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Posted: Tue Apr 24, 2007 5:12 pm
by zookpower1
send a bomb in the mail that will teach them you not jokeing about it
Posted: Tue Apr 24, 2007 7:01 pm
by abundance84
In small claims "expert witnesses" do not function in the same way as they do in criminal proceedings or insurance paid experts in civil cases. An expert witness in small claims is more like a statement from the manufacturer who have a vested interested infact small claims are likely to see a statement from suzuki as being virtually as bias as a statement from the dealership as in the end it is suzuki that faces the costs.
The fact is if anyone representing a dealership gives you the impression that you can put bigger wheels and a lift kit on the car, then you can do it without voiding the implied warranty. If the implied warranty is not voided and something does go wrong, the onus is completely on the dealership to fix the problem.
Posted: Tue Apr 24, 2007 7:46 pm
by Gwagensteve
abundance84 wrote:The fact is if anyone representing a dealership gives you the impression that you can put bigger wheels and a lift kit on the car, then you can do it without voiding the implied warranty. If the implied warranty is not voided and something does go wrong, the onus is completely on the dealership to fix the problem.
EXACTLY -The onus is on the dealer - no support from suzuki, suzuki's warranty is back and white.
How do you void an implied warranty?
"Some guy at the dealer said my car could drive through 5 feet for water so now I am claiming a new car from the dealer because it broke..."
I understand the concept of the implied warranty but there must be room from an expert witness at the point of small claims to determine what is reasonable.
If, in this case, suzuki (NOT the dealer, it is nothing to do with them) have a clear statement as to their position, the buyer agrees to this when they buy the car.
Anyone on this board will tell you that bigger tyres and springs higher rated springs permit increased loading on the differential. No one could deny this.
In the place of the mythical conversation, or any way of proving it, with the dealer encouraging the owner to modify their car in contravention of the suzuki warranty, I don't think there is much point clinging to the idea that the implied warranty will assist in this situation.
Steve.[/b]
Posted: Wed Apr 25, 2007 4:03 pm
by abundance84
In the place of the mythical conversation, or any way of proving it, with the dealer encouraging the owner to modify their car in contravention of the suzuki warranty, I don't think there is much point clinging to the idea that the implied warranty will assist in this situation.
Unless you can convince small claims that the dealership probably gave them the impression that this would be a completely reasonable thing to do to the car they want to sell. Small claims is well aware that sales people will embellish on the capabilities of the products they want to sell.
I understand that you are putting forth the logic that the dealership will try to push with and just like the logic I am suggesting, in one way it is reasonable in others not so. The key to it is looking at the wording of the consumer protection law, not any "rules" that suzuki pretends is law. This consumer protection law is the only logic that the small claims will take into consideration.
Based on this consumer protection law I reckon you could force them into putting a new diff in. BUT the only way we will really know is if you give it a shot!
Posted: Tue May 01, 2007 6:03 pm
by oozuk
apon further inspection by myself of the hemisphere the spider gears have sustained some considerible damage and there's been a bit of fusion in the gears and shafts so that could make by cause even harder to fight so i've decided to wave the white flag and give in
now if anybody knows where there is a 4.3 ratio rear complete diff centre
out of a v6 grand vitara then i'ed love to buy one urgentily !!!
I've been ringing as many wreckers as i can but having major trouble finding one, i got quoted $1300 for one so far and it was a used diff with new bearings !!! so thats my last resort
Please help
Posted: Wed May 02, 2007 10:07 pm
by Drew
try suzifour wreckers in dunheved sydney or suzukishop in perth.
Posted: Wed May 02, 2007 10:43 pm
by oozuk
Drew wrote:try suzifour wreckers in dunheved sydney or suzukishop in perth.
thanks i'll call them tommrow