Manufacturers Warranty Issue - opinions please.

[Thingy]

In reference to the Shogun I bought last week, a 2014 model still under Manufacturers Warranty, I noticed the green and red reference lines, present on my previous Shogun and present on later Shoguns were not displaying. Guessing that camera settings are in the hidden menu on the MMCS unit, I entered that and under camera settings, there was no option to turn them on. Mitsubishi Customer Services state quite clearly they should be present on my vehicle. After some more inspecting of this menu, I find that under the engine type settings, the selectable codes are all those of an Outlander, not the 4m41 that should be there for a Shogun. A record listed as Cumulative Driving Distance gives 27369 KM or 17006 miles. My car has only done 11500 miles.

I went back to Mitsubish Customer Services and after some discussion they told me a warranty claim for the MMCS unit had been made by the dealer on 10th May. It appears that although the made a claim for the unit, they replaced it with a unit (on paper the same) from a used Outlander, hence no reversing reference lines.

So my question to my peers is what is the legal aspect to this. Surely a warranty claim under Manufacturers Original Warranty should see the part repaled with brand new. If not, surely the part should work as if in a Brand New Shogun. There may be other issues I havent found yet.

 

[woodsieboy]

Hi Thingy
You say that Mitsubishi Customer Services say the lines should be there so in my opinion you need to return to the supplier and arrange the proper designated Shogun part be fitted.was your new Shogun advertised under their approved used vehicle scheme if so I would be questioning the supplying dealer at length as to how the vehicle was described prior to purchase.
Good Luck and let us know how you get on.

 

[Thingy]

Yes it was advertised under the Mitsubishi Approved Scheme. Currently awaiting a response from customer services. Not holding my breath, were suposed to ring 4 hours ago.

 

[Damian]

If the repair is a warranty issue then the replacement part MUST be brand new and most certainly NOT from a second hand source.

I doubt very much indeed that Mitsubishi approved such a course of action. Probably a sharp practice by the dealer who fits a second hand unit but claims for a brand new one......................usual scam.

I am sure Trading Standards would be very interested.

 

[woodsieboy]

Their approved used scheme is covered on their website, the vehicle should have been checked and any parts replaced by Mitsubishi Technicians using genuine Mitsubishi parts wonder why no one from Mitsubishi spotted that the lines were missing during this check?

 

[Woodentop]

Simple solution - reject it under SoGA as not fit for purpose.

Remember your contract is with the supplier NOT with the manufacturer, so it is the supplier that you must kick. The secret is to know where and how hard! If the supplier is a large/national organisation a registered letter, polite but firm, to the Chief Executive at Head Office often works wonders.

SoGA = Sale of Goods Act

 

[ProfJohnL]

Hello Thingy,

Your position depends on how the vehicle was described to you before you bought it. If it was described as original specification, then the lines should be present. But if no mention of originality were made then you purchased the vehicle in the condition it was supplied for inspection.

The CRA may help in so far that much of what it relies on is what a reasonable person would have understood about the deal. I happen to think a reasonable person would not expect to find a non standard display unit installed in a vehicle of that age, and consequently I think you could have claim against the seller for them to obtain and fit the correct unit.

If you have any claim it will be against your seller and not the manufacturer.

I think you should approach the seller about it, and ask them to obtain the correct unit for the car. You have the evidence of the milage to show its not correct. I wonder if there may be a fitter at the dealership who is running around in an Outlander with a new Shogun display unit fitted?

However just for your information: With regards to the manufacturer's guarantee scheme, because the content and operation of the scheme is not governed by legislation it is set out by the manufacturer in their terms and conditions, it can be as devious as the manufacture wishes. The replacement of any parts under warranty is at the manufacturer's discretion.

You will have to read the T&C's but it's possible they may cover themselves by saying something to the effect of parts used will be sufficient to return the vehicle to a safe working condition equivalent to the age of vehicle in question.

 

[Thingy]

All good points and a number of grey areas. The work and warranty claim were both pre my ownership. However, not only is the vehicle still uner manufacturers warranty, it is also a Mitsubishi Approved vehicle.

In my mind, i would expect everything to be in the same working order as a brand new vehicle. If the unit failed now, it would be replaced under Mitsubishis warranty. Can I argue the point of them using a second hand part, we shall have to see. However, i firm;y believe that I have every right to expect every part of the car to work properly. Stone chips and general wear and tear would be hard to argue against, as I saw the car as was and bought it, not that there are any.

Its certainly going to be interesting if they have been paid by or supplied by Mitsubishi for a brand new part, thats between them, though I suspect I may have opened that can of worms for them. Mitsubish CS themselves state that the reference lines should be there and if not, I should have the vehicle inspected and make a warranty claim.

What I am is damned annoyed with the garage. Its sharp practice. I know it goes on but it doesnt mean I have to accept it. Although on paper the head units are identical, the software within provides different options for different cars. It also holds the service records and various other things specific to my car and this has to be set in the unit with a code for my tyope, namely 4M41. However, this option isnt available and can only set types for both Outlander and Lancer.

