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A manufacturer’s approved used car 12 month Warranty shows faults not covered to include water ingress. The warranty was posted and received three days after the car was delivered ie the buyer had no knowledge of the t&c’s at time of purchase and obviously had no negotiation or input on those t&c’s.
Eleven months into the warranty the car suffers water ingress causing damage to the electrics.
Prima facie there can be no warranty claim for the water ingress.
However the matter would be covered by The Unfair Terms in Consumer Contracts Regulations 1999, specifically section 5 (1) & (2) and schedule 2 (i)
Would the buyer have a case under these regulations or would a court rule that whilst possibly unfair the t&C’s of the warranty still apply?
https://www.legislation.gov.uk/uksi/.../contents/made
Eleven months into the warranty the car suffers water ingress causing damage to the electrics.
Prima facie there can be no warranty claim for the water ingress.
However the matter would be covered by The Unfair Terms in Consumer Contracts Regulations 1999, specifically section 5 (1) & (2) and schedule 2 (i)
Would the buyer have a case under these regulations or would a court rule that whilst possibly unfair the t&C’s of the warranty still apply?
https://www.legislation.gov.uk/uksi/.../contents/made
