On August 1, 2017, GM Holden Ltd entered into an Enforceable Undertaking with the Australian Competition and Consumer Commission (ACCC) that covered a broad range of warranty related issues in relation to its vehicles.
Holden’s Enforceable Undertaking to the ACCC includes elements that are highly relevant to independent repairers and their customers. According to the undertaking, Holden will ensure that dealers are aware that the practice of providing verbal advice to consumers that using an independent repairer to service their vehicle will automatically void the warranty must now cease.
The Australian Automotive Aftermarket Association (AAAA) congratulates the ACCC for the effort it has made in ensuring that Australian consumers’ rights are protected. The AAAA also welcomes the important undertakings that have been agreed to by Holden, avoiding potentially lengthy legal action and additional delays to consumers seeking remedies for manufacturing faults on their vehicles.
These include Holden’s reinforcement in the undertaking to the ACCC that the car owner has the right to choose their preferred repairer (referenced in clause 11.2a). When a consumer uses a repairer outside of the Holden dealer network, this will not void or limit any remedies that Holden is obliged to provide through their new car warranty or consumer guarantee obligations. This part of the undertaking links in directly with the advice provided in the AAAA’s “Truth About New Car Servicing” consumer education brochures which continue to be freely available to all consumers.
AAAA member repairers are also advised of Holden’s undertaking to advise all owners of model year 2007 and 2008 Holden CG Captiva vehicles fitted with the 2.0 Litre diesel engine of their consumer rights in relation to denial of remedies by Holden in the past. As many of these vehicles may have been on-sold, serviced outside of the Holden dealer network, or are outside of their new vehicle warranty periods and the owners may not be contactable by Holden, AAAA members should ensure that they advise their customers of the remedies that are now available to them, regardless of the warranty status of these vehicles.
AAAA Executive Director Stuart Charity said, “We congratulate the ACCC on their detailed investigation and we are pleased to see that Holden has entered into this enforceable undertaking. Our members have a key role to play in advising their customers of their rights under Australian Consumer Law. Holden may not have contact with the second or third owners of these vehicles, but we do. ”
“This undertaking confirms that all car owners can be comfortable using the repairer of their choice, regardless of the age of their vehicle, which is in line with the advice we provide through our “Truth About New Car Servicing” campaign. As our industry group represents several thousand independent automotive repairers across the country, it is incumbent of our members to assist any Holden owners by ensuring that they are aware of the undertakings that Holden has made to the ACCC, particularly in relation to the issues surrounding the 2007/8 CG Captiva models,” Mr Charity added.
AAAA members and their customers can download the entire GM Holden Ltd Enforceable Undertaking to the ACCC using this link: http://bit.ly/2hJig2Z
For further information or interviews contact:
Stuart Charity, Executive Director AAAA – 03 9545 3333
Paul Marinelli, Marinelli PR – 0417 558 655.