Ripped off by dealer? Warranty/Capped price service concern

[albertmonster]

Hi all! Sorry long post ahead..

I have had a warranty/servicing issue that has been stressing me out recently and would appreciate some advice. It’s a bit of a long story but here goes. I’m a first car owner, please forgive anything particular silly that I may have done to not help the situation.

I purchased a 2013 Lancer LX new (however I believe it was a ‘showroom demo’) on 29/3/14 at Chadstone Mitsubishi. It was registered and delivered 9-10/4/14.

I enjoyed the car (although with a few minor problems) until bringing it in for its first capped price service at Eastside Mitsubishi approximately a year/13500 kms later on 26/3/15. I was subsequently informed by Eastside that without my knowledge my warranty in fact started on 24/8/13, which is 8 months before I bought the car. This was despite all service stickers, service tax invoices from previous warranty claims and the car computer indicating that the period started from when I bought the car. So apparently my first capped price service had lapsed as it starts from the same date as the warranty but Eastside agreed to honour it as a capped price service anyway.

I spoke to the sales manager at Chadstone who was new and wasn’t around when I bought first bought the car. He looked into it and said that for that batch of vehicles the warranty started from when the vehicles were first delivered to the dealership but I was never informed that during the process. It did mention 24/8/13 being the start date of the warranty on the owner’s certificate and my memory’s a little hazy but the salesman probably told me to disregard it and follow the cars computer, stickers etc (In hindsight this was my mistake. I should have got him to correct that in writing at the time). The sales manager told me that that salesperson is no longer with them, implying that his practices led to him being let go.

The sales manager offered to restore the warranty to the full 5 years rather than me lose that 8 months of warranty provided I service the car and do all warranty work at Chadstone (as he ‘cannot warrant other dealer’s work’). He could not do anything about the capped price service intervals, so now I have to get the car serviced only 4 months after my first service to fall in line with the ‘correct’ intervals. I was not happy at all with the solutions offered. I was offended when he tried to play down the situation by stating I got a good deal anyway ($22500 for the ’13 LX at the time).

I called Mitsubishi customer service who said they could not help me and recommended me speak to the dealer principle at Chadstone. She claimed some dealers register the cars early so they can sell them off as demonstrators however on my contract it states that it is a new car contract. At this point I am considering contacting the dealer principle or ACCC and would love some advice.

My questions are:
1) What should I do in general and how do my chances of succeeding/how does my case look? My goal is to get back my 5 years of warranty at any Mitsubishi dealer as per what a new vehicle should have. I would also like to correct the capped price servicing interval, however see below.

2) What rights do I have in particular to use in this case? What can I argue for realistically?

3) Is there any significance of servicing the car ‘late’ the first service (despite me being its sole owner and that it was only driven for a year/13500 kms)? And is there any significance of servicing the car only 4 months after the first service? Ideally I’d like to not service the car so soon but I understand that, for example, brake fluids should serviced strictly every 2 years. I’m assuming that the car has been sitting around the dealership for 8 months prior to me purchasing it. The odometer read 8 km at the time.

Thank you all very much for your help,

Albert

[Lancer1993]

Yeah sure sounds like the old sales guy was bending a few rules.

I don't agree with dealers registering cars as demos just to boost sales.

As for the early service it won't hurt the car but I'd push for a deal so you're not out of pocket. I'd contact the dealer principle and talk to them.

I don't see how they can not warrant another dealers work, under Aust consumer law you have the right to any dealer (or licensed mechanic) serving your new car and it will be covered. I'd get clarification on what they meant by that.

I know how frustrating dealers can be, I had some issues with my used CJ talking to the sales yard I bought it from got me know where so I went to the main dealer and before too long it was dealt with. Now if I need to see anyone I'd rather drive the 20 min to them than the 5 min to the other place.

[stratman04]

If the contract says 08/13 then you won't get far with consumer affairs. Even if they told you somthing different, by signing the contract you are legally agreeing to it... in saying that if you keep pushing with the dealer and don't let up they might give in just to make it go away. Good luck.

[Lancer1993]

But if it can be proven the sales guy was dodge then maybe the dealer will help you out to make it go away.

Yes keep on to them is the best option.

[Berek]

Lucky it's not a bike. Their first service is 1500 klm's

[Speedie]

Was the 1000km service done?

[Lancer1993]

Bit weird they would rego a car as a demo and only do 8km, clearly it has been sitting a while, ideally they should have done at least the 1000km service before you picked it up. Just sitting around doesn't do the car a lot of good, personally I'd be more happen with a couple of 100 km on it just to show it's been driven at least once a week.

Hope it all works out for you.

[albertmonster]

Thank you all very much for the advice, encouragement and patience!

Warranty start date of 8/13 wasn't stated on the contract but on the owner's certificate. I signed the certificate saying that 'the conditions were explained to me by the dealer'- which in this case I believe is a verbal explanation (lie?) that the warranty started when I bought the car and not 8/13. Again, I have very little leverage with a verbal agreement

The complimentary 1500km service was performed, nil issues and nil mention from Eastside ( where I do all my servicing, car was purchased at Chadstone) that the warranty start date was dodge.

I believe the car is new and had to be registered for my purchase, however it most likely sat in the showroom for an extended period which yes can't be very good for the car. At the time I was (and still is I guess) a novice and was ignorant to this.

Yes, perhaps I will have to rely on some goodwill from the dealership but I will write a complaint to the dealer principle as you have all encouraged in the meantime. I welcome any further advice, you guys have been great