My FGX XR8 denied warranty

[MDS69]

I pity the people that buy press test cars and have to claim warranty.

[LoudPipes]

The first thing a consumer should be aware of is that what a manufacturer or seller of goods and services says in their warranty means diddly squat, it’s what the ACCC has to say that is important.

Just because a manufacturer says it won’t offer warranty doesn’t mean the Australian Competition and Consumer Commission agrees with them.

Many a manufacturer has been told their warranty advice doesn’t conform with consumer law or customer expectations.

Go to an expert and seek some professional advice.

Don't advertise a car for its performance capabilities if it's incapable of meeting those demands.

[GTP534]

Whether or not to go "public" about it is a matter of opinion.

In this case we don't know the full extent of discussions between the parties and it seems all avenues open to Kempy have not been explored.

Until that happens it's my opinion to keep the matter within the concerned parties.

The car has been modded (air filter, coilovers, swaybars and lights) and rightly or wrongly this puts him on the backfoot with Ford, even for an unrelated failure.

It seems also the dealer has not gone into bat strongly for him either and that's disappointing.

As you say, the dealer should get the car in their workshop and do a more detailed investigation.

[PepeLePew]

I feel for you mate but the provisions of the warranty are clear, and I'm sure it was in the back of your mind when you chose to take it down the quarter. That said, perhaps try a different dealer that'll work a bit harder on your behalf and sell your case better. A lot of yelling at Ford here, the dealer is in the middle and doesn't always do you any favours. Such dealers that actually give a stuff exist here in SA if no where else Good luck.

[nuthin' fancy]

The warranty link above uses the general term 'proper usage'. I would have thought it would be an easy get out for Ford if the vehicle has been used in Motorsport. Ford, cleverly, do not in any way describe what 'proper usage' means.

[Chopped]

FORD "Go Further"

I would have thought further than 8000kms....

[Trump]

Originally Posted by 78xcgxl

That settles it for me, will post pictures of my cars on forums to a minimal now, stuff it.

I always figured it was an unwritten rule of posting stuff on the internet to never post photos of yourself or your belongings that can be used to identify or indict you.
Then again, Facebook wouldn't exist if it was the case...

Kempy, you're not done yet. Take it to another dealer, get some heat onto the Ford CSC (if they have even been involved yet) and get this sorted in your favour.

[duaned]

Sell it and buy a GTS! Sorry I had to say it!

[Franco Cozzo]

This is what I was saying in the other thread, the car still has the stock tune it should be covered under warranty.

This is SUPPOSEDLY a "sports" car, correct? So why is it not covered under warranty when used for its intended purpose?

I'm sick of **** like this happening, if you need a hand spreading this around give me a yell.

People hold off on modifying their cars because of warranty, I raise you this:

What warranty?

[Stefan]

Just put a KB charger on it, zorst, tune and move on....

No warranty so do as you please.

[Silver Ghia]

Originally Posted by kempy311

Apparently it's the ford engineering department that has denied it as it's not a manufacturing fault. Not sure how they can tell that because the dealership looked at it for 15mins. Not to mention it took 2 weeks for them to tell me that.

Hey Kempy, what inspections did they perform to come up with this conclusion, that its not a manufacturing or design fault? Did they disassemble the supercharger, then examine the components as necessary to determine the cause of failure?

If not, then how can they come to this conclusion?

However I do remember you taking it down the strip and was surprised you did at the time due to the car being so new. But Ford need to perform detailed analysis to determine cause of failure, not just wash their hands off it.

[Romulus]

Go talk to consumer affairs. It may be adventagious to get yourself a commercial lawyer and have them send the dealer a letter reminding them what Ford's obligations are.

It sounds like the vehicle simply isn't fit for purpose. It's a performance vehicle, you have availed yourself to it's performance in a legal venue, Ford cannot deny warranty because you did so. Typical of a dealer to make you do the hard work, but it will be worth it in the end. You should attempt to escalate the matter to Court so you can make an application for costs to cover your legal fees.

[kempy311]

Originally Posted by Silver Ghia

Hey Kempy, what inspections did they perform to come up with this conclusion, that its not a manufacturing or design fault? Did they disassemble the supercharger, then examine the components as necessary to determine the cause of failure?

If not, then how can they come to this conclusion?

However I do remember you taking it down the strip and was surprised you did at the time due to the car being so new. But Ford need to perform detailed analysis to determine cause of failure, not just wash their hands off it.

I'm pretty sure all they did was take the belt off and start it and there was no noise. The car has not been stripped down at all. New car or not I didn't know you couldn't take it down the strip I would have never even guessed as it is a performance car.

[Romulus]

Originally Posted by Brazen

Funny that Ford doesnt want people to use the XR8 at the track.

When from the forum the XR8 Program manager said at the vehicle media launch to a Ford forum invitee:


http://www.fordforums.com.au/showthread.php?t=11428879



or what about what another Ford employee a Ford engineer said about the new XR8:

http://www.drive.com.au/new-car-revi...127-3larj.html
So they want buyers to do this on the street??