This said, the head unit is not fit for purpose.

Apart from all this, I love the car.

 

[Thingy]

I spoke to Motorcodes at motorcode.co.uk who are

Motor Codes is the government-backed, self-regulatory body for the motor industry. Its voluntary membership of thousands of garages is committed to maintaining high standards covering new cars, the administration of new car warranties and car service and repair. So, whether you're buying a new car or need a car service or repair job carrying out, use our garage finder to locate local businesses that are committed to the Chartered Trading Standards Institute-approved codes of practice.

and got some excellent advice. They are adamant I am correct and moreso in the right. Armed with this, I then went back to Mitsubishi Customer Services who surprisingly were most helpful. They also confirmed that

1) A warranty claim for the MMCS was honoured by them on 10th May this year.
2) They honoured the claim for a brand new part, like for like.
3) This unit appears to be second hand.
4) It is not the right software for this vehicle.
5) Some models do not have the reference guides, mine however should have.
6) They are going to take it on for me with the garage.

Hopefully it will just be a straight swap for a new correct unit.

 

[ProfJohnL]

All good points and a number of grey areas. The work and warranty claim were both pre my ownership. However, not only is the vehicle still uner manufacturers warranty, it is also a Mitsubishi Approved vehicle.

From that comment I presume you purchased the vehicle from an official Mitsubishi dealer.

As you tell us, the warranty claim was prior to your ownership, and as such you have no rights associated with it.

I do wonder if the dealership bought or PX'd the vehicle in may, and during their inspection discovered the display was defective, and instigated the warranty claim. Whether it was a corporate instruction of just a dishonest fitter, for whatever reason the replacement unit was not fitted, and a secondhand substitute used.

Legally the fault lies with the dealership, either for condoning a corporate scam, which incidentally is fraud, or for employing dishonest fitters.

 

[Thingy]

Prof

It was from a main dealer and I agree, the warranty claim was not mine and I have little recourse to that. However Mitsu are saying quite categorically that their approved vehicle should function as new regardless of wear and tear. Anything that was originally fitted to the vehicle should work in the same way as on a new vehicle. As they passed the warranty claim they say they would have expected the unit to be replaced by not only brand new but equivalent to one that was originally fitted.

There definitely seems to be some dishonesty going on but as of this point I feel fairly confident that Mitsubishi are onside and I am hopeful of a good outcome.

Also, as Mitsubishi quite rightly say, that as the vehicle is still well within their three year warranty, I would be well within my rights to go to another dealer, have it inspected and replaced by the correct unit as the current one does not supply the options necessary for the all the supplied functions of the vehicle.

One way or another, it will get replaced.

 

[Keefanmaxx]

Don't you just love main dealers??
I'd take your car to another dealer and ask them to look at it ..... as second opinion as such, then go back at Mitsubishi, who incidentally will no doubt specify the standards for one of their approved used cars.
I hope Mitsubishi do help you and you get it resolved ..... keep up posted!

 

[Gagakev]

Hope you get it sorted soon Thingy, keep us up to date.
Are you happy with the truck otherwise?

 

[Thingy]

Oh absolutely, I loved the last one but this seems better put together. Steering much more positive, engine quieter, generally tighter all round.

Mitsubishi have promised to come back to me on Monday, and while waiting I have had a little play around. Guess what, the reference lines the garage told me had been removed are actually there. In the hidden menu is a setting called car type, and there are a dozen or so 4 or 5 digit codes, one of which relates to a Shogun LWB, but nobody seems to know which is the right one.

However when I changed it to a different type, lo and behold, the reference lines appeared. The problem is that with each type I select, the lines change in distance and width, so I assume they are for different models, i.e. Outlander, PHEV, Lancer and so on. If I could just find somebody else with a late model, 2007 onwards, I would have it sorted in a jiffy. That does not excuse the fact they put in a used part though, or that the fitter obviously hadnt a scooby what he was doing.

 

[Gagakev]

Switch it off and go for a new one

 

[Raywood]

It does seem to me that the vehicle is faulty and you should have the right to repudiate the contract and ask for your money back, that would include the stated value of any part exchange. It has to be done within one month of purchase under the new Consumer Rights Act. Simply threatening to do this might make the dealer put it right.
I would have a look at the Citizens Advice website and if need be ring them for help.
If you are a member of either of the big clubs they also have a legal helpline you could get advice from and you may also get this with your household insurance or any trade union you may be a member of.
This is very new legislation so do get advice.
Otherwise I would go along with the Professor.

 

[Thingy]

This just gets better.

The promised call from customer services never came. I was blaming the garage and rang them today and tore into them. But guess who is really at fault. Mitsubishi sending out reconditioned units. No wonder CS didnt want to call back.

However, via the garage, I am getting a brand new unit, so that will do for me.

Alls well that ends well.

 

[Raywood]

A good result.