The consumer’s issue:
“My seat belt mechanism has failed and I deem it to be faulty from the point of sale. I want the dealership to give me money as a goodwill gesture and to take responsibility for repairing the fault. But the business is refusing liability because they believe the seat belt was fit for purpose at the point of sale.”
The accredited business’ response:
- The seat belt failed almost six years after the car was purchased.
- Therefore, we believe it is unlikely that its function has been compromised as a result of an inherent fault.
The adjudication outcome:
- The Motor Ombudsman adjudicator did not find that the dealership had acted in breach of the sales contract with the consumer.
- In addition, the adjudicator concluded that it was not likely that the seat belt had failed as a result of an inherent fault due to the lack of technical evidence, and because it had been almost six years since the car was purchased.
- The customer and accredited business agreed with the outcome as recommended by The Motor Ombudsman adjudicator and the case was closed.