My FGX XR8 denied warranty

[aussiblue]

any of the wheels/motor test cars, plenty of photos and videos of them being pushed on a drag strip an race track

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.

[JG33]

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......

No apologists here, we just understand how a new car warranty works.

When you buy a new car from any manufacturer, you have to follow their terms in order to get warranty repairs. Don't like it? Don't buy a new car....simple.

[Grechie]

Will a dyno power run void the warranty? For example a dyno day, with 3 power runs?

[kazawaki]

Originally Posted by Buttnekid

Stop focussing on the Ford contractual warranty and start focusing on the consumer guarantees in the Australian Consumer Law.

In my opinion, if Ford have advertised a quarter mile time for the XR8 then the implication in that representation is it is within normal use to go to the drag strip. Woop *** Wednesday or the equivalent around Australia is not competitive Motorsport.

Yep this is his only hope, I contacted ford 3 times went to 3 different dealers and no joy,different issue but mine is now going down that path and they had better be ready because I will be,stat decs and paid witnesses if needed I intend to get my point across, from peole who know about fit for purpose in regards to paint and decals.

[Romulus]

Originally Posted by JG33

No apologists here, we just understand how a new car warranty works.

When you buy a new car from any manufacturer, you have to follow their terms in order to get warranty repairs. Don't like it? Don't buy a new car....simple.

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 3 differential replacements in my 2013 GT are sufficient evidence in my experience, irregardless of the position of the dealer or manufacturer.

[nuthin' fancy]

Originally Posted by FlivverFord

Well imo if Ford took a stock one down the 1/4 mile strip, it could well be considered normal usage if the public does it!

Warranty is insurance.

The frst job any insurance company takes on is to say "No".

I'm not saying it is right, it is just what happens.

Sometimes you have to push to get the other side to come around.

Personally, I would have more mechanical sympathy for my new car than the OP.

[asagaai]

Originally Posted by nuthin' fancy

Warranty is insurance.

The frst job any insurance company takes on is to say "No".

I'm not saying it is right, it is just what happens.

Sometimes you have to push to get the other side to come around.

Personally, I would have more mechanical sympathy for my new car than the OP.

An insurer engages actuaries to plot out what risks expose them to most damages, and the likelihood of such risks crystalizing, and then once identified the lawyers draw exclusion clauses to exclude them.

Insurance is a contract between the Insurer and the Insured.

A warranty by a manufacturer is another beast...but I take you point- probably still have actuaries studying what has been most costly repairs and what is biggest risks- ie motorsport, modifications - this should come as no surprise to us.

The exclusion "misuse" to me is the very wide doorway that provides wriggle room, and I hope is only applied in good faith by Ford.

The fit for purpose obligation is contractual, that is implied into the contract of sale between the purchaser and the seller of the vehicle.

Surprised I have not heard more from HULK on this thread.....

[xisled]

Interested int he outcome of this one.

[2011G6E]

Anyone else remember the great wailing and nashing of teeth from the marketing regulation mob which quickly pulled the TV advert for the all-wheel-drive Magna (a car which could have been so much more) purely because it showed it being driven in an apparent "drag race" away from a standing start on a loose dirt road against a Commodore and Falcon, showing the benefits of AWD in such conditions...?

It was claimed it would "encourage racing" or "hooning". So the advert died after a very brief run.

You simply cannot advertise cars now that show them being driven in anything approaching "spirited" driving, and you definitely cannot show them being used in a way that would imply they're suitable for race or competition use.
That's just the way it is. Just be thankful they started telling you what the power output was again...there was a time only a couple of decades back when they stopped advertising it (a little like Rolls Royce). Look in old car mags and the list of cars for sale in Australia and they will have all the other specs...engine size, capacity, fuel consumption...but nowhere will you see power output openly stated "officially".

Here's the advert...it clearly shows the advantages of AWD, it shows the safety aspects of AWD, describes how the system works, it's just a "good" car ad.

But it shows cars being driven as if a race is going on...so the advert died a quick and nasty death...
https://www.youtube.com/watch?v=FCpVZB898eI

[FG50T]

OP I challenge you to find every FPV or Ford owner who owns or has owned a media/press car that was used in magazine reviews in the past 10 years and find out if they ever had a warranty repair done. I think that will win your case against Ford.

