audi extendard warrntie refuse claim for new gearbox

for the last 3 weeks i havent had a like button.
its there now so you jdp deserve my forst like in a long time.
 
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Another like to make up for your 3 weeks

You really must get out more though....me too ! :)
 
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jdp1962 said:
Johny

Thanks for coming back and telling us a little bit more about the car and its history. Thanks also for calming down a bit and at least trying to make your story a bit more coherent. Having read it, though, I think you are a bit confused about the various different parties you are dealing with, and where their respective duties, rights and responsibilties start and finish. Hopefully, this will help.

First off, you bought the car from a private individual - your friend. That was a legal contract, and the contracting parties in that contract are you and your friend. As part of that contract, your friend also transferred over to you his rights and responsibilities under the warranty. The warranty itself is also a contract in its own right, and the contracting parties are the provider of cover and the owner of the car from time to time. I can't be certain without reading the warranty document who the provider of cover is but I would hazard a guess it is Audi UK. It is most definitely NOT an Audi dealer. Audi UK and Audi dealers are completely different commercial and legal entities. For the rest of this post, let us assume the provider of cover is Audi UK.

As I mentioned in an earlier post, both parties to a contract have obligations, and in the case of the warranty, one of the owner's obligations is to ensure the car is serviced in accordance with the specified schedule. You friend seemingly did not do that, so he was in breach of his obligations under the warranty contract. When he passed the warranty on to you, his breach became your breach. That might seem harsh, but it's how the law works.

To help owners comply with their obligation to ensure the car is serviced in accordance with the specified schedule, Audi UK provides the owner with precise and detailed information on what the schedule is; in the form of the service book. Owners should read it; it's important.

That brings me to the role of the dealer. Firstly, the dealer is not a party to the warranty contract. If a dealer carries out warranty work, it does so as agent of the provider of cover (Audi UK). The contract for warranty repair work is between the provider of cover and the car owner.

When a dealer carries out servicing work, it is not acting as an agent for Audi UK, it is acting for itself because the contract for servicing work is between the dealer and the car owner. The dealer's obligation under a contract for servicing is to carry out the work the owner instructs it to do, with skill and care and to a reasonable standard. It is not obliged to volunteer advice on what work should be done. Whilst it is good practice and good customer relations to do so, the dealer does not have a duty to do a customer's thinking for them.

If the customer asks for advice on what work needs to be done to ensure the servicing schedule is met (or indeed, if the dealer choose to volunteer it) it must give accurate advice. When you say your friend was never advised about when to get the gearbox serviced, well first of all he was, in the form of the information in the service book. As to whether the servicing dealer advised him, did he ask for advice? If he did not, then, as I said, the dealer was not obliged to advise him.

If a dealer does give advice (whether volunteered or on request), and it fails to give the right advice, then the owner may have cause for complaint against the dealer. But if the dealer's advice is faulty, and it leads to the owner breaching his warranty obligations, that has no impact on the position between the owner and Audi UK as provider of cover. Audi UK can still reasonably reject a claim. The owner would then have to argue that the dealer caused him to breach his warranty obligations, thus causing the claim to be rejected, and that the dealer should then stand in the shoes of Audi UK and fund the repairs itself.

To summarise your situation, based on my understanding of what you have told us so far, you have bought a car and extended warranty from someone who was in breach of his warranty obligations. That breach is now your breach. The breach may have been caused by negligent advice by a dealer to your friend, but even if it was, that has no bearing on the warranty provider's entitlement to refuse to meet the cost of repairs. If the dealer did give servicing advice that was negligent, that advice was not given to you. It was given to your friend.

I'm not an expert on the law, contract or otherwise, but the way I see it, your remedy for being unable to make a claim on your warranty is to sue your friend for concealing from you his breach of the warranty terms. He, in turn would then have to sue the dealer for giving him negligent advice (presuming it did do so) that caused him to breach the warranty terms.

For all sorts of reasons I can see that you would not want to do that, so the only real alternative is, as has been suggested by others, is to ask either Audi UK or an Audi dealer to help out on a goodwill basis. But like everyone says, be nice.

