My FGX XR8 denied warranty

[99AUXR]

^ I want to thank more than once so true mate such a shame to see the muppets behind such an awesome car and them being such a bunch of **** heads to deal with every time. Seriously the ford warranties arent worth the paper they are written on cause at the end of the day some idiot ford apprentice wont do the job properly and will leave greasy finger prints everywhere.

(NB: Im an apprentice but dont work at dealership )

[Bosko]

Ben,
With things heating up on this thread towards Ford, this will not be good for you so maybe this thread should be locked!

If you can't negotiate a resolution with the Dealership which you purchased the vehicle from of Ford Australia, just have it fixed and move on. Going to Court will cost a lot more and could go either way, more likely with Ford.

It's happened and you can't change it, get it fixed and start enjoying your car again that's why you bought it in the first place.

[99AUXR]

Originally Posted by Bosko

Ben,
With things heating up on this thread towards Ford, this will not be good for you so maybe this thread should be locked!

If you can't negotiate a resolution with the Dealership which you purchased the vehicle from of Ford Australia, just have it fixed and move on. Going to Court will cost a lot more and could go either way, more likely with Ford.

It's happened and you can't change it, get it fixed and start enjoying your car again that's why you bought it in the first place.

This is what I would be doing, all other options sound great but allot of hassle and too much risk.

[Bosko]

Originally Posted by Smoke Pursuit

Priceless!

2nd that! ****ed myself laughing, well said!

[eb2fairmont]

Originally Posted by DK30RB

I don't think this is just an isolated issue with the OP's FGX XR8. Lets face it i bet most people here have had a warranty claim denied or argued by Ford on any Falcon.

I know in the last 20 years owning, 8 new falcons, (amongst many other brands) pretty much all of them had warranty issues denied, but were fixed after some "Discussions". Its just the way Ford run their service department.

Everything is either "They all do that" or "Denied". If you push the point they will have no choice but to fix the car.

This is coming from someone who has had 2 vehicles from 2 different manufacturers in the last 10 years replaced with a complete new vehicle under warranty.

My advise (from experience) - go after the dealer. Your transaction is with them, you paid for a new vehicle with warranty. They are obligated to provide that warranty, then claim their costs from Ford.

Any wonder sales are in the ****?

[Franco Cozzo]

Originally Posted by Shonky.

I expect that you too will be salting fries for a living before you know it

I need them at Gisborne Maccas, the last 5 times I've copped maccas chips with no salt on them, tastes like cardboard man.

[JG33]

Originally Posted by Shonky.

hope the dirty dog working at Ford who reported OP is still reading this.....

choke on a big bag of d1ck5 you pile of 5h17

your company makes awesome local cars, but almost everyone else in the supply and service chain is a disgrace to this once proud but now all but defunct brand

I expect that you too will be salting fries for a living before you know it

congratulations for running an Australian icon into the ground

Better still, make it known to everyone to avoid that dealership like the plague. Let's see if loss of sales was all worth it for them.

[Trump]

Originally Posted by Big Damo

I need them at Gisborne Maccas, the last 5 times I've copped maccas chips with no salt on them, tastes like cardboard man.

Serves you right, they aren't even chips, fat sticks more like it

[Franco Cozzo]

Originally Posted by galaxy xr8

So where is the official publication from Ford Australia stating quarter mile times ?.

They still launched the car at a RACE TRACK and invited people to be there.

Whats worse on a car, a lap around a track or going straight for 400M asking everything it has?

[nt0351]

Originally Posted by aussiblue

They are still owned by Ford so no doubt they fix them and send them off again. They doubtless consider any damage and attrition from magazine road testing part of their marketing costs.

they usually get sold at salvage auctions,.. with no warranty entitlements & not to be registered .

[kazawaki]

Originally Posted by JG33

Better still, make it known to everyone to avoid that dealership like the plague. Let's see if loss of sales was all worth it for them.

