originally Posted by malazn mafia

Always wondered if HWP managed to blow up their engine or transmission during a pursuit, would the police have to pay for a new engine and transmission? Insurance only covers damage to bodywork. Ford/Holden would probably wipe their hands clean as it was outside of 'normal use'?

im not sure who would pay in that case, but i can remember a clevo powered xc interceptor coming in at 1500 k`s with bearing rattle, it was fixed straight away, i suspect it was fixed under warranty.
often the dealers have a contract with police to do maintenance, and what ever happens warranty or no warranty it gets done regardless, probably a fair bit of good will given to a contract job though..

[kazawaki]

Different problem, my last option of getting my stripes fixed has now been rejected,a friend spoke to a friend and it still didn't work,if Ford are going so hard to reject a claim on fit for purpose on matt decals without protection which cost to them would be sweet **** all sorry theres no way there going to pay for a supercharger without you dragging them screaming and kicking with all there lawers and denials,even then I don't think they will do jack ****.

[STINKY NINJA]

Originally Posted by Silver Ghia

I think you misread my post. I was only agreeing with your initial post (before edit), I only added the fact the traction was increased even more because of the tyres fitted, on top of the strip surface preparation. But is most likely not to do with the failure.

You totally missed my point AGAIN,zh lane asked whats the difference from going down the strip to rapid acceleration,superchargers were never mentioned at all,i couldnt explain it more clearly than that,like i said, reread my original post and his question,think about it,i even said in my post before editing i thought going to the drags didnt make the blower fail,so please reread the post again...
Im going to go and hit my head against the wall now...

[2011G6E]

Why was the warrantee voided...?

Stopped reading after "I went down the drag strip"...

[NC1183]

If it was the drag strip that stuffed the supercharger, wouldn't it have happened soon after it went down the strip not 5000km later

[galaxy xr8]

Originally Posted by NC1183

If it was the drag strip that stuffed the supercharger, wouldn't it have happened soon after it went down the strip not 5000km later

Not necessarily, the damage could have started then, just like getting a nail in your tyre, you could have picked it up many miles/week’s before hand and have a slow deflating tyre and not known when the actual damage was caused.

[joolz]

So if you take a 4X4 out in the bush and something fails you are not covered by warranty.... Ford AU this is a performance car, the SC failed doing what you said it was made for...