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Warranty Warning Part Two

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Old Jul 25, 2002 | 12:40 PM
  #1  
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First thread was fascinating, but at 10 pages was getting too long... and my warning is nothing to do with mods or trackdays.

Try this: My MY99 is at my local dealer right now with the clutch stripped down and a porous alloy wheel.

They were given the go ahead to do the clutch and replace the alloy under the terms of the (extended 4th year) warranty.

But then Subaru Warranty Services saw my service booklet and because the 45K cambelt service was done at TSL and "not at an authorised dealer", they invalidated the warranty.

This is happening now and I don't know how it's going to be resolved with the dealer who has my car in bits and ordered replacement parts that SWS won't pay for.

SWS were not interested in the fact that a) the clutch has nothing to do with the 45K service; b) TSL use only genuine Subaru parts sourced from a Subaru main dealer and use genuine Subaru equipment.

One can argue the toss about mods and warranties, track days and warranties - but this takes the cake.

A Very Aggrieved Scooby Owner

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Old Jul 25, 2002 | 12:59 PM
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I thought that dealers weren't legally allowed to refuse warranty work under this condition. If you have you car serviced as per the manual and with genuine parts or equivalent, then this should be accepted.

F
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Old Jul 25, 2002 | 01:00 PM
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I thought nowadays car companies can't invalidate warranties if cars aren't serviced at authorised dealers, as long as genuine parts and diagnostic equipment etc are used?

Does the warranty booklet state that the car must be serviced at a Subaru Franchise?

If not, seek some legal advice.

I'm sure Pete Croney can comment better on this.
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Old Jul 25, 2002 | 01:01 PM
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Hmm - bit of an echo
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Old Jul 25, 2002 | 01:05 PM
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David whilst you have my sympathy a fundamental condition of the extended warranty, that's anything beyond the initial twelve month period btw, requires services to but undertaken at a franchised dealer.

Having fragrantly breached this requirement there is little option other than to pay for the repair.

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Old Jul 25, 2002 | 01:08 PM
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Having fragrantly breached...
Something smells funny about all this.

(Sorry... Sorry...)

Get onto TSL. I suspect that they will be willing to help you fight by providing the necessary proof that equivalent best practise was used along with approved parts. Be flagrant about it. :P

Nick.
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Old Jul 25, 2002 | 01:09 PM
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It can be serviced in the 1st year by a non Subaru dealer (as long as they use Subaru parts).

Years 2 and 3 must be carries out by a Subaru Dealer.
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Old Jul 25, 2002 | 01:25 PM
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Very droll Mr C,

Maybe fragmentally abused is more aposite for a minor errror of judgement
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Old Jul 25, 2002 | 01:33 PM
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Unfortunately DavyBoy is spot on about it having to be serviced at a franchised dealer.

That's the letter of (their) law. What aggrieves me is that I'm sure I read that part 3 years ago but thought nothing more of it because I knew then that I would always have it serviced at a "proper" dealer.

Trouble is, I considered TSL a "proper" dealer (and still do in terms of the work they do, usually to a much higher standard) using all the right (genuine) parts. I know it's important to have the proper service history.

Silly me for forgetting what I glanced at and took as read 3 years ago.

My problem is with the SWS "letter of the law" approach when the "spirit of the law" should be (but isn't) equally applicable.

They even had the good grace "to see where I'm coming from" and sympathise - but clearly customer relations and working practices are of little concern/interest to them.

The fact that this is so clear cut (from both sides, I agree) makes me even more angry that common sense doesn't prevail, especially for a few hundred quid, and goodwill goes down the pan.

Ethics and morals no longer exist when pedants rule the world. And I think that's sad.

djb
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Old Jul 25, 2002 | 01:39 PM
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Does sound lihe IM are going out of their way to remove the major reason for not buying Grey or Euro. Its nearing the point that before buying any UK impreza you'll need to phone IM to verify the warranty status. Wonder how many used UK models on forecourts have been refused warranty work ?
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Old Jul 25, 2002 | 01:56 PM
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So if a 13month old Scoob is serviced at Scoobysport, TSL, Scoobymania, PE etc, the warranty will be void?

Isn't that classed as restrictive practice or something similar?

I thought car manufacturers couldn't uphold this anymore - rather than believe what SWS say, I'd check out the true law if i were you....although it doesn't look good

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Old Jul 25, 2002 | 02:03 PM
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Extended warranty is undertaken & managed by Mondial in Croydon, not IM.
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Old Jul 25, 2002 | 02:11 PM
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I always thought that the extra 2/3 years warranty was only valid if serviced at authorised subaru dealers. Most all car dealers do this in the UK that I know of.

regards,

Greg
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Old Jul 25, 2002 | 02:11 PM
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Craig
Having discussed it with Pete Croney a while back, i'm pretty sure the bit of Euro legislation - and I think it's tied up in the Block Exemption etc paper - that frees non official IM companies to work on the cars with full warranty still applying has either not come into force yet or been watered down.

But, if this is crap, Pete will tell me
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Old Jul 25, 2002 | 02:17 PM
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...and presumably Block Exemption changes are going to outlaw this? Too late for you though David I'm afraid.

