Had a call from a very experienced Z mechanic this week that has been fighting an on going battle with Nissan.

The car in question was a Jap import it was fitted with a new heater matrix and six months later it failed again

Nissan refuse to replace this item as wait for it……………………………

 

It is fitted to an Import and not a UK car has any one else had this in the last few months?

Thats interesting as I was led to believe that the law changed a few years ago with regards to warrenty and servicing.

 

Main dealers are not aloud to refuse warrenty if servicing is not kept up with them, i:e a specific manufacturer. And this also applies to parts fitted as it is not the vehicle or the fitter that is at fault but the part itself, unless they can prove the part was fitted incorrectly.

 

So as far as i am concerned thats bull.

Im suprised Nissan still knew what a 300 was LOL most of them dont in the uk.

Im suprised Nissan still knew what a 300 was LOL most of them dont in the uk.

 

Its not a case of its a 300 this would be the same on a 200 it is the fact it was an Import and not a UK car.

 

I would fight this big style if it happened to me but the mechanic in question has not gave up fighting just yet.

mac.

 

is he aware that under the good of sale act companies warranty can have these exclusion clauses which are duly noted by law, however the exemption must by law be of a fair and disclosed nature, however under the goods of sale act

 

A replacement warranty part may not be warranted itself. Check with the manufacturer.

 

Imports or OEM parts may not be covered by a warranty, this should be confirmed pre-purchase or upon purchase whichever the case my be.

 

(There is one exception. This is when a consumer returns goods in the first six months from the date of the sale, and requests a repair or replacement or, thereafter, a partial or full refund. In that case, the consumer does not have to prove the goods were faulty at the time of the sale. It is assumed that they were. If the retailer does not agree, it is for him to prove that the goods were satisfactory at the time of sale.)

 

 

 

 

 

Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

 

Key Facts:

 

this is the most important one: • If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

 

• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

 

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

 

i hope this is of help for him..

also if they are saying that the part holds no warranty on an imported item they have to by law show this in the terms of contract reguarding the sale of that item, failure to do so is a breach of the above terms under the goods of sale act.

 

also as the nissan family of cars in this range is generic ( parts fit across the range unless model specific) they cannot at any time exclude a mass produced model oem or replacemnt item intended for its own brand of vehicle.

when i had a bump in my old zed i went to nissan for a quote to give to my insurance company, they refused to even look at it because it was an import, even though the light damage was purely cosmetic.

any dealer can refuse to service a car import or uk, there is no law that states they must, that is why you have the choice to use another garage, however they are by law required to honour any goods of sale law relating to faulty items they sell you or another trader for fitment on a generic model of vehicle.

 

uk or import makes no difference it is not the car that is at issue its the part in whole..