My FGX XR8 denied warranty

[Uwish]

Well I was going to order a Mustang .... Not now.
I love to test my cars, so I will go buy another HSV.
At least HSV allow their cars to be TESTED!! Fraud, you have lost me as a customer.

[Franco Cozzo]

Originally Posted by asagaai

Well, Barra says ECU tuned.

Therefore, Ford and dealer will have to prove tune, and if they have the computer files showing the tune in admissible form, it will be proved.

As I said, no point trying to be non candid- and hiding facts. Disclose all facts and engage.

The Ford warranty exclusions for modifications is pretty clear and wide, and would exclude a tune.

Likewise, the statutory warranties of fit for purpose will likely not apply as the car with tune is not what was produced and sold by Ford.

So- if there was no tune, I feel sorry for the user and the dealer should make good.

If a tune, engage with facts, be honest, suck it up and move your mods forward and self warrant.

Who is Barra in this equation? Did he personally check over the car at the dealership? How does he know its tuned? Can he provide proof?

Ford has s right of reply, if they want to defend themselves they have to prove Kempy wrong and them in the right.

So far we haven't seen proof the car has been tuned. We've got the owner here claiming the car hasn't been tuned but others claiming it is, ok if it is show us some proof.

If you look in the build thread for the car it ran a high 12, is that consistent of a factory tune car?

[MITCHAY]

If in fact the claim has been knocked backed based on it being dragged and without giving due consideration to other factors, I would be pretty annoyed too.

[aussiblue]

Unfortunately Page 16 Clause 2 of Ford's warranty terms and conditions is pretty clear.
http://www.ford.com.au/servlet/BlobS...ename%3DmyFord Vehicle Warranty PDS.pdf&blobheadername2=Cache-Control&blobheadervalue2=max-age=86400

Where this warranty will not apply

It being used or has been used or tested in preparation for, or participation in, any form of motorsport.

Given this, Consumer Affairs, ACCC etc. will have no interest. And BTW the Ombudsman was never going to be interested his office only deals with complaints about Government agencies.

And most mainstream manufactures have the same exclusions; even with models that suggests they are made for motorsports such as Holden's Club Sports.

[Brazen]

Originally Posted by aussiblue

Page 16 Clause 2 of Ford's warranty terms and conditions is pretty clear.
http://www.ford.com.au/servlet/BlobS...ename%3DmyFord Vehicle Warranty PDS.pdf&blobheadername2=Cache-Control&blobheadervalue2=max-age=86400



Given this, Consumer Affairs etc. will have no interest.

Terms and conditions mean not as much ultimately, the item needs to be fit for purpose. Ford could say warranty is void when ambient temp is over 35 degrees - courts, consumer commissions would ignore it.

[egoxr6]

To me, it's a manufacturing fault. Performance car - track or no track - it was obviously going to **** itself. Stick to your guns. Don't give up on them.

[aussiblue]

Terms and conditions mean nothing ultimately, the item needs to be fit for purpose. Ford could say warranty is void when ambient temp is over 35 degrees - courts, consumer commissions would ignore it.

Yes; but Ford will say it was built and sold as a grand touring car not a drag car; case closed. And most Fair Trading and Consumer Affairs agencies have a similar view:

eg http://www.fairtrading.nsw.gov.au/ft...arranties.page

[The dealer guarantee does not apply to:

•damage which occurred after sale and was caused by misuse or by negligence of the driver, or because the motor vehicle was used for motor racing or motor rallying

Ford also have made it very clear in regard to the Mustang http://www.themotorreport.com.au/587...oid-warranties

US site Motor Authority noticed a small message at the bottom of Ford's PR video for the line-lock feature saying, "Racing your vehicle will void your warranty". After approaching Ford USA for clarification, it appears that Ford will indeed cut up your Mustang's warranty card if you line it up against another car at a drag strip or racetrack.

[Iggle Piggle]

Remember that one time, at Band Camp, when people thought it was good that Ford came on and read the forums.

Wonder what the position title is of the guy or girl at Ford assigned to reading forums to gather evidence of modified vehicles and/or vehicles used in motorsport activities?

