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Old 09-01-2009
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Pugsly,

The reason I suggested the ACCC was in relation to the Trade Practices Act bearing in mind the fact that the engine/vehicle was just out of warranty.

Once it's out of warranty it's out of warranty and without litigating the matter for resolution a consumer is in the hands of the goodwill of the manufacturer.

I do not believe that the wording of s 66 or 71 of the Trade Practices Act provides for any statutory or implied warranty once the warranty expires.

s71 relates to goods supplied under a contract, in the case of a warranty contract, that contract expires as soon as the warranty expires. Under contract law a contract has no force of law over anything that occurs after that contract ceases because it doesn't exist then.

s 66 relates to Interpretation of the Act. Subsection 2 relates to goods that are of merchantable quality if they are as fit for the purpose or purposes for which the goods of that kind are commonly bought. I suggest that a blown engine couldn't be held to be of merchantable quality??

I'm not sure if the ACCC could wield any power and force the manufacturer repair the engine BUT they may have some influence in relation to this ridiculous repair bill