Acceptable quality
The test for acceptable quality is whether a reasonable consumer, fully acquainted with a vehicle’s condition (including any defects) would find it:
• fit for all the purposes for which vehicles of that kind are commonly supplied
• acceptable in appearance and finish
• free from defects
• safe
• durable.
This is the test regardless of the expressed warranty by Ford.
Your car has a major failure.
Major failures
A major failure to comply with the consumer guarantees includes the following:
• a reasonable consumer would not have bought the vehicle if they had known about the full extent of the problem. For example, no reasonable consumer would buy a new vehicle with so many recurring faults that the vehicle has spent more time off the road than on it because several qualified repairers have been unable to solve the problem
When there is a major failure to comply with a consumer guarantee, the consumer can choose to:
• reject the vehicle and choose a repair, refund or an identical replacement (or one of similar type and value if reasonably available) from whoever supplied the vehicle (e.g. the
dealer), or
keep the vehicle and ask for compensation, from the dealer or the manufacturer, for any drop in its value caused by the failure of the vehicle to comply with a consumer guarantee, and compensation for any reasonably foreseeable loss suffered due to the failure of the vehicle to meet the consumer guarantees.
Additional guidance on criteria for determining a major failure
While examination of a vehicle will
likely be required to identify the nature
of a fault, the ACL does not require
an involved process of diagnosis to determine if a vehicle’s failure is ‘major’. You should approach consumer claims for remedies from the perspective of whether a reasonable consumer would have bought the vehicle if they had known of the full nature and extent of the failure at the time of purchase. In particular:
• if a manufacturing defect causes a vehicle to become immobile and not drivable, and this defect cannot be easily repaired with the result that the vehicle is not able to be used within
a reasonable time, this is likely to constitute a major failure to comply with the consumer guarantee of acceptable quality
• where a vehicle experiences multiple minor failures which necessitate multiple or repeated repairs with the result that the vehicle cannot be used by the owner for unreasonable periods of time (e.g. because the vehicle is
not in the owner’s possession), this is likely to constitute a major failure to comply with the consumer guarantee of acceptable quality.
https://www.accc.gov.au/system/files...airs-guide.pdf
Consumer law is on your side.
You sought repairs from the dealer, numerous times; yet the problem still persists.
If I was in this situation I would ask to talk to a senior manager at the dealership and mention to him that I intend to seek a remedy under Australian Consumer Law.
Remember it is the consumer's decision whether to seek replacement or refund, not the dealer's
Depending upon the reaction of the dealer, I would then seek out a lawyer for further advice.
I hope this helps