The consumer’s issue:
“As I was driving, I felt something go wrong, and now my gears are not working. I believe it should be repaired under warranty because such a major fault is not acceptable. The vehicle manufacturer has refused to repair the gearbox under warranty because they believe the damage is due to driver error, not a manufacturing defect.”
The accredited business’ response:
- Our field engineer inspected the vehicle and found metal shards coated in oil from the gears inside the gearbox.
- From the metal debris and oil samples taken, we believe the gearbox failed due to the incorrect gears being selected at speed.
- Therefore, it was concluded that the transmission did not fail because of a manufacturing defect, meaning that the cost of repair will not be covered under the warranty.
The adjudication outcome:
- The Motor Ombudsman adjudicator reviewed the evidence presented, and it did not demonstrate that the gearbox had failed as a result of the materials and/or workmanship used in the manufacturing process.
- Therefore, the adjudicator did not find that the gearbox failure was covered by the manufacturer’s warranty, and could not rule in the consumer’s favour as a result.
- Both the customer and accredited business agreed with the outcome recommended by The Motor Ombudsman adjudicator, and the case was closed.