Like Craig said, check out the law in this regard before giving up. I would also be tempted at this point to get your car, parts and all trailered over to TSL for the rebuild work and not let IM profit from your misfotune further....

Matt
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Old Jul 25, 2002 | 02:48 PM
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Dave,

Snap....

Matt
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Old Jul 25, 2002 | 03:04 PM
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AFAIK currently any warranty is just another contract between buyer and seller.

If that contract says "franchised subaru dealer" then there is nothing to stop IM (or anyone else) for that matter with whom you have that contract declaring the warranty void due to breach of contract on your part. After all, you do not have to buy the car.

In this case X offers a warranty, subject to certain terms and conditions being met. If you choose not to meet those terms and conditions then X has the option to withdraw that cover.

Its not about whether or not the work done by the non franchised dealer in any way effected the failed part or not, its a simple case of contract law.

Unfortunately

D
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Old Jul 25, 2002 | 03:08 PM
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I think the Block Exemption issue relates to the manufacturers warranty.

Beyond that,i.e. 2/3/4yrs, it's a badged aftermarket "insurance" policy underwritten by Mondial. So according to the terms and conditions a 13 month old Scoob could be excluded by the warranty provider.

No more a restrictive practice than insurers refusing to cover 18 year olds on an any driver policy.

But I'm happy to be corrected by Mr C
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Old Jul 25, 2002 | 03:25 PM
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Having worked at an IM dealership and obviously here.. this is s strange one.

Normally IM (and Saab.. other franchise at dealership) were fairly sensible.. Ie... If an engine claim was made after say a suspension change.. no problem.. If an engine claim was made after extensive engine changes.. no dice.. This seemed to be the pattern

As I understand it David's claim is for a defective clutch which he reported whilst previously in the dealers care. What is worrying for everyone is that the only work carried out here was a 45k service and minor aesthetic trouserfication ... Interesting to know how IM square this against 7 month old clutch judder. Not a component touched during that service unless otherwise instructed.

Please let us know how we can help David,

Cheers

Paul
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Old Jul 25, 2002 | 03:46 PM
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Trouser,

Its not a case of squaring work done against the defect.

as I said above its breach of contract, pure and simple.

Anything to avoid paying out on a claim

D
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Old Jul 25, 2002 | 03:52 PM
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Rather than taking out extended warranties with IM would it not be better to use third party warranties such as the AA provide. I am sure they do not tie you down to 'franchised dealers'.
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Old Jul 25, 2002 | 03:54 PM
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Diablo

I'm sure you're right mate ... not big OR clever tho

What is funny is how many main dealers buy and fit ours and SS etc.. and i'm sure many other aftermarket parts with impunity. Like you say.. their policy.. their rules
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Old Jul 25, 2002 | 04:05 PM
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Yup.

And it sucks

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Old Jul 25, 2002 | 04:22 PM
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Oh, it gets better.

So having had attention drawn to and presumably aknowledging this car had developed a "characteristic" of the marque. They are now claiming exemption as an unauthourised garage subsequently serviced the car

Like to see how that stands up contractually morally or otherwise!
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Old Jul 25, 2002 | 04:23 PM
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Whilst it seems IM / Mondial are well within their rights of the contract, it's not exactly good PR is it?

Fine, so they might save £500ish on the clutch work for David. However, I would suspect he'll strongly consider not going down the official UK Subaru route should he wish to upgrade to a new Scooby. That's £500 out of the warranty kitty compared to maybe £000s lost on the sale of a new Scoob in the future.

I'd agree 110% that (for example) should you mess with your engine and it goes pop, then asking for it under warranty is pushing your luck.

In this case though, a little common sense would win a lot of friends and be good for the IM / Mondial image.
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Old Jul 25, 2002 | 04:31 PM
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When was the 45K service carried out? Was it before the extended warranty was bought?

If so isn't the contract null and void? Shouldn't therefore IM/Mondial be refunding the cost of the extended warranty?

Then you can ask the garage to put the car back together and take it to TSL to be fixed at non subaru prices!
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Old Jul 25, 2002 | 05:28 PM
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Nope, they don't have to repay they cost, cos they didn't breach the contract.

Its win win for them

D
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Old Jul 26, 2002 | 09:44 AM
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hmm, where oh where do I buy my next car from...

There is an opportunity for a bit of PR for IM here.
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Old Jul 26, 2002 | 10:09 AM
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Our approach seems to work - never keep an Impreza beyond the first year LOL
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Old Jul 26, 2002 | 05:37 PM
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Just to add another franchise into the argument. VW will invalidate your warranty on a new VW if you over shoot your mileage by a couple of thousand or go over by a few months. This is on their dealers database & no work is undertaken under warranty if your warranty has been voided without the customer footing the bill. It can't be reinstated after it's been invalidated either.This system has been running for years. The long & short of it you can have a 14 month VW car that has no warranty.

Each manufacturer has its own terms & conditions for warranty. Its quite simple really, if you want to keep your warranty intact, Do not race & rally it, Do not modify it & have it serviced when & how they specify in the warranty & service book.

BE WARNED
I don't think these cars will be the last.

AWJB
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