The consumer’s issue:
“Shortly after purchasing my car, I noticed the soft-top fabric roof of my car had scuff marks. I checked online, and other owners with similar issues had their roof fixed or replaced due to this issue. I am therefore looking for the whole soft top roof to be exchanged.”
The accredited business’ response:
- The consumer was told that the soft-top roof was not covered under our warranty.
- For the customer’s own peace of mind, a check was undertaken to establish the cause of the scuff marks.
- The owner’s manual was referred to in which it confirmed that pressure creases can appear when the roof is stowed when damp.
- No manufacturing defect was found with the soft-top roof, and we therefore did not upheld the consumer’s claim.
The adjudication outcome:
- The Motor Ombudsman adjudicator concluded that the soft-top roof was functioning correctly.
- It was found that the scuff marks could have occurred from external factors, i.e. where the vehicle was parked or stored.
- The evidence provided did not demonstrate that the vehicle suffered from a manufacturing defect, plus the vehicle manufacturer’s warranty had certain exclusions, which included the soft-top roof.
- Based on the above, the adjudicator therefore decided the business had not breached The Motor Industry Code of Practice for New Cars, and did not rule in favour of the customer.
Conclusion:
- The customer accepted the outcome as recommended by The Motor Ombudsman adjudicator, and the case was closed.
