Rights of redress
Page 26
Page 27
Page 28
If you've noticed an error in this article please click here to report it so we can fix it.
Words:Adam Hitt It is every operator's worst nightmare: a truck is bought, which 10 days later goes kaput. As a last resort. Commercial Motor readers ring their favourite road transport weekly to complain that a vehicle they bought has broken down and they cannot get satisfaction from either the dealer or the manufacturer even though the truck is still under warranty.
The good news is that when it comes to the sale of defective vehicles, parts and extended warranties. the law is on hand to help through the Sale of Goods Act 1979.
"Under Section 14 of the Act, the vehicle must be of satisfactory quality and fit for purpose," explains Nick Clarke. partner at transport lawyers Aaron & Partners. "To the extent that a particular purpose has been communicated to the seller by the buyer, the seller confirms that the vehicle is fit for that purpose and the buyer relies upon the seller's skill or judgement in this regard." But he warns: "The law relating to the sale of goods is complicated and in consequence, outcomes can be quite specific to the individual case."
It's an important caveat and some facets of the law in this area will surprise the unwary. For example, a buyer can only sue a private second-hand seller if he "misdescribes" the truck in question. If the seller is truthful, and does not mislead you — then you have no redress if the vehicle breaks down.
Some manufacturers have schemes to provide a replacement truck if a breakdown occurs. MAN UK head of service John Davies says:"The overriding factor is that MAN's UpTime Principle isn't some sort of meaningless. internal programme."
MAN takes seriously any complaints about defects and, in the main, manufacturers do get it right most of the time. However, a particular bugbear of operators is being
shunted backwards and forwards between manufacturer and dealer when there's an issue.
One senior source at a manufacturer, who does not want to be named, tells CM: "Let's not he naIve about it, there are always going to be some problems."
New vehicles
In the case of new trucks, there should be fewer. For example, the majority of new Scanias are sold with 2+2 cover (that is, 12 months warranty and a two-year repair and maintenance cover). Andrew Davis, MD at Scania dealer West Pennine Trucks, explains: "If a truck with this cover breaks down, the local Scania dealer will be called out by Scania Assistance and, if the problem cannot be fixed at the roadside, it will be taken to the nearest Scania workshop for repair."
If that repair is unsuccessful, then the customer can take the truck to any other Scania dealer for further investigation and repair. The customer's home dealer should take responsibility for ensuring a successful outcome, which can sometimes mean getting Scania's technical department involved. "Occasionally, a fault may he difficult to diagnose and take longer than we would like to fix," Davis admits. "Although the warranty is provided by the manufacturer, the sale is made by the dealer. He. therefore, has the legal responsibility to ensure that the customer is satisfied with his truck purchase and the back-up service provided with it."
Mercedes-Benz customers can call free a dedicated customer support team based in Maastricht. Holland, if they are unhappy with their dealer's response. The manufacturer says it can also contact the UK head office direct "where a dedicated customer service team would review the concern and discuss it directly with them and their dealer". A spokesperson adds:"When a customer believes they have not received the best possible service, a detailed investigation is undertaken with regular communication between Mercedes-Benz UK, the customer and their dealer."
Used pitfalls
As a purchaser. this all sounds good. But a used vehicle carries with it different issues — for one thing, a buyer cannot expect the same standards from a second-hand vehicle as from a new one.The law recognises that a truck with a high mileage will have a shorter remaining life than one with a low mileage.
Mercedes-Benz recommends that buyers of used vehicles check the vehicle has a full and complete service history and also consider purchasing an extended warranty.
Checklist HPI checks — a search of the register of finance agreements in relation to vehicles — are a vital tool for any prospective buyer. If you acquire a vehicle which has outstanding finance on it, then the claim of the finance company will prevail over any of the buyer's rights -hi other words, they could find themselves losing the vehicle," Clarke says. "The buyer would then have a claim against the seller for their money back, but of course, any claim against the seller is only any good if the seller can actually pay."
There are some rogues about and even dealers can he caught out.
Last month Warrington-based used truck dealer Trucks2go found itself on the wrong end of a scam involving
worthless bank drafts. Two men claiming to he from a food distribution company presented a hankers draft and left with a silver Mercedes-Benz Actros. It wasn't until the following day that the dealer realised it had been duped by which time the tricksters had tried to sell it on to two dealers because it did not, at that stage of the drama, show up on HPI or the police Fraud Alert register. -We [milked the draft on a Wednesday. so we didn't know it was a fraud until late Thursday." explains Chris Ha rt,Trucks2go MD (see www.roadtransport.com for full story). It was only a day-and-a-half after it was taken that MV Exports in Purileet, Essex, HPI-checked the vehicle and refused to purchase it. The truck was subsequently recovered in London with false plates.
Buyer beware
The point of this story is that there are undoubtedly stolen commercial vehicles out there and if you buy one. then you will not have a leg to stand on when the original. and rightful, owner comes k}oking for his property.
Most problems with the buying and selling of trucks are more mundane and there is redress available. If a seller does not satisfactorily rectify a problem such as a vehicle breaking down then the operator may seek the cost of repairs. downtime and replacement vehicle hire in the County Court.
Buyers might also be able to get their money back if the seller has made a false claim about the vehicle's capabilities lithe buyer "only bought it in reliance upon that representation. then there might be a quite separate claim for misrepresentation," Clarke says.
So legal action is possible, but it is to be hoped that things need not get to that stage, "It would he very rare !'or a customer complaint to require the involvement of lawyers to reach a satisfactory resolution," thinks Andrew Davis. "At the end of the day, we value all the business given to us by our customers and always do everything we can to ensure that it continues in future."