Warranty issue with trader.

[DreXeL]

Ok, so about four months ago I bought a 2001 Mistubishi Shogun from an independent trader. I was provided with a fairly decent (so I thought) warranty with it, 6 months parts and labour. I was recently driving and the ABS warning lights came on, and I lost all servo assistance. I nursed it home, called the trader and he told me to bring it in for a look.

Anyway, they have decided that the servo/abs pump needs to be replaced. Now, bare in mind that on these cars the master cylinder, servo, and ABS pump are all in one unit. He has said that the warranty only covers the master cylinder (I've looked at the wording, and that is correct). However, I believe that the problem should still be covered, considering the master cylinder, servo and and ABS pump are all one unit. He's saying that because it's not the actual master cylinder at fault, but the ABS pump, he's not liable for it under the terms of the warranty.

It's an expensive unit (£700+), and he has said he will cover half the costs including labour, but I still think he should cover the whole cost.

Things have got a little heated, and he's adamant he would win if it went to court.

How should I proceed? Who is in the right?

 

[DreXeL]

It is a difficult one, granted. It's not like it's a separate part on the unit though, it's literally one big unit.

 

[DreXeL]

12 year old car, take the 50%.

It's fair point, but irrespective of age, if he's put a warranty on the car then he should honour it, no? For me the issue isn't the age at all, it's whether or not the part should actually be covered under the terms laid out.

 

[DreXeL]

'A warranty' doesn't mean bumper to bumper coverage - there are many different warranties ranging from lots to little coverage. Sure, he's purchased a warranty and put it on the car but if the documentation states the failed part isn't covered then it isn't covered.

I'm fully aware a warranty doesn't mean bumper to bumper coverage, as stated in my original post the only component of the braking system covered by the warranty is the master cylinder. I accept that completely, and had the ABS pump been a completely separate component then I wouldn't have even bothered calling the bloke. However, the ABS pump and master cylinder are all part of the same component, it's all one unit, therefore my argument was that technically the master cylinder has failed, because it is all one in the same unit, and part of that unit has failed!

FWIW the warranty isn't underwritten, he hasn't purchased a warranty from a third party company, the warranty is actually provided by the trader himself.

As it happens, I'm going to pay half as it's a massive inconvenience not having the car and to be honest it is clearly a grey area, I don't want to drag it out any longer when the outcome may or may not go in my favour.

 

[DreXeL]

He's said he can use a recon part and the whole job should come in at £550, so I'll be paying £275. I haven't seen the fault codes, no, but he said his garage seems pretty certain it's the ABS pump.

 

[DreXeL]

Isnt ABS a secondary safety device. So its failure shouldn't affect normal breaking.

Doesn't usually effect it when the ABS pump and servo is separate, but it being all in one unit the fault effectively shut the whole system down. When it first happened I googled the problem and other people experienced the same thing from a simply having a faulty ABS relay.

Stupid system in all honesty. Note that it wasn't simply a lit ABS light, it was the ABS light, brake warning light, and a very loud buzzer. About 30 seconds later I lost the servo assistance.

 

[DreXeL]

has the car been plugged into a proper code reader like a snap-on verus to have the computer tell whats wrong?

£700+ on a "must be that" is not how its done.

Also check all around the car especially around the lower rad/front bumper area, cause shoguns are rife for being rotton

As far as I know it has had a full diagnostic done, it's not just a case of ****ing in the wind. No rot, it's actually a remarkably clean example, see this thread: http://forums.overclockers.co.uk/showthread.php?t=18602817