Or what about how the car has launch control? What for if you cant use it?



http://www.fordforums.com.au/showthread.php?t=11428879



Tell them to get stuffed.

This would be good evidence in Court.

[Romulus]

Originally Posted by kempy311

I'm pretty sure all they did was take the belt off and start it and there was no noise. The car has not been stripped down at all. New car or not I didn't know you couldn't take it down the strip I would have never even guessed as it is a performance car.

Which dealer? Macaroni's in Morley?

[Silver Ghia]

Originally Posted by kempy311

I'm pretty sure all they did was take the belt off and start it and there was no noise. The car has not been stripped down at all.

Nowhere nearly good enough on Fords part.

[kempy311]

Originally Posted by blackwasp

i feel sorry for you mate but honestly everybody knows a new engine in any car being a ferrari or fiat pinto needs time to bed in the rings etc etc. to take a 2000km car to the drag strip is negligent to say the least. mechanical sympathy has to come to mind for at least 5000km if not 10000km. i have been buying new cars for the last 26 years and have never had an serious engine problem.

i drove my brothers wry when new around 1500km then again at 17000km . totally different car , it felt like it had another 50kw added on!

if you were ford and warrantied every car that got thrashed at the track you would go broke overnight!

Load of bull modern cars don't need bedding in. It also is very hard to find a set of rings in a supercharger.

[Brazen]

Not that it matters much to the OP but I'm not going ahead with the test drive of the new Mondeo wagon in early May. Cannot be bothered dealing with Ford anymore when you hear stories like this. The market is too competitive. And using this forum to look back on his photos to deny warranty... It has struck me personally as I've been a member on here for years.

My dad was supposed to be ordering a new V8 mustang before end of financial year and you kind of wonder how Ford will d!ck him around if he gives it a good flogging (which they should handle). He gets more fired up than me over these types of stories

[Smoke Pursuit]

This is disappointing... I could understand their position if it was Tuned or if you were racing it, but a few quarter mile runs???

Your contractual arrangement is with the dealer so I would be calling upon them!

[Dash_XR]

So legally you can't ever get your supercharged performance saloon over 100 without voiding it's warranty? What the point then?

[asagaai]

Originally Posted by sbutler

I think Kempy311 has a good case. Yes he did drag the car, but as has been said, this in no way can put undue stress on the SC as its running all the time just like the engine. So how would dragging the car have anything to do with the SC?
8000Ks is also a point, you can [under the law], expect a product to perform its intended task for a reasonable period. As this isn't drive line related. In this case 8000Ks in not beyond a reasonable period.. 180,000 then yes you have your moneys worth.

I would go on with this. I dont think its unreasonable to expect your car to last more than 8000Ks.. The sticking point would be the drag strip/motorsport issue. But if you can get an engineer to attest to the fact that dragging the car hasn't caused the damage, I think your on solid ground..
Just my opinion...

This is pretty good advice moving in the right direction. Thinking about your situation a little further, I think you may have some prospects under the statutory fit for purpose Federal/State legislation, despite my earlier comment.

1. Check the ford warranty, look for the exclusions regarding motorsport, etc, you need a good litigation solicitor who deals with insurance matters/commercial contract matters to interpret the clauses to see if Ford can rely on the motorsport/improper use clauses to wriggle out of their warranty.

2. Your strongest case (assuming the Ford warranty has a motorsport exclusion) would be to pursue the entity you purchased the vehicle from for unfit for purpose under the Australian Competition and Consumer Act, and depending on your state, the state legislation -"sales of goods act' etc, which also implies fit for purpose/merchantable quality into the contract.

You need an expert mechanical engineer (not just mechanic) to assess the supercharger, and give an expert opinion to the effect that operating it at a dragstrip x 3 runs given the revs and duration (are within the specs and design parameters of the Eaton- supercharger - lets assume you get this opinion) and if the expert says that it failed due to the bearings/etc and the bearings or whatever were defective, then it was not the use of the vehicle, which the Eaton has been designed for, but simply that the product was not fit for purpose and failed and was not merchantable.

You would then sue the person you purchased the vehicle from (by contract) as supplying a vehicle that was not fit for purpose under the Competition Consumer Act/Sales of Goods Act or whatever your State equivalent is, pleading contract and the implied federal and statutory implied warranties.

Assuming you get the expert evidence, you would have pretty good prospects of achieving a judgment, but it would not be cheap- ie expert fees, filing fees, legal costs.

But, assuming you did not tune it or do other mods and only did 3 runs at a drag, in all the circumstances it is bad form in terms of the dealer you bought the car from/Ford not managing the dealer. They are also trying to shift what is required in an evidentiary sense.

You do not have to prove a design fault or manufacturing fault, simply that it was not fit for purpose- and you do this as I detailed above, ie usage that the product was designed to do, failure not caused by modifications taking it out of the design usage parameters, and evidence that it failed - ie due to bearings failing etc- and was not fit for purpose, by expert opinion.