[wicksy]

Gotta love Ford dont you, I would be wanting an offical letter from Ford Head office then go from there, surely just surely they can be serious about this, it goes to show their lack of car for their customers lately which is a damn shame

[aussiblue]

And the fact that there is widespread information published and available to the Public Ford can argue that it is common knowledge that use in motorsports voids the warranty:\
http://www.caradvice.com.au/85588/se...-warranty-you/

And, although you might not actually abuse your car during a track day, motorsport use is something that generally voids warranties.
Read more at http://www.caradvice.com.au/85588/se...1wVyY2mCX3f.99

[aussiblue]

This is not new or unique to Ford my first new car was a 1972 Mini Moke a even had a sticker in the engine bay advised that use in motorsport voided the warranty - it was the pre gymkhana days so I used to wonder how you would contemplate using it in motorsports.

[Franco Cozzo]

Originally Posted by aussiblue

And the fact that there is widespread information published and available to the Public Ford can argue that it is common knowledge that use in motorsports voids the warranty:\
http://www.caradvice.com.au/85588/se...-warranty-you/

Then if it breaks under sport use they shouldn't advertise its a "sports" car?

Here is our fast family car, does 0-100 in 4.7s consistently BUT DON'T YOU DARE USE IT ON THE TRACK!.

You cant have it both ways its either a sports car or its not.

[SensationFG8]

First step here is surely to get the denial reason in writing. If it is indeed the fact it has been dragged and they want to write that down it takes you a step closer to resolution. If they don't want to put a reason in writing straight to consumer affairs.

Edit: you need to write a formal letter asking for the written response. I know it's a pain, but if this car hasn't been tuned it's worth it.

[b2tf]

Issue as I see them:

1) No actual investigation as to cause of failure - seems more like assumption
2) No proof/confirmation of mods to car e.g. ECU
3) Based on above warranty denied BUT has that been by Ford or the dealer?

I wonder if all of this could be sorted if the car went to another dealer?

Anybody who thinks Ford don't read this forum has rocks in their head.

[Top_Ghia]

Originally Posted by Smoke Pursuit

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

This is where it's at. Under the current consumer laws the retailer is ultimately responsible for the warranty regardless of what the Ford book says.
Simply return it for a full refund if they are refusing to repair it.

[aussiblue]

I am not unsympathetic to the OP but I don't know of any manufacturer who doesn't void their new car warranty if the car is used in motorsports. Perhaps some of the exotics but I can't find one yet.

[mik]

Originally Posted by aussie muscle

so i can flog the guts out of my Ford, and still get warranty so long as i don't hit the drag strip? I'm sure that's what happens for most Mondeos.



It's not the Falcon Motor Company. there's still Focus groups and Fiesta siestas


which will be more expensive, lawyers or replacement parts?


if it doesn't specifically say 'motorsport', i'd still expect them to honor the warranty.

I believe I did say you could drive it hard......... Up to a point, but obviously you can change the drive ing style from driving it hard to full blown abuse,
if you are driving like Stirling Moss and you chuck it a back a cog and miss...... Going back three cogs instead of one a buzzing the engine to 9500 rpm or doing hours of full throttle burn outs, or chucking many big roll backs............... This sort of treatment for example I would not giving an owner warranty coverage.
Again not in any way saying the OP did any abuse just an example why motor company's on occasion refuse warranty.
Proper race cars costing far more than factory muscle cars still break stuff........

Getting back to the original post, it is hard to make any judgement without knowing both sides of the story and detailed facts, so on that note......

[blackf6]

Should of kept the good old b0ss '290.

[Dave R]

This the same car they advertised by filming a V8 supercar driver reaming it round a track lined with Falcon fanatics on an airport runway?

Then demonstrated to attendees its ability to be thrashed in straight lines?

WOT for 13 seconds is not going to brick a supercharger. And it didn't- the car went on for another 4000km (or in other words drove the width of Australia) before presenting an issue. Ford is a joke, they need to fix this.