They clearly don't care, I wouldn't be naming and shaming until it gets sorted one way or another. I also wont be shaming my dealer until my issue has been sorted one way or another. I want it over soon as media love a story about icon cars not doing what they claim or being fit for purpose but I aint going there without a bag full of facts .Especially with all the press car company's are going to get over the next year or two some one is bound to pick up on a well organized and well laid out complaint that clearly shows distain for customers. The best plan is to construct a case without emotion just the facts and evidence, keep it plain and simple and make your point by using the correct means but by all means use every option available to you in this process.Keep notes of all phone calls,dates times employee number,all E-mails and written correspondence .I have

[Smoke Pursuit]

Originally Posted by nt0351

they usually get sold at salvage auctions,.. with no warranty entitlements & not to be registered .

No not true. Only preproduction builds get crushed. All Ford demo / press cars are sold via dealer only auctions with balance of Ford warranty. It's obviously at Fords discretion what they do to them prior to sale but I know the media / FPV cars get a good going over before they are farmed out to dealers.

[NX74205]

Originally Posted by F6 Concorde

I'm surprised at the number of Ford apologists in this forum. A guy uses his car in a lawful manner, the vehicle incurs a manufacturing defect later on, Ford attempt to deny warranty, and some of you are backing Ford. What a strange bunch......

Because this is a FORD forum???

And because some of us have the common sense not to do anything that can risk voiding the warranty while said car is still under a warranty.

I'm sick of the Ford bashing. With 'fans' like these, who needs enemies? Ford have done nothing that is against their warranty policy or that other manufacturers wouldn't have done.

Originally Posted by Grunter

I hope Ford change the drive modes on the upcoming Mustang.

Maybe it should be "normal”, “snow/wet”, “sport”, and "shopping".

Very funny, but it should be pointed out that nothing is stopping people from taking their performance Fords to the race track, it's just that doing so will be at the owner's own risk. That has been made explicitly clear under Ford's warranty policy.

Originally Posted by F6 Concorde

To be frank I don't care what the manufacturers warranty stipulates, the product has to be fit for purpose and comply with consumer laws.

The product has to be fit for purpose in accordance with the Australian Consumer Law. But show me where in the ACL it states that the consumer guarantees continue to apply if the consumer misused the product.

Secondly, the manufacturer's warranty is part of the contract between the manufacturer and the owner. To the extent that it is not inconsistent with the ACL, it applies and Ford have the legal discretion to void the warranty if the consumer used the product in a manner expressly stipulated as that which may void the warranty.

Originally Posted by Fully6

It's like me buying a new TV, and the manufacturer states in the warranty manual that you're not covered if you use the TV to watch movies. What's the point of buying it then?! The XR8 has a supercharger for a reason boys

I think it's more like the warranty not being applicable when the owner decides that the shower is a brilliant place to install it.

Originally Posted by asagaai

Expert fees will be some $4,000 plus/minus. Your legal fees including barrister costs will be some $12,000 to $18,000.

If you run in a court and loose you will be up for other sides costs.

Then there's court fees which, depending on the length of the trial and the court in which it is held, whether video-conferencing or tele-conferencing is used, can in some cases be around $5,000 to $7,000.

And even if you win and have a costs order in your favour, you will still be out of pocket several grand. If you win, as a general rule, you'll only be able to recover approximately 60% to 70% of what you have to pay the lawyer.

[tlub]

loud pipes just like to clarify that the blue meanie is only in my possession ,I don't really know really who makes them nor do I care . I bleed blue not red.

[Smoke Pursuit]

Originally Posted by NX74205

Because this is a FORD forum???

And because some of us have the common sense not to do anything that can risk voiding the warranty while said car is still under a warranty.

I'm sick of the Ford bashing. With 'fans' like these, who needs enemies? Ford have done nothing that is against their warranty policy or that other manufacturers wouldn't have done.



Very funny, but it should be pointed out that nothing is stopping people from taking their performance Fords to the race track, it's just that doing so will be at the owner's own risk. That has been made explicitly clear under Ford's warranty policy.



The product has to be fit for purpose in accordance with the Australian Consumer Law. But show me where in the ACL it states that the consumer guarantees continue to apply if the consumer misused the product.

Secondly, the manufacturer's warranty is part of the contract between the manufacturer and the owner. To the extent that it is not inconsistent with the ACL, it applies and Ford have the legal discretion to void the warranty if the consumer used the product in a manner expressly stipulated as that which may void the warranty.



I think it's more like the warranty not being applicable when the owner decides that the shower is a brilliant place to install it.