That is all that is required for the Court to determine product not fit for purpose.

But really, given what you say about no tune/engine mods, the dealer you bought it from should make good given the implied warranties for fit for purpose that will be implied into your purchase contract.

If you were revving the engine to 7,300 revs beyond the design parameters of the Eaton, and the excessive revolutions of the engine/super was causative of the failure, then the contracting dealer would be or more solid ground to reject, but if you were revving the engine and keeping the Eaton spinning within the Eaton specs, the dealer should make good.

Good luck.

[Sprint XR8]

Racing Your Mustang Will Void Its Warranty, Despite Line Lock

Basically, it means exactly what it says: race your Mustang and you can expect the warranty to be void.

But what, exactly, is racing? Brian Cotter, global Mustang communications coordinator, wrote via email, "If you are using this feature in an actual race (ex. at a drag strip vs. your neighbor’s Camaro) this would create a problem from a warranty standpoint."

Cotter further explained, "There is nothing wrong with testing the capabilities of the Mustang in a non-race environment. You could, for instance, test your quarter-mile time on a closed-course. This would be permissible because you aren’t competing against any other car OR against a predetermined time, etc."

http://www.motorauthority.com/news/1...pite-line-lock

[FPV097]

Isnt it a Harrop HTV blower on these engines ? Would be interesting to see what they have to say about it instead of the stooges at ford, if it is a Harrop charger I can give you a contact to talk to behind the scenes.

[asagaai]

Originally Posted by FPV097

Isnt it a Harrop HTV blower on these engines ? Would be interesting to see what they have to say about it instead of the stooges at ford, if it is a Harrop charger I can give you a contact to talk to behind the scenes.

No Harrop did the manifold, is an Eaton Supercharger, you can get the spec sheet which provides usage parameters.

[kempy311]

I'm more disappointed that ford didn't even look into it.

[Falcon Coupe]

Originally Posted by kempy311

Pictures from this forum

My initial thoughts were wow, how is that different to taking off hard on a back road? Stock car and no tune should be able to do it all day every day. But...

Checking your other thread you have posted a lot of info that doesn't work in your favor.
Raced at 1200klm before the first service on semi slicks with 20psi. The custom plates and talk of an E85 tune and future mods certainly paints a negative picture for the person who took pictures from here.

Personally I would have thought a stock car running down the strip would have been fine and likely have done the same myself.

It maybe time to fast forward the mods and go aftermarket as you had planned.

[Brazen]

Originally Posted by Falcon Coupe

My initial thoughts were wow, how is that different to taking off hard on a back road? Stock car and no tune should be able to do it all day every day. But...

Checking your other thread you have posted a lot of info that doesn't work in your favor.
Raced at 1200klm before the first service on semi slicks with 20psi. The custom plates and talk of an E85 tune and future mods certainly paints a negative picture for the person who took pictures from here.

Why should a warranty start after a 1000km, or 2000km. I know there is extremes but still...

I thought the car was stock? Semi slicks are not stock, but that should only be an issue if he had a diff problem.

Ford should prove that anything he did to (in their eyes) void the warranty directly caused the fault itself.

They can't refuse to fix my power windows if I exceed my tow rating.

[FPV+fteT3]

Typical ford response anyone wonder why Vfacts figures each month are shyte for the Ford brand? people are over this garbage, the brand is on the nose and staying that way.
Ford build a performance car and won't stand behind the product despite all the BS about improving service and warranty its easy to see same old ford lines, they all do that sir or its not covered as it broke on a day ending in y.
The fact they won't stand behind it for warranty or service because of a few 400m sprints, speaks volumes for the product and attitude at ford.
Buy a Renault Meganne as someone said in the closed thread or a Lotus as many track days as you like all warranty covered I mean you bought the sports model, paid a premium for such a vehicle so they expect you to drive it that way at times and enjoy what you paid the extra $$$ for.
Good luck with it mate, seems you paid a premium for a product that ford do not consider is up to the hype they built up around it, 0-100 in 4.7 seconds but don't you attempt that as it will void your warranty.

[Fordman1]

Originally Posted by Falcon Coupe

My initial thoughts were wow, how is that different to taking off hard on a back road? Stock car and no tune should be able to do it all day every day. But...

Checking your other thread you have posted a lot of info that doesn't work in your favor.
Raced at 1200klm before the first service on semi slicks with 20psi. The custom plates and talk of an E85 tune and future mods certainly paints a negative picture for the person who took pictures from here.

Personally I would have thought a stock car running down the strip would have been fine and likely have done the same myself.

It maybe time to fast forward the mods and go aftermarket as you had planned.

Yep.

You Play you pay

[Spurious]

Originally Posted by nuthin' fancy

The warranty link above uses the general term 'proper usage'. I would have thought it would be an easy get out for Ford if the vehicle has been used in Motorsport. Ford, cleverly, do not in any way describe what 'proper usage' means.

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!