New TB having gearbox repaired - where do I stand?




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  1. #1
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    Default New TB having gearbox repaired - where do I stand?

    Hi Guys & Gals,

    I really hope someone can help / advise me on what my rights or options are. I bought a new TB in August and took it back after 2 days for them to sort out issues I wasn't happy with - one being excessive vibration in the front to the extent that there was a crackling sound coming from the windscreen.

    I was told that it might be the tyres - it was sent to the fitment centre (by the dealership) and was told it wasn't the tyres. They then got some of their senior guys up from GM to inspect the vehicle because they had similar problems with "a few" other TBs.

    After this inspection, I was told that the vehicle needed the gearbox mountings replaced - they were ordered and have only just arrived, 4 months later! The mountings were replaced on Monday and since then the vehicle has been at some or other Diff & Gearbox specialist for inspection in order to potentially lodge a warranty claim for a new gearbox. My car's gearbox is currently dismantled for this "inspection".

    In the mean time, I've been given a courtesy car which doesn't suit my requirements (I bought a 7 seater for a reason and now I have to make-do with a loan double cab). I've been telling the dealership for 2 months now that I have family arriving from the Cape this weekend and we will be setting off to Botswana on Wednesday (this also why I bought a car in August instead of waiting until January to register as a 2015).

    Am I within my rights to be throwing my toys? I bought a NEW vehicle because I didn't want any problems with a second-hand vehicle. I really didn't expect to have this sort of experience buying a new vehicle - I'm seriously miffed right now. At what point to I insist on a new replacement (if at all)?

  2. #2
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    Default

    Talk to a lawyer.
    2013 Chev Trailblazer 2.8 4x4 auto.

  3. #3
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    Default

    Hi Hells,

    Please refer them to the CPA section 55 & 56:
    You may request a new one, and it's your choice, not theirs! (56.2.a)
    (Just had a huge fight with Nissan which I won)

    Consumer Protection Act

    Consumer’s rights to safe, good quality goods
    Section 55. (1) This section does not apply to goods bought at an auction, as contemplated in
    section 45.
    (2) Except to the extent contemplated in subsection (6), every consumer has a right to
    receive goods that—
    (a) are reasonably suitable for the purposes for which they are generally intended;
    (b) are of good quality, in good working order and free of any defects;
    (c) will be useable and durable for a reasonable period of time, having regard to
    the use to which they would normally be put and to all the surrounding
    circumstances of their supply; and
    (d) comply with any applicable standards set under the Standards Act, 1993 (Act
    No. 29 of 1993), or any other public regulation.
    (3) In addition to the right set out in subsection (2)(a), if a consumer has specifically
    informed the supplier of the particular purpose for which the consumer wishes to acquire
    any goods, or the use to which the consumer intends to apply those goods, and the
    supplier—
    (a) ordinarily offers to supply such goods; or
    (b) acts in a manner consistent with being knowledgeable about the use of those
    goods,
    the consumer has a right to expect that the goods are reasonably suitable for the specific
    purpose that the consumer has indicated.
    (4) In determining whether any particular goods satisfied the requirements of
    subsection (2) or (3), all of the circumstances of the supply of those goods must be
    considered, including but not limited to—
    (a) the manner in which, and the purposes for which, the goods were marketed,
    packaged and displayed, the use of any trade description or mark, any
    instructions for, or warnings with respect to the use of the goods;
    (b) the range of things that might reasonably be anticipated to be done with or in
    relation to the goods; and
    (c) the time when the goods were produced and supplied.
    (5) For greater certainty in applying subsection (4)—
    (a) it is irrelevant whether a product failure or defect was latent or patent, or
    whether it could have been detected by a consumer before taking delivery of
    the goods; and
    (b) a product failure or defect may not be inferred in respect of particular goods
    solely on the grounds that better goods have subsequently become available
    from the same or any other producer or supplier.
    (6) Subsection (2)(a) and (b) do not apply to a transaction if the consumer—
    (a) has been expressly informed that particular goods were offered in a specific
    condition; and
    (b) has expressly agreed to accept the goods in that condition, or knowingly acted
    in a manner consistent with accepting the goods in that condition.