Also I would have just instantly tried another dealer. Some aren't punks and are happy to do warranty work.

[DJM83]

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".

Probably why we will never see drift mode in the upcoming Focus RS. Partly due to laws here and maybe partly due to the fact ford dont wanna warrant it if it fails when i wanna pretend im Ken Block

[PepeLePew]

Ford apologists is a bit harsh, I think some are just inclined to step back and take a birds eye view here and not jump to conclusions.

A whole lotta Ford kicking here, well the LS1 boys have a whole lotta HSV kicking too, check out LS1. Same stuff. Drivers head out while they know the warranty provisions and use their cars as they believe they should be able to. And are denied claims down the track. As has been said on LS1 Holden are even famous for having video'ed drag days in the past and used it later.

Kempy this thread is weaving back and forth with a lot of emotion, with many heading straight for Ford's throat but a lot based on limited real facts. It definitely sounds like your dealer jumped in some place and did stuff all to ascertain the cause of the failure. Until that cause is known, you don't have a lot to go to bat with to challenge anything. Removing the belt and 'oh look no noise' is pretty damn poor. If proven to be a manufacturing fault or otherwise, you have a whole lot more leg to stand on. Otherwise it's like shooting skeet with a blindfold. Also please clarify and i think the answer is no but the waters have just been murkied, was the car tuned?

[WHYME]

So.. I still don't get why Ford/Holden bothered to make a performance division, advertise these cars by quoting fast 1/4 and 0-100 times and then pull out if they find out you're using these vehicles the way they were built and meant to be used. That's pretty messed up I reckon. Let's be perfectly honest Ford, who here in their right mind buys a Supercharged 335 Coyote enhanced vehicle and then proceeds to drive it like miss daisy 100% of the time and never takes it down to the track? Hell, FPV even offered drive days for goodness sake.

To me it's pretty messed up and it does boil my blood a little when I read stories like this. 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

[kazawaki]

Originally Posted by FG50T

OP I challenge you to find every FPV or Ford owner who owns or has owned a media/press car that was used in magazine reviews in the past 10 years and find out if they ever had a warranty repair done. I think that will win your case against Ford.

Also I would have just instantly tried another dealer. Some aren't punks and are happy to do warranty work.

Yep the dealer I bought my Pursuit from did nothing ,except waste my time,hopefully you find a helpful one.

[JG33]

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.

Yes they do need to comply with consumer laws, but the law favours the consumer to a certain extent. If the OP drove the car on normal streets there would be no argument the manufacturer should repair it, but when he uses it on a drag strip....well that makes things more difficult. As Ford states the warranty will not cover a vehicle used in any motorsports.

Originally Posted by F6 Concorde

The 3 differential replacements in my 2013 GT are sufficient evidence in my experience, irregardless of the position of the dealer or manufacturer.

Did they replaced them because you did burnouts, drifting, drag raced, rallying or any other motorsports?

[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.

[Elks]

Originally Posted by Fully6

So.. I still don't get why Ford/Holden bothered to make a performance division, advertise these cars by quoting fast 1/4 and 0-100 times and then pull out if they find out you're using these vehicles the way they were built and meant to be used.

Actually Ford do not advertise or even publish 0-100 or 400m times.

[Adamz Ghia]

Originally Posted by FG50T

OP I challenge you to find every FPV or Ford owner who owns or has owned a media/press car that was used in magazine reviews in the past 10 years and find out if they ever had a warranty repair done. I think that will win your case against Ford.

Also I would have just instantly tried another dealer. Some aren't punks and are happy to do warranty work.

Surely anyone who bought said cars would have been smart enought to ask the questions regarding warranties... And again when these cars are given out to reviewers they are Fords cars! If they break they pay for them to be fixed!

[GTP534]

Thought it best to delete.

[2242100]

Originally Posted by aussiblue

I still think the Ford warranty clause that voids all claims is Page 16 Clause 2 of Ford's warranty terms and conditions

I haven't been able to find that in what I believe to be the current new car warranty,
Can you point me in the right direction please.

