advice needed please reagarding warranty/manufacturing defect etc etc

bigjimmyauk

bigjimmyauk

bigjimmyauk

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i'll try make this pretty simple and quick

If an item is out of warranty but that item had a major failure caused by a manufacturing defect, would the company be liable to pay all the costs for repair even though it was out of warranty.

It's regarding the gearbox that went in my 06 zafira i'm trying to get the money back has it had only done 24K when it had catastrophic failure blowing the planetary gear of the DIFF shattering the gearbox.

Vauxhall will not comment wether it was a manufacturing defect or not. Even tho it has "apparently" been examined by a vauxhall gearbox specialist
 
I'd say there is certainly a case for that, unless there is evidence that the part has either been tampered with, neglected and/or improperly maintained or modified.

In addition, statutory rights should cover this.

[edit]Read this:

Durability

Durability is another recent addition to the definition of quality. How long should a dishwasher or a vacuum cleaner or a printer last? This is a very common source of complaint and one which manufacturers were always quick to turn back on the consumer, requiring them to provide proof that the item did not conform to contract specification from the start, or implying an element of misuse or neglect. Thanks to the new European Regulations, UK law now offers greater protection for consumers against products which develop faults within the first 6 months. The assumption is now that if it breaks down within this time period it cannot have conformed to the contract specification when purchased and you have the right to an automatic repair or replacement. Having said this, items which should last several years can still break down after this six month period. If the retailer or manufacturer’s warranty has run out, the shop is often quick to say there is nothing they can do before attempting to sell you an extended warranty. This is misleading. If you buy something which should last 7 years but breaks down after a year and a day, you can still claim it was of poor quality in reference to the durability aspect. In this respect it will help to know how long items such as washing machines or printers should last. You can get this information relevant trade association
Click to expand...

I believe the part you specify should not break down within the time period given.
 
Last edited:
Gilly said:
I'd say there is certainly a case for that, unless there is evidence that the part has either been tampered with, neglected and/or improperly maintained or modified.

In addition, statutory rights should cover this.
Click to expand...

I got the car in october 2007 with 17k on the clock it is now may 2010 and just hit 27k kept up will full Service history. Use the car everyday to take kids school and do shopping etc etc.

The gearbox failed in 4th gear at 40Mph on a straight road after taking the kids school, I don't see how it can fail under those circumstances unless something was seriously wrong with it
 
who should be my first port of call has i got no joy with the 2 letters i sent to vauxhalls head office in luton. I just got the old nothing we can do out of warranty bull
 
I think you have a case under SOGA, but I'm nearly certain you will have to write very formal letters, and probably issue a small claims to them before they pay any attention. Assuming you bought it from a dealer, that is.
 
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