BMW Service Shock

requiem

requiem

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Hi guys.

So this morning I took my BMW to the local Dealership (Northcliff) - to have my car serviced.

Went through the usual processes and then something I hadn't noticed before, a long list of terms and conditions I had to sign (it is entirely possible I've signed this at previous services without reading them)...

One of the terms caught my eye, and was bugging me.

It basically said that I give them permission to drive my car, and I do so at my risk. I refuse to hold them liable for any damage to my vehicle no matter how it was caused.

I refused to accept this and was tartly told "We need to be able to drive your car to service it, it's up to you"...

I ended up leaving the car there and didn't sign that clause.

Am I being unreasonable, or is it standard practice in the car industry to let them do whatsoever they want to at my risk and cost?

Thanks in advance....
 
A mate of mine took his 350Z in for a service with similar conditions and the young mechanic "test driving" it managed to crash the thing by racing down a street and hitting a pavement. It took a lot of fighting to get the dealership to fix the car.
That clause is dodgy.
 
I think you are been unreasonable. Who must drive it to service workshop?

How will they test if everything is fine?
 
Cool E said:
I think you are been unreasonable. Who must drive it to service workshop?

How will they test if everything is fine?
Click to expand...

hqdefault.jpg


So they can drive my vehicle (and crash it into a tree) and I have to pay?
 
So I just had a friend send me this excerpt from the Consumer Protection Act....

Consumer right no. 7
RIGHT TO FAIR, JUST AND REASONABLE TERMS AND CONDITIONS.
what does this mean for the ordinary consumer?
your right to protection against unfair, unreasonable or unjust contract terms
• Suppliers are not permitted to market, supply or enter into an agreement to supply goods or
services at prices or terms that are unfair, unreasonable or unjust.
• Suppliers are not permitted to require consumers to waive any rights, assume any
obligations, waive any liability of the suppliers on terms that are unfair, unreasonable or
unjust.


Any further opinion?
 
requiem said:
So I just had a friend send me this excerpt from the Consumer Protection Act....

Consumer right no. 7
RIGHT TO FAIR, JUST AND REASONABLE TERMS AND CONDITIONS.
what does this mean for the ordinary consumer?
your right to protection against unfair, unreasonable or unjust contract terms
• Suppliers are not permitted to market, supply or enter into an agreement to supply goods or
services at prices or terms that are unfair, unreasonable or unjust.
• Suppliers are not permitted to require consumers to waive any rights, assume any
obligations, waive any liability of the suppliers on terms that are unfair, unreasonable or
unjust.


Any further opinion?
Click to expand...

Yea that ^

Besides that, they are actually not allowed to make you sign pages of fine text of wavers and so on. The fact that they are doing that in its self shows that they have no clue what the CPA is about.
 
Madman88 said:
Yea that ^

Besides that, they are actually not allowed to make you sign pages of fine text of wavers and so on. The fact that they are doing that in its self shows that they have no clue what the CPA is about.
Click to expand...

They're probably aware that the consumer commission is a balls up - and you'd have to take them to court to settle the matter.
 
One part of myself says that they're allowed to test drive the car, to make sure all is well - but the other part of myself says that if it's a performance car, then it will be abused for a quick thrill.

It is the stealership's responsibility to ensure that their mechanics test drive their customers cars well within speed limits, as well as have a valid drivers licence etc. And it is the customer's right to refuse that his/her car being taken for a test drive.
 
Had the liability thing with my previous car... except they didn't say so on the service form, however they did have it on a board, saying all "vehicles left here.... blah blah... not liable for any damage... blah".

I've not had issues with the BMW dealership (Leo Haese) that I go to, nor the Merc dealership and I'm happy not to have to worry about them damaging my car.
 
xrapidx said:
They're probably aware that the consumer commission is a balls up - and you'd have to take them to court to settle the matter.
Click to expand...

Good luck doing that, even if you manage taking them to court they will smash you. These guys never play fair also they will drag court be cheaper to buy a new BMW.

Arent dealerships suppose to have insurance to protect the customer's car since its like their business trade?

Also dude if you dont sign it, then they dont have to provide you with a service. If they have to drive your car on like a hydrolic lift to go under it or for what ever reason they cant because you havent given them permission for move the car. Besides its a BMW dealership I dont think they will go clown around with your car on the road and smash it being stupid.

Also consumer act wont help you, because those are the terms and conditions they set they not forcing you to service the car there, i assume.
 
@Riax, it happened some years ago that a mechanic wrote off a client's RS4 when he raced against another car, lost control and drove into a tree at 120km/h.
Another mechanic took a client's Touraeg out for a "test drive" at 200km/h in Cape Town. The client was sms'ed by his tracking company "your vehicle has exceeded the speed limit set by you".
 
froot said:
@Riax, it happened some years ago that a mechanic wrote off a client's RS4 when he raced against another car, lost control and drove into a tree at 120km/h.
Another mechanic took a client's Touraeg out for a "test drive" at 200km/h in Cape Town. The client was sms'ed by his tracking company "your vehicle has exceeded the speed limit set by you".
Click to expand...


:wtf: ... Im curious so what happened? were these audi dealerships ?
 
froot said:
Another mechanic took a client's Touraeg out for a "test drive" at 200km/h in Cape Town. The client was sms'ed by his tracking company "your vehicle has exceeded the speed limit set by you".
Click to expand...

Wrong car... was a Jeep SRT8 from Century City Jeep... the client was checking his logs for SARS and noticed the vehicles acceleration and sudden breaking up and down milnerton.
 
I remember that story. I know it happened to a Touraeg too. Was the V10 diesel.
 
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