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techneil

HI THERE I PURCHASED FROM A DEALER IN AUCKLAND NEARLY 13 MONTHS AGO FOR A LITTLE OVER $30,000 .CAR HAS ONLY TRAVELED 5000kms AS IS NOT MY DAILY DRIVER.I HAVE HAD VARIOUS ISSUES WITH THE VEHICLE THE SERIOUS ONE IS I FOUND METAL AND ALLOY PARTICALS IN THE OIL FILTER AFTER ONLY TRAVELED 2000kms. AT THIS TIME I EMAILED THE DEALER OF MY CONCERNS OF WHICH HE EXPRESSED THAT WHILE HE WOULD PAY FOR THE ENGINE MOUNTS IT NEEDED HE WAS NOT INTERESTED IN THE OIL FILTER METAL PARTICALS FOR A ISSUE THAT MAY OR MAY NOT ARISE. THE VEHICLE ENGINE HAS SINCE FAILED IT HAS A VERY LOUD KNOCK COMING FROM THE DRIVERS SIDE CAMSHAFT. HAVE CHECKED THE NEW FILTER (DONE 3000kms on this one) AND IT IS ALSO FULL OF METAL AND ALLOY PARTICALS. I HAVE SENT A EMAIL TO DEALER REJECTING VEHICLE AS NOT FIT FOR PURPOSE AND DUE TO THE NATURE OF FAULT BELIEVE TO BE SERIOUS . MY QUESTION IS HE HAS EMAILED BACK AND WANTS VEHICLE SENT TO AUCKLAND (I AM IN ROTORUA) BUT HAS NOT ANSWERED ANY OF MY QUESTIONS RE ACCEPTING LIABILITY OR OFFERED TO PAY FOR TRUCK TRANSPORTATION COSTS. I WANT IT TO GO TO THE LOCAL MERCEDES AGENT FOR ACCESSMENT AS HE HAS USED HIM BEFORE MANY TIMES WHICH I CAN HAVE TOWED DOWN TO WITH EASE AND NO COST. WHAT IS THE LEGAL STAND ON THIS PLEASE REGARDS NEIL.

Anon

Hi Neil,
With regards to the CGA, the dealer must be given first right of remedy and as part of that they can request the vehicle be sent back to them (as it is not their concern that the vehicle now lives in a different city). The process to follow can be found here: https://www.consumerprotection.govt.nz/help-product-service/cars/solving-issues-car-dealer/

techneil

HI THERE THANKS FOR REPLY. QUESTION WHO PAYS FOR COST OF TRANSPORT AND DO I HAVE TO BE KEEP IN THE LOOP RE WHAT IS WRONG AND REPAIRS. AS STATED HE HAS AT NO STAGE ADVISED THAT THEY WILL BE PAYING FOR ANY PART OF THIS AND I AM VERY CONCERNED THAT I COULD END UP WITH A CAR WITH A STRIPPED DOWN ENGINE IN A TOWN WITH A REPAIR OUTFIT THAT I DO NOT KNOW. AND THEY THEN SAY THEY WONT BE PAYING FOR ANY REPAIRS. YOUR ADVISE IS MUCH APPRECIATED THANKS NEIL.

Anon

Hi there,
Consumer Protection states with regards to faulty products: "It’s your responsibility to return the item, but if postage will be expensive or complicated due to the size, height or method of attachment, then the business must collect it at its own expense. Keep your receipts to recover reasonable postage or transportation costs".
It also says: "When you approach the dealer, they should get the vehicle inspected and decide whether the problem is minor or serious". There are remedy choices available that depend on the outcome of their inspection.
The seller may not be willing to make any indications until they have assessed the vehicle for themselves.
At the end of the day, get everything in writing, keep receipts for any costs occurred just in case mediation is required in a disputes tribunal.