“Wear and tear” not covered under warranty

[Deleted member 117185]

hi,

My gearstick gaiter is a hole in it forming. I’ve taken it to my local dealer, they sent off the paperwork and photos to the UK HQ to see if it would be covered - got it back and they said no as tears are classed as “wear and tear”. The car is a June 16 car and covered only 22k miles. I’m half tempted to take it to another dealer and just kick up a fuss, is there any other avenue I can go up to get this sorted? They’ve quoted me £190 for. Gaiter and gearstick....the actually wear is happening at the top where I would not even touch it and not where there are any creases.....

 

[Adam14]

I can see where you're coming from but I'm not sure you'll get anywhere on it.

As yes it shouldn't really have a hole in it but I'd say for it to be covered under warranty there'd need to be an inherent fault with the "part" which would be difficult to prove

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[Nige Smith]

Surely the gaiter is a separate item from the actual gear stick? I'd try some online breakers before parting with that sort of dosh for a piece of pleather!

 

[S32B]

Don't make the claim under the warranty, use your statutory rights or consumer rights (can never remember which one it is). Basically you are claiming that the item (regardless of what it is) should last longer than it has! I did it years back with a PC I'd bought, it was just out of warranty when the cpu went bang! They replaced it as I argued a cpu costing that much should last longer than it had.

I'm sure if you contacted trading standards or citizens advice they would help you.

 

[Adam14]

What S32B said is correct, consumer goods act gives consumers a lot more power now. As stated it means you can argue that the item wasn't fit for purpose as it hasn't lasted a reasonable amount of time which would be expected.

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[Chris4410]

I would say there hah to be a fault with it, 40k and 3 years in mine was fine and showing no signs of wear.

 

[davemk]

Don't make the claim under the warranty, use your statutory rights or consumer rights (can never remember which one it is). Basically you are claiming that the item (regardless of what it is) should last longer than it has! I did it years back with a PC I'd bought, it was just out of warranty when the cpu went bang! They replaced it as I argued a cpu costing that much should last longer than it had.

I'm sure if you contacted trading standards or citizens advice they would help you.

Exactly this IMO. For it to have worn in such a relatively short amount of time, I'd say it's not fit for purpose.

 

[Deleted member 117185]

Don't make the claim under the warranty, use your statutory rights or consumer rights (can never remember which one it is). Basically you are claiming that the item (regardless of what it is) should last longer than it has! I did it years back with a PC I'd bought, it was just out of warranty when the cpu went bang! They replaced it as I argued a cpu costing that much should last longer than it had.

I'm sure if you contacted trading standards or citizens advice they would help you.

Thanks, ill go to the dealer next week all guns blazing haha!

 

[Deleted member 117185]

Surely the gaiter is a separate item from the actual gear stick? I'd try some online breakers before parting with that sort of dosh for a piece of pleather!

It’s actually not, they showed me the part on the system. All one piece. It does separate if you do it yourself but it’s not sold independently

 

[eribaMotters]

I don't know anybody who is a mean, grumpy or tight as me, and would argue a wrong doing until the death, but I cannot really see this as a warranty issue after three years. If you handed a car back on a PCP after three years they would class this as fair wear commensurate with age.
As regards "fit for purpose" then a design or manufacturing defect has to be evident. Interestingly there is no statute on the time limitation for this, although 7 years is I believe normally used as a guide line.
My approach would be a call for a goodwill gesture as you have shown commitment to a premium brand and what you believed it stood for, buying a new car, paying for main dealer servicing etc.

Colin

 

[Mike A8]

I also had a problem with Audi extended warranty.
They refused a claim for the touch sensitive door handles on my A8.
The drivers handle had stopped working.
They said the aerial that detects the key was inside the door handle and as the handle comes complete with the aerial and the door handle was considered trim then it was not covered!
This with all component cover!
I tried to argue that the door handle cannot be trim as one would not be able to get into the car without it but to no avail.