Problem with my new Giulietta QV

[w47ty]

having had a quick scan through QLD,NSW and VIC fair trade legislation they all appear to be reasonably vague on the subject of new cars other than statutory warranty.

The head or even cover are not proscribed as exempt items from the warranty provisions (there is a list of these such as tyres, hoses and batteries).

Reading the warranty fine print is the key, however the attached document would seem to suggest that the consumer has the right to ask for either a repair or replacement. The dealership are after all acting as a retailer so IMHO would be covered by this charter

I am no lawyer and this is the result after only about 30 minutes of googling. I have to say I would be far from happy that a brand new car had to have such an integral part of the vehicle "patched". To my mind it forms a basic structural defect which I as the driver have no confidence would not go again at some point in the future.

well my tuppence worth...

cheers
chris

[wankski]

you're out of date... the Fair Trading Act is dead except to investigative provisions and specific state rententions..

the consumer act is now uniform, under the ACL - Australian Consumer Legislation.

vol 3 of the Aus Competition and Consumer Act 2010 contains the provisions...

you are able to factor the cost of the good in making out your argument wrt implied warranties, repair/replacement etc

I would be looking at section 54 (acceptable quality), 102 (warranties against defects)

specifically in vic - the motor car traders act brings up that section u refer to 'excluded defects' - but these sections relate to USED cars.... eg. section 54 - obligations - repairs under warranty to make good given age of car...

for a new car you would rely on the contract (hopefully its the standard form contract) together w/ the ACL.... motor car traders acts are mainly set up to protect consumers from 2nd hand car dealers for obvious reasons....  

the ACL is relevant in this matter as no consumer contract can abrogate from its protections and guarantees.

[Broch]

Thank-you everyone for your input. Apparently my first step is to formally lodge a "letter of dispute" with Alfa Australia (ATECO) which I have now done - your comments have been invaluable, both in terms of presenting my case, and in fueling my fire. It's a wonderful welcome to the Alfa owners community, albeit through unfortunate (to put it mildly) circumstances.

I will keep you posted.

Meanwhile I'm chuffing around in a courtesy Peugeot 308 HDi - not quite the same!

[w47ty]

nice one, cheers wankski

best of luck Broch..and welcome

[Darryl]

Firstly, I'm not claiming any specific expertise in this area but...

Regardless of the quality or otherwise of the repair, I would personally have some concerns with repairing any complex part that has a manufacturing defect induced failure, not because of the quality of the repair, but because of the questionable quality of the part being repaired. Particularly if the part can't practically be thoroughly tested/inspected for any other hidden defects.

It *could* just be a localised problem (where the crack/leak is) or it could be a pervasive problem in the casting. Obviously if the problem were bad enough it would fail pressure testing, and maybe I'm being overly cautious, but I'd at least be keen to reduce the risk, however small, that there are other problems with the head, by getting a new one.

[alfa 156 TI]

Good luck Broch with the repair/replacement. I'm very interested to here the result as I have a Giulietta QV myself.

[Gary687]

Sorry to hear of the bad experience - must be disappointing and frustrating in equal measures.

We've just bought a Giulietta as well so will be watching/checking things carefully...

I shan't add to the many worthwhile comments the fellow Alfisti mention on here other than to say that you should check out the Alfa Owners forum in the UK. With many thousands more members than we could ever hope to muster and a longer experience with the Giulietta, if there are any significant 'patterns' of problems on any Alfa then I can guarantee they'd have been discovered/remedied before by those guys and girls over there. If there is a pattern of failure then it could arguably aid your own argument over here....

Having said that, having been on the receiving end of some truly appalling treatment by ATECO (and that differs wildly from UK experiences with Alfa Romeo Europe directly) I wish you luck in your endeavours and hope you get the result you are after...

Cheers

Gary