I do not advocate anyone following and suggestions or advice in this thread. As said it is a hypothetical question and hoping some of the more learned members can offer opinions on the matter. the thread may be of interest to others especially newbies so if you are to quote any legislation it would be appreciated.
Take for example that you buy a brand new caravan, car or something else from a dealership and according to the wording in the warranty to maintain the warranty you need to have the goods serviced annually. The servicing needs to be done on the anniversary of the purchase. However due to circumstances excluding any pandemic etc you forget to have the annual service and it goes several months past the anniversary date.
Now a scenario; In month 18 there is found to be damp around a skylight due to a crack in the skylight. The crack is a known fault and even if the caravan had been serviced on time it would have passed any damp check as the crack did not exist at the time. Would the crack be regarded as an inherent fault as the manufacturer never followed the manufacturer's guidelines for installing the skylight? Should the dealer be responsible for the repair if manufacturer refuses warranty claim as the caravan did not have an annual service and manufacturer could deny any warranty claim?
If we look at the legislation for CRA 2015 nowhere does it mentioned that for the CRA 2015 to be effective the goods should be serviced at anytime within the scope of the legislation.
Next scenario; Caravan is bought and used extensively for several months of a year and then issues arise from the extensive use for touring and not business. Manufacturer denies warranty due to the caravan being used extensively when it is supposed to be a leisure vehicle for occasional use. Dealer also refuses responsibility quoting manufacturer. Again in CRA 2015 nowhere is there mention of leisure vehicles and usage and probably not in the owner's handbook. Is there a definition for leisure vehicle and usage as a search does not throw up any definitions.
Both scenarios are based on real life experiences of some caravan owners however I am sure there are many other similar cases out there that we do not know about. We experienced scenario 2 many years ago under SOGA .
In either case do you feel that the consumer is in a strong position to be able to claim that the dealership is responsible for repairs?
Take for example that you buy a brand new caravan, car or something else from a dealership and according to the wording in the warranty to maintain the warranty you need to have the goods serviced annually. The servicing needs to be done on the anniversary of the purchase. However due to circumstances excluding any pandemic etc you forget to have the annual service and it goes several months past the anniversary date.
Now a scenario; In month 18 there is found to be damp around a skylight due to a crack in the skylight. The crack is a known fault and even if the caravan had been serviced on time it would have passed any damp check as the crack did not exist at the time. Would the crack be regarded as an inherent fault as the manufacturer never followed the manufacturer's guidelines for installing the skylight? Should the dealer be responsible for the repair if manufacturer refuses warranty claim as the caravan did not have an annual service and manufacturer could deny any warranty claim?
If we look at the legislation for CRA 2015 nowhere does it mentioned that for the CRA 2015 to be effective the goods should be serviced at anytime within the scope of the legislation.
Next scenario; Caravan is bought and used extensively for several months of a year and then issues arise from the extensive use for touring and not business. Manufacturer denies warranty due to the caravan being used extensively when it is supposed to be a leisure vehicle for occasional use. Dealer also refuses responsibility quoting manufacturer. Again in CRA 2015 nowhere is there mention of leisure vehicles and usage and probably not in the owner's handbook. Is there a definition for leisure vehicle and usage as a search does not throw up any definitions.
Both scenarios are based on real life experiences of some caravan owners however I am sure there are many other similar cases out there that we do not know about. We experienced scenario 2 many years ago under SOGA .
In either case do you feel that the consumer is in a strong position to be able to claim that the dealership is responsible for repairs?