Clutch failure claim

The consumer’s issue:

“I have a two-year old vehicle, and the clutch has now failed. When I took the car into the dealership, they gave me a quote to strip the vehicle. They have since told me that the repairs would not be covered by my warranty because the clutch has failed due to wear and tear. I have been driving for over 40 years, and I am dismayed by the fact that the business is blaming me for the fault. I would therefore like the clutch to be replaced under my warranty at no charge to myself.”

The accredited business’ response:

  • Our authorised dealership has confirmed the clutch has failed due to wear and tear.
  • It appears from the evidence presented that the customer has been riding on his clutch, and this information has been vetted by our technical department.
  • We therefore do not accept the responsibility of covering the cost of the repair in this instance.

The adjudication outcome:

  • The Motor Ombudsman reviewed the case, and as the clutch failed due to wear and tear, the warranty would not cover the cost of the repair.
  • The adjudicator has therefore not upheld the customer’s complaint.
  • However, the consumer has been asked to submit technical evidence confirming a defect so that this matter can once again be reviewed.

Conclusion:

  • The manufacturer is only bound by the terms and conditions of a warranty to repair manufacturing defects, and therefore, the complaint could not be upheld in favour of the consumer.