[kempy311]

Originally Posted by PepeLePew

Ford apologists is a bit harsh, I think some are just inclined to step back and take a birds eye view here and not jump to conclusions.

A whole lotta Ford kicking here, well the LS1 boys have a whole lotta HSV kicking too, check out LS1. Same stuff. Drivers head out while they know the warranty provisions and use their cars as they believe they should be able to. And are denied claims down the track. As has been said on LS1 Holden are even famous for having video'ed drag days in the past and used it later.

Kempy this thread is weaving back and forth with a lot of emotion, with many heading straight for Ford's throat but a lot based on limited real facts. It definitely sounds like your dealer jumped in some place and did stuff all to ascertain the cause of the failure. Until that cause is known, you don't have a lot to go to bat with to challenge anything. Removing the belt and 'oh look no noise' is pretty damn poor. If proven to be a manufacturing fault or otherwise, you have a whole lot more leg to stand on. Otherwise it's like shooting skeet with a blindfold. Also please clarify and i think the answer is no but the waters have just been murkied, was the car tuned?

No tune

[Brazen]

Originally Posted by kempy311

No tune

Why was BarraXR8 saying there was one?

[lucas2]

Originally Posted by ebv8

also if you defame ford in anyway they will use this against you if you try and take anything through the courts, you might get a nasty letter from a lawyer anyway.

Generally corporations cannot sue for defamation

[asagaai]

Originally Posted by kempy311

No tune

Your case is against the entity you purchased the vehicle from.

I refer you to my post 51, para2.

You will need to obtain that expert engineering advice, and sue the seller for breaching contract by supplying you a vehicle not fit for purpose.

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.

Depending on where you are, you may be able to use a Tribunal (NSW-NCAT), or a Local Court small claims, which sometimes disallows lawyers and therefore minimises your exposure to an adverse costs order. You will still need that expert report, and you should still engage a competent litigation lawyer who specialises in product liability cases to advise you on what Application to file, evidence to file, and assist you in getting the qualified expert report.

Good luck and I will now step out of all this- I should be working on my mining case anyway- but given I am due to receive my XR8 in 2 weeks I cannot help but sneak a look at this now and again.

[99AUXR]

Originally Posted by kempy311

No tune

Beaten, above post.

[Romulus]

Originally Posted by JG33

Did they replaced them because you did burnouts, drifting, drag raced, rallying or any other motorsports?

They did ask. I told them I availed myself to the performance capability of the vehicle and left it at that.

[WILDB]

I honestly do feel for the OP as this is a terrible position to be placed in having spent ~60k on a vehicle.

Unfortunately the vehicle manufacturers all have the same clause in their warranty statement about motorsport usage.

Unfortunately in this situation Ford Australia have decided to utilize this clause and deny warranty provision for the supercharger failure - whether it be due to the vehicle going to the drags or not.

This whole situation places Ford in a very precarious position, if they were to overturn their ruling it would them set a precedent that others would likely try to utilize, but on the flip side (based on what I'm seeing here) it is having a very negative public effect towards Ford.

[WILDB]

Accidental double post.

[2011G6E]

Originally Posted by PepeLePew

Also please clarify and i think the answer is no but the waters have just been murkied, was the car tuned?

Tuned? Pertinent question which could address some other questions. Modifying is something a lot of people do but forget it can tear up your warranty.

[kazawaki]

Originally Posted by WILDB

I honestly do feel for the OP as this is a terrible position to be placed in having spent ~60k on a vehicle.

Unfortunately the vehicle manufacturers all have the same clause in their warranty statement about motorsport usage.

Unfortunately in this situation Ford Australia have decided to utilize this clause and deny warranty provision for the supercharger failure - whether it be due to the vehicle going to the drags or not.

This whole situation places Ford in a very precarious position, if they were to overturn their ruling it would them set a precedent that others would likely try to utilize, but on the flip side (based on what I'm seeing here) it is having a very negative public effect towards Ford.

Big companys are very slow to react as far as consumer anger is concerned.By the time they realize that there losing business it is already to late and there customers current and future have already gone and will not return.I have a Thing called a Black ban list once some one screws me over there on that list and I NEVER NEVER NEVER recommend or purchase stuff from them again.