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Warranty issue for roof repair

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Old 12-18-2006, 10:54 AM
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Default Warranty issue for roof repair

I purchased my car, a 52 plate S2000 GT, from a franchised deraler on 15th October. The car was fitted with the hardtop at the time and upon my return home some 150 miles north I discovered a hole in the vinyl top. This was immediately reported to the dealer by telephone who advised me to report the problem to my local franchised dealer.

I contacted my nearest franchised dealer the following day, and when the issue was assessed the deputy service manager he advised me that a mechanical issue with the frame had caused the puncture in the soft top. The dealers agreed to perform the repair under warranty and to fix the frame to prevent further damage to the repaired part. However, despite several attempts by my local dealer to secure a guaranteed repair they have now advised me that there are no companies within the local area willing to offer a guarantee with the work.

My local dealer are now referring me back to the dealer I bought the car from to attempt to arrange the car to be dispatched to a company in Manchester to perform the repair under guanrantee. Whilst I am not completely dissatisfied with the attempts made by my local dealer to secure this repair on my behalf, this was subject to persistent phone calls, emails (none of which were replied to) and non returned calls.

My main concern however, is that upon purchase through the Honda dealership I obtained an approved used car which clearly had a fault that should have been recognised upon inspection and repaired/replaced prior to sale. I had no way to inspect the vinyl top at the time of purchase and was not advised that this fault existed. Some 2 months on this fault still exists and I am no closer to a satisfactory resolution. This was caused by an issue with the frame which must be resolved to prevent this problem recurring in the future. The frame itself is buckled and when the frame is in the folded position in the recess I can only assume vibration has caused sufficient wear at this point to create a hole. The frame is actually quite sharp at the puncture site as recognized by the service department at my local dealer's. To satisfactorily provide a guarantee DeVries Honda have stated that a new vinyl top should be fitted.

Sorry for the 'formal' appearance of the above post I basically copied and pasted it from a letter i've drafted to send to Honda UK. I've just seen
this site and it states that the warranty covers working materials where failure is caused as a direct result of components covered by the warranty.

Is the frame of the roof covered under warranty?

Can anyone can advise me on the best course of action and where to go from here?

Cheers
Kev
Old 12-18-2006, 11:14 AM
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Interesting problem you have and thinking about the roof I am not sure if you would be able to make a claim - I have never done one so cannot comment.

The problem you will have is that it appears the fault was there prior to you purchasing the car.

The page you looked at was one of mine that I host to try to assist S2000 and Type R owners to get the best from their car and answer many of the reocurring questions..

Best thing to do is contact your selling dealer and try to get them to make a claim under the guarantee and see what happens. I think it may come under item 6.4.1 though. If it fails then ask them to sort it themselves as it was obviously there prior to purchase.

Please keep us informed.
Old 12-18-2006, 11:24 AM
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Cheers for the reply, is it worth sending the letter to Honda UK now or should I wait till i've contacted the selling dealer. I just feel as though i'm bein passed from pillar to post now and i'd like to see this matter sorted before the warranty expires...

Surely they must accept they have to resolve the frame issue?

If they won't do the repair under warranty do I have a claim against the selling dealer under the sales of goods act as the roof does not perform the duty for which it was designed and neither does the folding mechanism? Is this a sensible route to go down?
Old 12-18-2006, 11:27 AM
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It is worth a letter to the selling dealer first and give them the opportiunity to reply, again by letter.

Depending on the contents of the reply you will then know what, if any further action to take.
Old 12-18-2006, 11:32 AM
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Cheers I will get it posted tomorrow it basically contains much of what has been stated above is there anything else I should add?
Old 12-18-2006, 12:00 PM
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Old 12-18-2006, 02:01 PM
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They are in breach of the sale of goods act.
Items must be fit for purpose and they are obliged to put it right within a reasonable timescale.

Where the legislation gets a bit wooly (unfortunatley) is the definition of a reasonable timescale. However I would contact the dealer priciple and ask for a face to face meeting to discuss how you are going to resolve this issue before you take it any further.
Old 12-18-2006, 03:55 PM
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C7BLE thanks for confirming that. The only problem I have is that I bought the car from a dealership 150 miles down the A1. Should I be pushing for a new roof or should I accept the repair?
Old 12-18-2006, 04:04 PM
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Is the dealership in question regulated as a franchised Honda dealer and, if so, is there a regulatory body I can contact to escalate should the need arise?
Old 12-18-2006, 09:39 PM
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I would be very wary about quoting things like the sale of goods act etc as it may not apply in the way that it is generally thought.

I am not a legal expert and neither are you and if someone came into my Service Department and started along those lines it would be dealt with very "clinically" and before any work was considered I would make sure of our own position regarding the quoted acts in the best way I can.

Now I don't know what C7BLE does for a living but there are certainly legal people on this forum who have not doubt read this thread but have not replied to it.

What would interest me is if the said Act applies to the whole car being purchased and being fit for porpose.... which it clearly is or a particular component on the car being fit for purpose in which case there are thousands of components on a car that could fail if the Act was applied to each individual component.

As regards a regulatory body - if it is a Honda franchised dealer then I suppose you have a right to speak to Honda UK through their Customer Relations Department when you have exhausted all possible routes with the dealer you purchased the car from.


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