[Polyal]

So what happens when you track a mustang gt350? I can't take it to Germany and hit the 'ring?...damn

[Polyal]

Originally Posted by aussiblue

I am not unsympathetic to the OP but I don't know of any manufacturer who doesn't void their new car warranty if the car is used in motorsports. Perhaps some of the exotics but I can't find one yet.

True...maybe I am getting confused but the failure happened after, well after, hitting the track?

[cheap]

What did it run for the 1/4?

If it was 14 seconds, then you may have an argument that it was not "raced". But it is was sub 11 seconds, you have less wriggle room...

Another issue is selling the vehicle to someone, you'd have to mention there is no transferable warranty (I guess)

[eb2fairmont]

Originally Posted by 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

Kinda says it all with even with the best products in their segment they can't sell em.

That sort of service not only puts you off owning ford, but your family and mates as well.

So really this will take many many years to resolve, and may not ever be.

[Iggle Piggle]

If driving manner is such an issue I am surprised they warranty cop cars

[Dave R]

Originally Posted by Iggle Piggle

If driving manner is such an issue I am surprised they warranty cop cars

They're actually excluded in the same section that motorsport is excluded (p 16, point 4 of the warranty document posted earlier). Yet Ford don't seem to deny claims on ex chasers.

[BIONIC MAN]

I think the interesting point, sort of mentioned earlier, is imagine buying one of the press, test or promotional models ford had done with each new series of falcon. Many of those have certainly been used in a timed "motorsport" event.

Even the ones pictured in road tests on a track or sliding sideways with tires smoking.

I hope the new owners realise they have no warranty because some time, maybe even up to 3 years previously, the car was driven onto a track or something? Hope ford keeps track of the serial numbers so they can screw the new owners..

[Grum]

Originally Posted by aussiblue

I am not unsympathetic to the OP but I don't know of any manufacturer who doesn't void their new car warranty if the car is used in motorsports. Perhaps some of the exotics but I can't find one yet.

Porsche...

I used to work on a Porsche 997 GT3RS that killed two engines whilst racing at Bathurst two years in a row. All covered under warranty and the owner was compensated with another track day as a result.

Another guy I used to do some work for blew up his 996 Carrrera at club event at Wakefield, then took his Cayenne 'tow car' out for laps until he broke that too. Porsche road side assistance towed both cars and his trailer back to a dealer in Canberra and repaired them

[Brazen]

Originally Posted by Adrenaline

This the same car they advertised by filming a V8 supercar driver reaming it round a track lined with Falcon fanatics on an airport runway?

Then demonstrated to attendees its ability to be thrashed in straight lines?

In a perfect world (and they may not have any legal or moral reason to) if I was Ford:

I would not launch their XR8 at Winton at a racetrack - which to a reasonable person would suggest this performance vehicle could undertake some form of performance task.

Also cease any talk of the performance and acceleration characteristics of the vehicle. As really the only legal way to undertake this in a performance car is at a strip.

Also BEFORE purchasing the performance vehicle have material clearly explaining to the buyer what they deem to be behaviour or a manner they will void the warranty.

Clearly explain that as a performance vehicle it cannot be used for quarter mile runs.

[78xcgxl]

Originally Posted by gcg2503

Hey G

Ford Australia wont warrant either of your XCs or the ZH anymore mate!

Haha Not the point i was trying to put across. Just goes to show how people can use pictures or info on your cars on the net that will bite in you in the *** later.

Like for example someone could say my car with such and such Rego littered or chucked a cigarette out the window out of jealously etc

[kazawaki]

Every FPV car ever sold that did the FPV drive day was on a track and they were not driven by 85 year old church ministers,Ford allow this and even promote it ,regardless how they word it or twist it hundreds of there cars have been allowed by ford to be used on the track.For reasons still to be sorted on my car I would never buy another ford,Was looking at a ford for my wife , Gone Honda in the driveway,was looking at a mustang , Nope Kawasaki H2 in the shed,so what they say well that's 100,000 gone for them as well as the hundreds of people I speak to every week.They don't listen they don't care you have to fight them and fight them which I am continuing to do.If I treated my customers with such distane I would be out of business except I don't and business is good.