If anyone reading this is an expert on the law, and identifies mistakes on my part, I am happy for them to be corrected.
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thanks for information as i do understand the terms an conditions on the extended warranty, i purchased the extended warranty myself when i bought car at 49k .but when my friend bought car the manufactures warranty had ran out by 3 months, so there wasn't any warranty in place, which is why i paid for it soon as i purchased car.i just think surely audi uk can understand my situation, on the fact that i didn't own the car at 40k, but i own it at 49k an had every think done what it stays in the service book, i paid to have the warranty put on car more aless same time i got the haldex an s tronic service done,
 
johny said:
thanks for information as i do understand the terms an conditions on the extended warranty, i purchased the extended warranty myself when i bought car at 49k .but when my friend bought car the manufactures warranty had ran out by 3 months, so there wasn't any warranty in place, which is why i paid for it soon as i purchased car.i just think surely audi uk can understand my situation, on the fact that i didn't own the car at 40k, but i own it at 49k an had every think done what it stays in the service book, i paid to have the warranty put on car more aless same time i got the haldex an s tronic service done,
Click to expand...

Well, the fact that you bought the warranty yourself changes things slightly, but not by much. You entered into the contract with the warranty provider yourself directly. Depending on the process by which that happened, you may find that at the point of application, you signed a declaration telling the warranty provider (again, let's assume that is Audi UK) that the car had been serviced in accordance with the specified schedule. You acted in good faith, because you believed that to be true at the time. However, your declaration was not true, which gives Audi UK the right (in law) to reject your claim. So, as far as the gearbox repair is concerned, again it comes back to trying to persuade Audi UK to, in your words "understand your situation" and offer a goodwill contribution. But always remember, it does not have to at all.

Another interesting point this raises is to do with the warranty contract itself. Depending on the precise wording of the contract, that the car has not been serviced in accordance with the specified schedule could possibly mean the entire warranty contract is invalid. You might need to consult a legally qualified person on this (I stress I am not) but it may come down to this:

If it is a condition of the warranty that claims for certain specified failures (i.e. of a mechanical nature, engone, gearbox etc.) will only be met if the car has been correctly serviced, then the warranty you have is still a valid contract, but is limited in terms of what claims it will meet.

If it is a condition of the warranty contract that Audi UK will only issue a warranty if the car has been correctly serviced, then arguably your warranty should never have been issued. To put it another way, if the warranty contract is written in this way, it means your warranty was never capable of being a valid contract, because one of its core terms could not be met. It also means that any claim you make, for any fault, could be rejected, because there is no valid contract. If this latter scenario is how the warranty document has been worded, then you have a case for asking Audi UK to cancel the warranty contract altogether, and return the premium you paid for it.

But I stress, get some proper legal advice before you do that. And if a legally qualified person reads this and spots errors in my understanding, then please correct my mistakes.

Either way, I'm afraid you friend has not been much of a friend to you.
 
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Jeff, you are a legend chap. Great posting.
 
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It's a sad situation though when someone takes their prized possession into a main dealer for what they think is a 'Full' Service and something as important as the DSG/Haldex service isn't done, we have to remember that not everyone is 'mechanically' minded or indeed bothers to read the servicing handbook that came with the car.

I gave mine an extra oil and filter change half way between the last service and the one coming up, upon removing the Filter element i noted that the Audi Technician had put the 'O' ring in upside down (there is a Tab that is suppose to face up to enable easy removal)
Also upon removing the Brembo brake pads after the Audi Update (Long story they started squealing again!!) I found that the direction of rotation arrows printed on the pads had not been followed, so the pads were in the wrong positions in the caliper, On the RS3 the pads have halfmoon cut outs in the anti-squeal shims that specifically match one of the pistons.
This is what really bugs me about Audi centres, you go in, pay good money expecting a top level service and in some cases it ain't done right.
 
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audi upgrades
jdp1962 said:
I know, but the point is, they should do. The rest of the world does not exist to do a person's thinking for them.
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I don't know who you are sunshine but I do like/respect/acknowledge your input: a MEGA well done from me... :hi:
 
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So are we saying its the owners job to check that Audi are doing the correct servicing to the vehicle at the manufacturers recommended intervals....I thought the whole point of cars these days with their engine parts covered (surprised they dont put locks on certain items which can only be opened at the main dealer or with some very expensive tool) is so that we, the 'unkowledgeable' customer dont have to bother with them that much, apart from checking the oil, tyres, cleaning and fueling them....

So no I think that if Audi didnt do the correct service and the car was presented at the right time and is supposed to have a full service history, they should be sorting this under warranty....

This really is a lesson to us all....the supposed 'fool proof' full service history...let Audi look after your car Bull Sh.t

doesnt mean much if they turn around and say....

oh no we didnt do it even though we had your car for a service on schedule, therefore your warranty is worthless

You cant have it both ways AUDI !!!!!!
 
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S3P8 said:
That avatar of yours is very apt in this case....how about debating the point instead of being pedantic
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Please forgive me if you think I haven't contributed enough to the debate.
 
