FTO AUSTRALIA

My Son just picked up a 2005 Maloo Z R8 on Thursday from the HSV dealer, on Saturday it broke - drivers side drive shaft has gone at the diff and don't know what else, maybe diff is damaged too? He was changing from 2nd to 3rd when it went and not at the drags or anything just on his way back from the shops - he swears he wasn't driving like a tool at the time.

Can't contact dealer until tomorrow but i've looked through his paperwork and it says 'Vehicle Particulars - No Warranty'.
It states that it's not covered under statutory warranty as it's a ute with only one row of seats, is this right and if the dealer tells him to get lost what can he do apart from paying himself as surely this shouldn't have broke and he's only had it 2 days?

That doesn't sound right.
Shouldn't matter how many seats it has, its a registered motor vehicle under the QLD government it should be covered by warranty from the dealer. If the dealer does not have a warranty that covers it, then it will most likely be covered under another QLD government policy - im thinking maybe the refund policy - where goods are faulty upon purchase etc.
Im almost certain you won't have to walk away from this with a bill to pay - try contacting the ombudsman first if they tell you to go f**k yourself.
(this is the reason why i don't buy from car dealers - just too shady for my liking only out to get a buck)

Sorry to hear that only 2 days in

Thanks Taz, and yeah it doesn't sound right to me either, shouldn't matter what kind of car it is but i've found this about statutory warranty on http://www.commerce.wa.gov.au/consumerp ... nties.html

The following second-hand vehicles are not covered by statutory warranty when bought from a dealer.
Commercial vehicles (i.e. those constructed primarily to carry goods or materials)
Utes (well body and tray back) with one row of seats
Trucks
Caravans
Motor cycles designed for off-road use and not built to carry any passengers
Multi-wheeled motor cycles (eg 3 or 4 wheelers)
Buses (vehicles built to carry more than 9 persons)


But what's a well body and what's a tray back, does his Maloo fit into one of those categories? He's not a tradey so doesn't use it as a ute if you know what I mean.

There is something about implied warranty too saying it has to be not suffering any major defects and be fit for purpose and I think arguing that it broke within two days of ownership says it fits into that category.
Fingers crossed the dealer will sort it, he paid $40000

2nd hand maloo... been thrashed.
your son was unlucky if he was driving it normally then...

Astron_Boy wrote:2nd hand maloo... been thrashed.
your son was unlucky if he was driving it normally then...

Yeah maybe hard launches etc have hurt the diff/shaft?
Wouldn't the diff oil be a regular service item on these?

The dealer are supposed to do a 151 point check on the car too but I don't know what that covers - they didn't give him any paperwork about that.

Rob Furniss wrote:

Astron_Boy wrote:2nd hand maloo... been thrashed.
your son was unlucky if he was driving it normally then...

Yeah maybe hard launches etc have hurt the diff/shaft?
Wouldn't the diff oil be a regular service item on these?

The dealer are supposed to do a 151 point check on the car too but I don't know what that covers - they didn't give him any paperwork about that.

typically diff oil is a set and forget, unlike fwds where the box and diff are combined.

Unsure about your dealer warranty factor, never gone through a dealer personally.

Shouldnt matter what was previously done in the car - the dealer has sold it after they have supposedly done all their inspections and passed certain standards etc - so the buyer expects to buy a car in a certain condition.
He has just spent 40 thousand dollars, and 2 days later something goes wrong thats not his fault - surely its not a case of 'stiff sh*t'. Can't be...

a well (well as in, timmy fell down the well) body is a ute with the load space built into the body, such as a maloo etc

a tray back is your typical bog standard toyota type ute with the steel tray that looks like (and has been) just dumped on the back of the chassis.


get legal advice if they try to throw you.

Maloo's are classified as a "tradies" Ute. Which is why you see a fair few of them on the worksite. And I think that is why they are priced to make sure they fit under the Gov maximum price.

In NSW if a car is sold with "no warranty" it means just that. So regardless as if it broke 2 weeks, 2 months or 2 minutes after it was sold, there is no warranty.

There are also exclusions to working parts of the car. They fall under a general maitainence group. So this is CV's, Driveshafts, Diffs and parts that just break. It sounds like this would be one of this exclusions. I hope for your Son's it is not something he has to foot the bill for, but I wouldn't get my hopes up.

On the flipside, because so many tools drive Maloos (and I'm in no way insinuating that your son is a tool lol, I'm sure he's very nice) your local wreckers should have plentiful stock of Maloo parts. That & the countless other GM parts that will fit up under the back of that car.

Bennoz wrote:On the flipside, because so many tools drive Maloos (and I'm in no way insinuating that your son is a tool lol, I'm sure he's very nice) your local wreckers should have plentiful stock of Maloo parts. That & the countless other GM parts that will fit up under the back of that car.

Cool, and he is a bit of a tool.
If the dealer won't sort it I might have a crack at sorting it myself then, should it be fairly straight forward do you know?

You need to check with your local Dept Fair Trading what the state laws are on used car dealer warranties.

I'm pretty sure (but could be wrong) that in NSW if you by a car worth more than $1500 from a car yard it must have warranty.

But of course no idea what it is in WA, so before you do anything speak to the relevant govt department.

Edit: Ben, why doesn't the underline work?
Edit: Yes I expect you to fix this from bedside on your tropical f**king island

Thanks Shane will give fair trading a call before phoning the dealer so I know where i'm at.

Tell them that you where driving it at the time it went not your son, they may think then that it was not driver abuse.

Shane001 wrote:Edit: Ben, why doesn't the underline work?

Because Gen Y are lazy...


It is a relatively straight forward fix, so if you get no satisfaction, then it's not that much of a headache, or expense to fix yourself...

Yeah was the w0rd filter, changing 'u' to 'you' in a bid to stem the flow of stupid from Gen Why & their txt spk.

I fixed it just 4 u!

That'll be ฿12,000 Baht.

Bennoz wrote:I fixed it just 4 u!

That'll be ฿12,000 Baht.

So far it looks like I was worried about nothing.
Phoned the dealer and they said they will arrange to get it picked up so they can look at it, he didn't commit to saying it will be covered though and said he will have to find what's gone first.
I spoke to my old man about it last night and he said the diff could be dry and caused the failure but who knows.

You may also want to Google Holden factory recalls. My mate had a VY 1 tonner & its diff sh*t itself within the first 80,000kms, in with a bunch of other failures, it lead to a factory recall based on a batch of dodgy diffs.

The 1 tonner utes did have a different (more heavy duty) diff than regular Holdens, but being a Maloo... it may be similar, I dunno.

Thanks Ben I shall have a Google