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Old 26-04-2015, 12:35 AM   #136
NX74205
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Location: Perth, WA
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Default Re: My FGX XR8 denied warranty

Quote:
Originally Posted by asagaai View Post
The Ford warranty exclusions for modifications is pretty clear and wide, and would exclude a tune.

Likewise, the statutory warranties of fit for purpose will likely not apply as the car with tune is not what was produced and sold by Ford.
Tune or not, 'fit for purpose' doesn't mean fit for a drag strip. I doubt very much that OP would get anywhere with a 'fit for purpose' argument. Its purpose is as road transport to get from A to B, not the drag strip. Whether it's a Fiesta or an XR8, the bottom line is that it's a road car, not a race car.

Quote:
Originally Posted by Big Damo View Post
Ford has s right of reply, if they want to defend themselves they have to prove Kempy wrong and them in the right.
They do, but they have absolutely no obligation to do so in public. We've only heard one side of the story so far.

Quote:
Originally Posted by Brazen View Post
Terms and conditions mean not as much ultimately, the item needs to be fit for purpose. Ford could say warranty is void when ambient temp is over 35 degrees - courts, consumer commissions would ignore it.
It's easy enough for Ford to argue that it wasn't designed for the drag strip, thus the failure cannot be attributable to it being not 'fit for purpose'.

Quote:
Originally Posted by Brazen View Post
Also BEFORE purchasing the performance vehicle have material clearly explaining to the buyer what they deem to be behaviour or a manner they will void the warranty.
If the buyer doesn't read or abide by the terms and conditions of the warranty, it's hardly Ford's fault when things go south.
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