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We, and thats the people who have posted including yourself, have all contributed to a good thread....been a lot to learn here
 
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S3P8 said:
We, and thats the people who have posted including yourself, have all contributed to a good thread....been a lot to learn here
Click to expand...

Indeed it has. And you are right in one sense, I do have a tendency towards pedantry. But some times that's a good thing, and I think this was one of this times. I never mind if some one wants to disagree with me or argue a different position. I am just as capable of talking complete ******** as the next person. I just get a bit twitchy when I think someone is putting words in my mouth or inferring something entirely different from what I have said.
:beerchug:
 
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Warranties are insurance and we all know how they can wiggle out of things, Love taking money, THEN when theres a claim, the small print comes out, they make it so boring and long that most people wont fill there head with the slimey get out clauses, but here is a good example of why you should do...
Hope you get some kind of result OP

I just wonder if you would have got that response if you had bought it new from them i.e future sales?? hmmmm
 
hello again i just had update of Audi uk just confirming every think the dealers have already said, its not covered because of the 40k service was not carried out. and they saying this is the course of the box failing because it had a late service at 51k. so i told them my concern now then is Audi Liverpool haven't done the gearbox service correctly because its failed after 5k of them touching it ,because the gearbox was fine for the 11k it missed it service and it was fine for 5k after the service so in my believe now they haven't done job correctly and its took 5k to actually fail. because surely if it was the service not getting done at 40k this would of failed at 40 odd k and not 56k after service. they just repeated same thing to me 10 times that there's no think they can do no goodwill gesture no no think of Audi uk ,so i have asked for the main manager in Audi uk to contact me which i got told the decision will never change, but he our she will contact me in some time. also when i explained about the problem could possible be down to Liverpool Audi technician doing it wrong they couldn't stop repeating it wasn't are technicians this isnt the cause of failing, so i said how can you prove this then, because i seem to have proof you did cause it to fail because its failed after use have touched it. i shall wait to see what gets said next. when i did first get call of Audi dealers saying its not getting replaced under warranty, i asked why have you come to say full box replacement, for him to say something about oil contaminated and also oil is all on the clutch, so yes full replacement needed which i think is a big load of s--t
 
Johnny, I'm sorry you're having a hard time of it but for all of the reasons I explained in earlier posts, Audi UK is entitled to reject your claim.

Your logic about when the box might have failed if the service had been done at 40,000 miles is flawed too. It is because it was not serviced when due that the box became more likely to fail. As to providing proof the dealer did the service badly, yes it is up to you to prove it because you are the one making the allegation.

It's a bad situation, and I get that you're upset, but you're angry with the wrong people.
 
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This needs closeing
and jeff you need to come get wasted with me
 
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and how do we know the previous owner wasnt told about the gearbox service ?

the previous owner sold the car with 49k on it so the pre owner may have been told it was ready or knew it was ready and just cheaped out on it.

if i was the insurance provider or audi uk i wouldnt pay out on the claim.
this happens when they dont research the car they are buying if he had done he would have known it needed doing and if checked the service book he would have known it hadnt been done.

therefore its the risk you take and this risk didnt pay off
 
S3P8 said:
So are we saying its the owners job to check that Audi are doing the correct servicing to the vehicle at the manufacturers recommended intervals....I thought the whole point of cars these days with their engine parts covered (surprised they dont put locks on certain items which can only be opened at the main dealer or with some very expensive tool) is so that we, the 'unkowledgeable' customer dont have to bother with them that much, apart from checking the oil, tyres, cleaning and fueling them....

So no I think that if Audi didnt do the correct service and the car was presented at the right time and is supposed to have a full service history, they should be sorting this under warranty....

This really is a lesson to us all....the supposed 'fool proof' full service history...let Audi look after your car Bull Sh.t

doesnt mean much if they turn around and say....

oh no we didnt do it even though we had your car for a service on schedule, therefore your warranty is worthless

You cant have it both ways AUDI !!!!!!
Click to expand...

My thoughts exactly. However IF the previous owner DID cheap out then its not Audi's fault.
 
johny said:
yer an i would apprectate if smart ***** like you would just comment on the subject an not the way its wrote cause maybe thats the onlyway i can solve this promblem by if ppl have the same problem and comment on the problem ntn eles thank you
Click to expand...

No one is being funny with you mate, we are a friendly bunch on here. It's just that it would be easier to read if you had put it into paragraphs.
 
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audi still stamp your book if asked
 
DAYTONA500 said:
:
:uhm:They've done away with the section in the book where the stamps go.:search:
Click to expand...

I've had that when we bought the new Renault Master van, upon asking for the service book I was told by them that Renault service is recorded electronically now.
 
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