My FGX XR8 denied warranty

[Fordman1]

Originally Posted by Iggle Piggle

Can the OP confirm Ford's argument is not that the damage was a result of that day at the drags, rather their stance is that day at the drags proves you mis-treat vehicles and as such they will not honour the warranty?

If that is the case then does that mean if the OP also had say a Mondeo for a daily drive then they would not honour warranty on that either based on how he drives his XR8?

And for how long after that day at the drags will the OP be blacklisted with Ford? If he goes and buys another XR8 later this year will they honour warranty on that?

For how long after going to the drags is it presumed you have an unsatisfactory driving manner?

Wouldn't be wise to put their hand up right now but how many members here would fall into this 'not-covered' classification? How many are pulling photos and PM'ing mods to delete ETs etc

Mods to ECU enough said.

[Franco Cozzo]

Originally Posted by Barraxr8

Mods to ECU enough said.

Provide proof of said mods.

[Brazen]

Originally Posted by Big Damo

Provide proof of said mods.

I believe he is a employee of Ford Au?

[Polyal]

I'm with Iggy, what exactly did they say was the problem? Have you received something in writing?

To not warrant car car based on what someone might do is not right...nor does it sound anywhere near legal. Where is the proof? Ford do worse to these cars, the press burn rubber with them half the time which would be worse for the car than a couple of drag runs....

have we got the full story?

[JG33]

I feel for the OP but this is a hard lesson to learn, once you make mods on a car with new car warranty you're playing with fire. Ford can even void your warranty completely especially mods to the ECU. I would get advice from ACCC and see where you stand, even better, a lawyer if you can afford one but it ain't looking good.

Unless you don't care about voiding the warranty, mods should be done after it expires.

[Polyal]

Yeah I thought he said it wasn't tuned.

[Franco Cozzo]

As far as we know he claims it wasn't tuned.

[asagaai]

Originally Posted by Big Damo

As far as we know he claims it wasn't tuned.

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.

[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?

[NX74205]

Originally Posted by asagaai

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.

Tune or not, 'fit for purpose' doesn't mean fit for a drag strip. I doubt very much that OP would get anywhere with a 'fit for purpose' argument. Its purpose is as road transport to get from A to B, not the drag strip. Whether it's a Fiesta or an XR8, the bottom line is that it's a road car, not a race car.

Originally Posted by Big Damo

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

They do, but they have absolutely no obligation to do so in public. We've only heard one side of the story so far.

Originally Posted by Brazen

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.

It's easy enough for Ford to argue that it wasn't designed for the drag strip, thus the failure cannot be attributable to it being not 'fit for purpose'.

Originally Posted by Brazen

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.

If the buyer doesn't read or abide by the terms and conditions of the warranty, it's hardly Ford's fault when things go south.

[Brazen]

Its all pretty confusing though as Ford gave him that manner and behaviour reason and produced photos from this forum of an event that happened 6000km earlier.

[BIONIC MAN]

What if Ford gets photos of how I treat my OTHER cars!?! Ooohhh nooo.
Will I be asked to to sign a disclaimer upon purchase of any new car that my warranty is void based on this? (Mods please delete avitar )

All these people saying it was modified or tuned, please read the whole thread... Or tell us where your getting your info from.

[olfella]

Going back to the OP he says quite clearly the only mod was an air filter - NO TUNE!

[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.

[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

[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.

[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.

[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.

[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?

[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