Then there's court fees which, depending on the length of the trial and the court in which it is held, whether video-conferencing or tele-conferencing is used, can in some cases be around $5,000 to $7,000.

And even if you win and have a costs order in your favour, you will still be out of pocket several grand. If you win, as a general rule, you'll only be able to recover approximately 60% to 70% of what you have to pay the lawyer.

Lol ok...

[kempy311]

I have been reading the warranty manual over and over. I only have one book for warranty and this is what it says sorry for the bad quality pics.

[Trump]

Whoever created (or proof read) the current warranty booklet needs to be shot. The definition of "misuse" in the context of the document is completely missing.

[99AUXR]

There is the term misuse. . . . Very very vague and could be argued either way. They have failed to define misuse or give any examples.

If you really want you could seek a legal opinion and would have grounds to on that.

[marty351]

Ford should be only too happy to see the failure they created.

How many of us have pushed engines to the limit? Even beyond. But the still worked fine, for many years to come.

[NX74205]

Originally Posted by 99AUXR

There is the term misuse. . . . Very very vague and could be argued either way. They have failed to define misuse or give any examples.

If you really want you could seek a legal opinion and would have grounds to on that.

I believe it is deliberately written in such a manner to give Ford a greater discretion. Besides, it's not something that can possibly be defined with an all inclusive definition.

[Brazen]

Much less stringent than I thought it would be.

Put in a formal complaint tomorrow with Ford Customer Care over the phone.

Start pushing it up the channels.

[asagaai]

Originally Posted by Loud_Noises

Whoever created (or proof read) the current warranty booklet needs to be shot. The definition of "misuse" in the context of the document is completely missing.

Or conversely, kissed and paid a fortune for giving very wide wriggle room.

But not defining it can work both ways, because it will be interpreted in context of the product -which is a sports car.

Especially given that the law says that in terms of an exclusion clause, any ambiguity is to be read against the party who drafted the clause....

[99AUXR]

Originally Posted by NX74205

I believe it is deliberately written in such a manner to give Ford a greater discretion. Besides, it's not something that can possibly be defined with an all inclusive definition.

"Misuse. . .Including but not limited to motorsport" :/

Even if it gives ford more discretion it works the other way as well.

[kempy311]

Originally Posted by Brazen

Much less stringent than I thought it would be.

Put in a formal complaint tomorrow with Ford Customer Care over the phone.

Start pushing it up the channels.

This was done on Thursday.

[NX74205]

Originally Posted by asagaai

But not defining it can work both ways, because it will be interpreted in context of the product -which is a sports car.

It is, in any event, a car, designed for the road, as a means of transporting up to 5 people and some luggage.

It is not a race car or a dragster.

[asagaai]

Originally Posted by NX74205

It is, in any event, a car, designed for the road, as a means of transporting up to 5 people and some luggage.

It is not a race car or a dragster.

Never said misuse would be interpreted to not extend to racing or dragstrip. This is not the issue as those concepts are clearly and expressly excluded in any event.

What is in issue is if Ford tries to argue misuse as over revving or something like that (something less definite than for instance motorsport or doing that fishtailing sliding stuff whatever that "sport" is called-a yes drifting) when it is not obviously excluded the court will have to define misuse in context of the totality of the contract including the product- itself which is their hero sports car marketed as such.

The court will not expect the XR8 to be driven within the same parameters as a diesel 1.6 runabout- different products and what usage of those products will constitutes misuse will vary.

So-wriggle room for Ford, but also good for users if any ambiguity in the circumstances claimed to be misuse.

[Mechan1k]

Damn ... Farting in he driver's seat could come under misuse as well.
No one is safe.

[asagaai]

Originally Posted by Mechan1k

Damn ... Farting in he driver's seat could come under misuse as well.
No one is safe.

Nah mate- never ambiguity with a fart - unless its yours

[zilo]

Originally Posted by kempy311

If I knew I would let you know. But all that's has happened so far I'm pretty sure is the belt as been taken off and started and they have found there is no noise.

It will be the bearings, it's always the bearings.

I have fixed two Sprintex units in the last 18 months.

They aren't hard to repair...just bite the bullet and fix it.

There's stuff all in a supercharger...

[Yellow_Festiva]

I wonder if 'Ford PR' still frequents the site?