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Old 28-04-2015, 04:39 PM   #366
asagaai
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Join Date: Oct 2014
Location: Newcastle
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Default Re: My FGX XR8 denied warranty

Quote:
Originally Posted by Loud_Noises View Post
Okay kids, here is the new vehicle warranty document from Ford:

http://www.ford.com.au/servlet/BlobS...lob&blobkey=id

There are exactly ZERO references to motorsport in it, none! Further, the term misuse is not listed in the definitions section at all. Kempy, send them to hell.
Hold on there.

The Guarantee engagement clause is as follows:

Ford warrants to the Owner that it will during the Ford Vehicle Warranty Period, at its option, repair, replace or adjust free of charge at the premises of the Servicing Dealer any Part of the Vehicle which it finds to be defective in factory materials or workmanship under normal use and operation within Australia

What is normal use and operation. Not defined.

If the use is not normal use and operation, the warranty does not engage. Period!!!

Then para 8 has the misuse exclusion. Again misuse not defined, examples given of overloading, improper surfaces etc.

What is normal use and operation. This is not an exclusion clause where ambiguity is ready against the party drafting the contract.

This is the engagement clause. So, normal use and operation- does this attach to the specific vehicle sold (which us users would contend), or is it a generic term which means normal driving on public roadways within the law (Ford and Dealers would contend)?????



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