General Panda Dynamic Radio problem

[Creamola]

Folk,
I am NOT a lawyer - and so not licenced to give you advice BUT I would argue that in law, you do have a case to enforce the dealer fixing the radio - even if it is older than one year.

Why?

Well, it's all about the sale of goods Act 1979 and goods being of "merchantable quality" (now more commonly known as "satisfactory quality"). Depending on the product and what one would reasonably expect of it in terms of use and price - one could argue that "satisfactory quality" is an expectation that could exist (in law) for anything up to 6 years.

What does this mean?

It's really all about what a court and consumer would consider reasonable life expectancy for a particular product. To give you an example, I got Creative to replace my MP3 player when it broke after the one year warranty ran out. This is on the grounds that I would not have purchased a 150 quid MP3 player if I expected it to only work for a year. In other words, for a product like this, there are "implied" terms that it is reasonable to expect the product to work for longer.

In this particular case, this is a unique fit radio that is integral to the operation and a fundamental component of, the driving experience. It is therefore reasonable to expect this radio to work for longer than a year.

The solution would therefore to be:

1. If you can't get the dealer to fix it for free, pay for the fix but make it quite clear that you intend to seek restitution in the courts.

2. Using the invoice for the work done, make a claim in the small claims court - you can even do this online: https://www.moneyclaim.gov.uk/csmco/index.jsp

The dealer would then either have to contest the case, or pay the sum you are claiming for the fix. If you make it clear that that is what you intend, the dealer will probably sort it at step 1. as it will cost them more to contest the case in the small claims court - than to just fix your radio.

Oh, and if you don't believe me about the 6 year thing - here's some background reading: http://www.dti.gov.uk/consumers/fact-sheets/page24700.html

 

[T14086]

Interesting.........I was thinking about what 'acrosland' was saying earlier & you kinda reinforced it....If I brought a 32"LCD TV that broke after a year (years warranty) then it would be a pain in the butt considering I could of got a 14" tv for 10th of the price that would of lasted as long

Edit.......'Creamola',who (according to that DTI link) would dare to be a retailer!!!

 

[hpScot]

Creamola......:worship:

 

[b1g1an]

Creamola, that's all OK BUT it is the manufacturer who is liable after twelve months NOT the retailer so your redress is from them, as your example, it was Creative who coughed up.

A lot of retailers try to say it is the manufacturers problem before the twelve months are up and this is equally wrong.

 

[Creamola]

Creamola, that's all OK BUT it is the manufacturer who is liable after twelve months NOT the retailer so your redress is from them, as your example, it was Creative who coughed up.

A lot of retailers try to say it is the manufacturers problem before the twelve months are up and this is equally wrong.

On what basis do you make that statement?

I wrote (as I outlined) to Creative - and they gave me a replacement product - which was very nice of them but if they hadn't, my claim would have been against the retailer.

In contract law, the contract is between you and the retailer unless the retailer is acting as an agent for the Manufacturer - which is why T14086 made his comment about "who would dare to be a retailer" .

So, why do you say that it is the Manufacturer who is liable in this particular case after 12 months? Is it because the Fiat garage is acting as an agent for Fiat?

 

[Oscar]

My moum solved her radio problem by just keeping a CD in - and the radio's never come on of his own accord since...

 

[b1g1an]

On what basis do you make that statement?

Because that's what Trading Standards told me the Sale of Goods Act says BUT I've just read the article you linked to so am wondering if the 2002 regulation changed this, either that or perhaps they over simplified the article.

Does seem very unfair on the retailer if it's right.

 

[hpScot]

My moum solved her radio problem by just keeping a CD in - and the radio's never come on of his own accord since...

Now that IS a an interesting approach. Cheers for that.

 

[T14086]

Folk,


Well, it's all about the sale of goods Act 1979 and goods being of "merchantable quality" (now more commonly known as "satisfactory quality"). Depending on the product and what one would reasonably expect of it in terms of use and price - one could argue that "satisfactory quality" is an expectation that could exist (in law) for anything up to 6 years.

