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Consumer Act and Vehicle

  • 16-11-2006 8:57pm
    #1
    Registered Users, Registered Users 2 Posts: 15,951 ✭✭✭✭


    If someone buys a commercial vehicle brand new which has a 2 year unlimited milage warranty and after 2 years and 1 week the engine develops major problems does the consumer have any rights to request repair or replacement?

    The act states:
    Goods are of merchantable quality if they are as fit for the purpose or purposes for which goods of that kind are commonly bought and as durable as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances, and any reference in this Act to unmerchantable goods shall be construed accordingly.

    So given the fact that a vehicle is purchased new and is rather expensive i.e. I'm talking about one of the more expensive brands and it only lasts 2 years and a week does that mean one could argue it was not of merchantable quality and thus the owner has a right to repair etc?

    Also if that is the case and the cost of repair is more than €2000 (ruling out the small claims court) how can one proceed with a case?

    Thanks for your opinions.


Comments

  • Registered Users, Registered Users 2 Posts: 15,951 ✭✭✭✭Villain


    Anyone know even where I could get advice on such a scenario? Would the ODCA be any help?

    Thanks


  • Closed Accounts Posts: 7,097 ✭✭✭Darragh29


    Thats a tricky one! I think you might have grounds for redress if you had the vehicle properly serviced at each scheduled service interval and there was a defect within the engine that has caused so much damage. What exactly is the problem with the engine???


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