The consumer’s issue:
“When my car was around four years old, I found that the plastic part and pad of one of my sets of keys had completely fallen apart. The second set was also beginning to deteriorate and the battery cover came off twice.
I reached out to the manufacturer’s customer service team and the dealer to replace or repair the key pads. They refused and found that this was not covered under warranty, as it was caused by wear and tear.
I don’t feel the damage is due to wear and tear, as I have not used the car excessively, do not have long nails and have not used the key in a way that would damage it. My partner also owns a car by the same manufacturer where the key has had similar usage, and theirs has not shown similar signs of damage. I feel like my keys have not been of a high quality since I bought the car.”
The accredited business’ response:
- The customer complained that their warranty claim was rejected by the dealer, as the damage on their key fob was deemed to be general wear and tear.
- The customer was told that, under the terms and conditions of their warranty agreement, this would not be covered. In addition, the business did not offer a goodwill gesture.
The adjudication outcome:
- The Motor Ombudsman adjudicator concluded that the vehicle manufacturer only needs to cover the cost of repairing manufacturing defects under warranty, which are mistakes that have been made by them. However, if the damage was due to wear and tear, then this would not be covered under warranty.
- The customer had the evidential burden to show that it is more likely than not that the cause of the key breaking was due to a manufacturing defect.
- The vehicle was two years old when it was purchased, and had then been used for a further two years. Nothing was provided to suggest this fault may not have been caused by how the key was used by any previous owner. Since purchasing the car, the consumer had it for a further two years before the key broke.
- The Motor Ombudsman adjudicator addressed the fact that there may be a number of things that might cause a key fob to deteriorate, not simply whether or not the key has been used excessively or if the user has long nails. No evidence was actually provided to suggest the materials themselves were faulty.
- Therefore, the information submitted did not demonstrate that it was more likely than not that the keys were broken or worn as a result of poor workmanship, or because of the materials used during the manufacturing process. As a result, the consumer’s complaint was not upheld in their favour by the adjudicator.
Conclusion:
- Neither party requested an appeal of the decision made by the adjudicator, and the case was closed.