I'm getting out of the motor trade cause no garage/dealer or even manufacturer could survive on those terms.....think i'll get a cosy job at the local citizens advice

 

[hpScot]

think i'll get a cosy job at the local citizens advice

LOL - nice one mate.

 

[acrosland]

looks like I have raised a good discussion on this thread. The radio is back to turning itself on and we are now trying the cd option.

 

[T14086]

Tried that in the idea,radio on this morning

 

[b1g1an]

Is this effecting all examples of this radio, regardless of age?

 

[hpScot]

Looks possible mate.

Guess I'll get the faceplate adapter on back order at my local Reg Vardy......oops Arnold Clark (the evil empire's expansion continues to grow ever larger).

And no, that isn't a cheap sideswipe at a FIAT dealer - it's my opinion based on past experience of lacklustre service from all departments. Sorry.

 

[Dirk_Crisis]

So how many people on this forum have now had this problem? It *might* be useful to list the year of your car to give us a bit of a pattern. Or maybe not.

Anyway ...

I had this problem in May 2006 with my '04 plate Eleganza which I'd bought from a Car Supermarket the previous month. The cost was (fortunately) absorbed by the Car Supermarket but it took about 6 weeks to fix.

Edit (for the second time) - I suppose what I'm trying to find out is whether this problem is prevalent enough to put on a list of things to look out for when buying a Panda (along with the boot light and locking filler cap (or lack thereof).

 

[Schwenck]

I'm not a Panda owner so shoot me down if you like, but I don't understand if the radio switches itself on, why isn't the auto power-off killing it after 20 minutes? Does the problem then lie outside the normal power control system?

 

[T14086]

I'm not a Panda owner so shoot me down if you like, but I don't understand if the radio switches itself on, why isn't the auto power-off killing it after 20 minutes? Does the problem then lie outside the normal power control system?

Its nothing to do with the car it's the software in the blaupunkt audio unit.

Ideas do it aswell as pandas.

 

[kipster]

Just to bring this topic to light again.
My radio was replaced 5 weeks ago under warranty, it was just two days until the warranty end . My radio had a different problem, it would switch from cd to radio 4 without being asked, ALL my presets would change to radio 4. . It would not allow any function to operate whilst it was playing radio 4 ( i don't even like radio 4). If i turned it off it would be fine for about 5 minutes, then start playing radio 4 :bang: .
New one fitted, it lasted two weeks and now it's doing it again. I contacted my dealer who was actually quite rude and promised to call me back but didn't. He claimed they were extremely reliable units and had never heard of one failing in a Panda, i informed him otherwise and quoted this thread. He said "i seemed to know it all," and it was not Fiats responsibility, the responsibility lies with Blaupunkt.
Anyway i was tired and not in the mood for an argument, so i politely said goodbye and just called him a few unsavoury names to myself.
Thing is, as this is a new unit am i right in thinking it would be covered by a new 12 month warranty, if so are Fiat liable to replace it for a further 12 months? Or do i just sling it and by my own, as these sets are clearly useless.
Any advice would be appreciated. Thanks.

 

[usher]

Usually you find that as with consumer goods anything replaced under warranty doesn't extend it beyond the original warranty expiry date

 

[milltech]

We now have a duff radio in a plastic bag and a big ugly hole in the dashboard. Dealer says that they can't help and that Fiat won't help.
We have heard several times that this is a "known fault". My point here is that this fault seems to be much older than experienced by other correspondents who have been fortunate enough to get a fix under warranty!
Our car has only 10K on the clock.
Any pointers would be gratefully received. Chris.

Well the radio is pretty useless one anyway, my humble opinion, can't plug in the mp3, radio defaults to quiet each time you switch it on. I understand Fiat provide an infill panel to make the radio hole a standard size. Go out and buy a nice Sony or something with an mp3 port and slot it in the hole, Halfords will fit free, (at least they used to do so).

I've got a nice radio from my old car and keep meaning to swap it, but you kow how these things are and time passes, and Halfords would want me to buy another etc etc so I live with it. But if it went wrong I'd dump it. Under the circs I'd have thought the infill should be a freebie.