WARRANTY CLAIMS, MANUFACTURER LIST PRICES, WARRANTY AUDITS, CLAWBACKS AND EXTRAPOLATION – WHERE DOES IT END?

In recent months, in talking to Dealers across different brands, it has come to my attention that there is some concern about certain factory behaviours in the areas of warranty, Australian Consumer Law (ACL) compliance and lack of good faith.

Those issues have complex factual and legal backgrounds but, in the table below, I have attempted to summarise the issues, the impact on Dealers, the impact on consumers and the legal position.

Vinesh George
Company Secretary and Legal Counsel, AADA | Principal,
VS George Lawyers

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