    Implied warranty of quality
    Section 56. (1) In any transaction or agreement pertaining to the supply of goods to a
    consumer there is an implied provision that the producer or importer, the distributor and
    the retailer each warrant that the goods comply with the requirements and standards
    contemplated in section 55, except to the extent that those goods have been altered
    contrary to the instructions, or after leaving the control, of the producer or importer, a
    distributor or the retailer, as the case may be.
    (2) Within six months after the delivery of any goods to a consumer, the consumer
    may return the goods to the supplier, without penalty and at the supplier’s risk and
    expense, if the goods fail to satisfy the requirements and standards contemplated in
    section 55, and the supplier must, at the direction of the consumer, either—
    (a) repair or replace the failed, unsafe or defective goods; or
    (b) refund to the consumer the price paid by the consumer, for the goods.
    (3) If a supplier repairs any particular goods or any component of any such goods, and
    within three months after that repair, the failure, defect or unsafe feature has not been
    remedied, or a further failure, defect or unsafe feature is discovered, the supplier must—
    (a) replace the goods; or
    (b) refund to the consumer the price paid by the consumer for the goods.
    (4) The implied warranty imposed by subsection (1), and the right to return goods set
    out in subsection (2), are each in addition to—
    (a) any other implied warranty or condition imposed by the common law, this Act
    or any other public regulation; and
    (b) any express warranty or condition stipulated by the producer or importer,
    distributor or retailer, as the case may be.
    2009 Toyota 3.0D-4D Hilux DC 4x4
    www.hilux4x4.co.za - Dan the Man
    Metalian Maxi + Tentco Tent
    ORRA - B205

  4. #4
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    Default

    +1 ask for a new one and stand your ground.

  5. #5
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    Quote Originally Posted by JohanSlabbert View Post
    +1 ask for a new one and stand your ground.
    +1

    Give the thing back and get what you paid for.
    2011 VW Amarok BiTDI DC 4Motion
    (Ex) 2007 Mitsubishi Triton 2.5 DID DC 4x4
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  6. #6
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    Default

    I have had a new car replaced for smaller issues in the past.
    2004 Defender 110 Td5


  7. #7
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    You are a very patient man!

    That is typical GMSA. We are struggling with them with a KB DC currently...
    2011 Fortuner 3.0 D-4D 4x4
    2008 Lexus IS250 V6
    Jaco



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    Question

    Thanks Guys...

    Now I feel more justified in my fight, I'll take it further. Will keep you posted on any interesting developments.

  9. #9
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    Demand a refund and get a Fortuner.

    Zero issues generally.

  10. #10
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    Quote Originally Posted by JohanSlabbert View Post
    Demand a refund and get a Fortuner.

    Zero issues generally.

    Nice try!

  11. #11
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    Hells

    Sorry to hear.

    Imperial Centurion?
    Real engines use spark plugs

    2012 Trailblazer 3.6 V6
    2017 Jeep Grand Cherokee 5.7 HEMI

    Philip

  12. #12
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    Quote Originally Posted by Vcollerp View Post
    Hells

    Sorry to hear.

    Imperial Centurion?

    Nope - East Rand. Not sure about the name & shame policies on the forum, but it's NOT Imperial and NOT McCarthy.

  13. #13
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    Quote Originally Posted by Hells View Post
    Nope - East Rand. Not sure about the name & shame policies on the forum, but it's NOT Imperial and NOT McCarthy.
    No rules there sure you are allowed to name the dealer.
    Real engines use spark plugs

    2012 Trailblazer 3.6 V6
    2017 Jeep Grand Cherokee 5.7 HEMI

    Philip

  14. #14
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    Whats a tb ?

  15. #15
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    Quote Originally Posted by mike cullen View Post
    Whats a tb ?
    A Thai developed Isuzu Frontier

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    Quote Originally Posted by mike cullen View Post
    Whats a tb ?

    Generally, TB is an abbreviation for "Thoroughbred", but certainly not in this case. I'm referring to the Trail Blazer

  17. #17
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    Quote Originally Posted by JohanSlabbert View Post
    A Thai developed Isuzu Frontier

    Lol!

  18. #18
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    Quote Originally Posted by JohanSlabbert View Post
    A Thai developed Isuzu Frontier
    Nou is ek seker.

    Jy het nie biskruit uitgevind nie ne.
    Real engines use spark plugs

    2012 Trailblazer 3.6 V6
    2017 Jeep Grand Cherokee 5.7 HEMI

    Philip

  19. #19
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    Bloody Hell!!

    So I phone the Diff & Gearbox place directly - they're waiting for a master cylinder!

    So it IS BEING REPAIRD! The dealership told me it was there for inspection to see if everything is OK. Now I'm the mo3ring.

  20. #20
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    Its not great that you buy a new car, but it has to be sent to a third party repair shop to fix it up...
    2011 VW Amarok BiTDI DC 4Motion
    (Ex) 2007 Mitsubishi Triton 2.5 DID DC 4x4
    (Ex) 2001 Mitsubishi Colt 2.8 TDI DC 4x4

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