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Author Topic: Be warranty aware - new car buyers and pre delivery aftermarket mods/accessories  (Read 14598 times)

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Offline xsm

I thought I would post up about a situation a friend of mine has found himself in.

He bought a brand new 4X4 NP300 ute and a camper trailer to do a 12 month trip around Australia. His trip involved doing some of the outback dirt roads (Great Central Road etc). Due to this, he decided to option up the NP with aftermarket suspension lift. All arranged by the dealer and fitted pre delivery. The dealer also offered him an extended warranty which he declined.

They spent a couple of months preparing for the trip before leaving Canberra. All camper and car weights were well within limits. When in Bourke, they noticed that the chassis on the NP300 had bent. They hadn't even hit the dirt yet. The car and camper were towed back to Dubbo where everything was weighed and found to be within limits.

Warranty claim was rejected due to "aftermarket accessories fitted and external forces". It made no difference that the suspension modification was done/arranged pre delivery by the dealer. Insurance was also denied. He has been left high and dry with a $40,000 to $50,000 write off.

He came home, got his 18 year old Prado, and has now completed 16,000kms of his trip in that.

I'm not posting this to bag Nissan. Please find a "bent chassis" thread if you want to take this thread in that direction.

I'm posting this to let people know that they should have the "warranty" conversation with their dealer, and get a written warranty if they choose to have accessories or mods done pre delivery. I know that many people choose to have aftermarket mods and accessories fitted pre delivery because they believe that they will be covered by warranty.

Cheers
Martin
 

Offline Freddie

If it was Nissan who refused the warranty claim, then Nissan was totally within their legal rights to do so.  Check your warranty documents.  The suspension would not have been a genuine Nissan accessory.

Any warranty claims for the aftermarket suspension or any subsequent damage, lies with the dealer who fitted it.
 

Offline mydmax2

XSM
Is the owner sure it wasn’t bent when new? Most dealers, in fact all dealers don’t, don’t check the vehicle integrity as supplied. Many D40 Navaras were sold in Australia supplied from the factory with bent chassis so I am not surprised it is bent.
Where it is bent is the interesting thing. Maybe more info relating to the position of the bend will mean much more to readers.

I have pictures of two D40’s brand new on the lot for sale and both were/are bent. Both red and sold in central Vic.
 

Offline xsm

No, wasn't bent at delivery. Friend is not the sort of bloke that would not notice. He is very car savvy. I can't say exactly where the chassis is bent. I haven't seen it, he flew home from Dubbo to collect his Prado and headed off again. Even if it was bent prior to delivery, that would be impossible to prove now.

The point of the post is not about the car, it's about the issue of who is responsible when damage is caused by pre delivery modifications/accessories. Many people pay more than they need to for modifications/accessories done prior to delivery because they are of the mistaken belief that they will be covered by the new car warranty.

Perhaps if the fault is with the actual accessory or modification the responsibility is more clear cut. It is harder to get one single party to take responsibility when the modification/accessory CAUSES damage to other parts of the vehicle.

I think it is good advice for new car buyers to have this covered in their purchase contract so that they know exactly where they stand and the level of risk they're exposed to.

Cheers
Martin
 

Offline Freddie

I think it is good advice for new car buyers to have this covered in their purchase contract so that they know exactly where they stand and the level of risk they're exposed to.

Ummm, Australian Consumer Law.

Putting an warranty clause about non-genuine accessories into a sales contract would be full of holes if challenged in a Court.

This issue is more about the purchaser’s naivety.

Out of curiosity, were airbags involved?
 

Offline mux339

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Martin, I understand, and appreciate, the point that you make about warranty.

It would be helpful to know the details of the aftermarket suspension that was fitted, in order to provide context to the discussion. People want to know how and why things bend so they can avoid similar pitfalls.
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Offline mydmax2

Most aftermarket suspension is  a bit stiffer perhaps but also more compliant than OE and allow more suspension movement/travel to absorb axle movement under load so no bottoming happens. Bottoming is what WILL cause a chassis bend. it appears the NP300 is either a weak chassis or it was bent from new.

Despite the owner being an aware person, they may have not detected the fault when new. It isn't something you go looking for is it? As others mentioned, it is where the bend is which is of interest.

 

Offline sdouglas

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I find it hard to believe the insurance claim gets rejected and you take it on the chin. If all components fitted are Australian Design rule compliant then what grounds does the insurance company have to dismiss this claim. There are legal firms out there who specialise in sorting this stuff out. Surely $40000 to $ 50000 worth of vehicle would be enough incentive to pursue this. Small claims tribunal, A Current Affairs, local newspaper could all help in some way. Cheers Shane
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Offline Freddie

Little confused.  How is it an insurance claim?  Was the bent chassis caused by impact?  Maybe I missed that detail.
 

Offline xsm

I think it's a case of nobody taking ownership of the problem because there are so many stakeholders.

Yes, in normal circumstances you would go through the hoops and use whatever avenues are available to get a satisfactory outcome. In this case, there was a long awaited, round Australia trip to get underway and knowing full well this was going to take a lot of time to resolve my mate just got on with it and I say good on him for not letting the issue possess him.

He is still doing what he can from afar and the car will likely be repaired at some point.

I'm not sure exactly where the bend is or the type of suspension mods done but I believe air bags are not involved.

Cheers
Martin
 

Offline sdouglas

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It becomes an insurance issue if you can't get a satisfactory result from the manufacturer. They have the resources to get you back on the road and then they can chase up being compensated. On face value the owner of the vehicle has done nothing wrong or illegal to a vehicle which is not fit for purpose. This is one of the reasons we all pay insurance. Sure you could argue these type of claims add to all our premiums but I for one think this is the course of action reasonable.
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Offline Freddie

If the fault is not caused by an accident, it is accident insurance afterall, then it is not an insurance claim, I would think.

If a bearing blows in the engine, is that claimable on insurance if IUA says the bearing failure was due to, let’s say, a performance chip?  Don’t think so.
 

Offline tom60

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I would have thought a vehicle warranty was void when there is a defect which could be attributed to the subsequent fitting of an after-market component. 

In this case Nissan had nothing to do with the altered suspension so any warranty issue would be between the owner and the supplier.  In this case the dealer.  Obviously most dealers will try to avoid responsibility by implying or stating the owner needs to deal directly with the company that did the suspension upgrade.  Or they will say the owner overloaded the vehicle and did the damage.   The company who upgraded the suspension will probably state they don't have any contractual obligations or responsibility towards the owner because their client was the dealer. 

The cynic in me would say insurance companies exist to take your money; remove operating expenses; and give the remainder to their shareholders.  The LAST thing they will want to do is give the customer money.  They employ in-house lawyers to minimise that happening.

 
 

Offline mux339

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Yes, very well said Tom. The person to target here for justice must be the dealer, who entered into an agreement to modify the vehicle, on the new owner's behalf, before finalisation of the sale. Which brings us back to Martin's original point; make that agreement in writing, and make it watertight.
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Offline sdouglas

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Freddie, I see your point but park your vehicle in your driveway and a storm comes while you Holliday in the south of France and floods the vehicle to the roof line. Not an accident. Vehicle gets stolen and never seen again. Not an accident. Apparently Nissan owners in the U.K. Have put enormous pressure on because of bent Chassis problems. And yes the dealer has to bear the responsibility and rectify. You would expect aftermarket suspension should be ADR approved as I said in a previous post.
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