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Exywarrior Profile
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X-TRAIL FANATIC
 


Date Registered: 10-2011
Location: Darwin, NT
TOTAL POSTS: 325
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Re:


For what it's worth, I've done a little hunting around and there is a Nissan X-Trail M9R engine with 12,000km on the clock advertised for $5,500 on Ebay HERE. It's even a 2008 model. Some dismantler in Mount GAmbier, but it might save you a packet.

Last edited by Exywarrior, 3/Dec/2012, 8:20 pm


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Mark T
2011 Series 4 T31 TL Auto - Twilight, factory towbar, factory mats, tinting, Cooper CS5s, cathodic protection, paint protection, yada yada...and no Provent
X-2099
3/Dec/2012, 8:10 pm Link to this post Send Email PM   Send Private Message Blog
 
MGH079 Profile
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Date Registered: 03-2009
Location: Townsville
TOTAL POSTS: 94
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Re:


What's this fit for purpose legislation?

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Marc
X-1197 (C)
http://www.carsales.com.au/private/details/{0}-{1}-{2}-{3}?R=11076429
08 White TL TD Auto
4/Dec/2012, 12:05 am Link to this post Send Email PM   Send Private Message
 
MrMez Profile
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X-TRAIL ENTHUSIAST
 


Date Registered: 03-2011
TOTAL POSTS: 124
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Re:


Was thinking "fit for purpose" under the consumer guarantee too.

However, since it would be for an amount over $10,000, Nissan would most definitely be getting professional representation.

Have you called consumer protection and given them a run down of the situation?
They will be able to give some good advice, and could be a little easier than forking over cash for a repair/replacement.
4/Dec/2012, 12:48 pm Link to this post Send Email PM   Send Private Message Blog
 
DogTrail Profile
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Date Registered: 05-2012
Location: Sunshine Coast
TOTAL POSTS: 481
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Re: Re:


 "What's this fit for purpose legislation?"

As far as I understand it, the ACCC confers a warranty upon items sold in Australia which says (amongst other things) that goods must be 'as described + fit for purpose + of merchantable quality'.

They go on to say that manufacturers warranties (express or implied) are over-ridden by the Australian consumer guarantee Legislation giving this Statutory Warranty.

Consequently manufacturers have been successfully sued for replacement of items which have failed outside the given original manufacturers warranty, but which would have been reasonably expected by the purchaser to have lasted for a longer time period than they did.

Maybe it would be appropriate to start looking at redress under this legislation.

I don't have a link to the website, but it should be easy to find.

Edit: try www.accc.gov.au however the legislation for items purchased prior to 1/1/2011 is different to that for items purchased after that date.

That definition is quickly found by Googling 'statutory warranty' and in any case it is on the ACCC website shown above.

In summary, for pre 1/1/11 it says: - "Your statutory rights are not limited to a set time period – they do not just 'expire' or 'run out'. The length of time they apply for depends on what it would be reasonable to expect, given the cost and quality of the goods or services you bought. "

The more that Nissan say that it is usually a good and reliable vehicle, the more it enhances your position for replacement under Statutory Warranty as someone who has found that not to be so in your instance.

If attempting to avoid your warranty claim in the Court under the requirements of Statutory Warranty, Nissan could simply say "Our diesels are a bucket of excrement and you get what you pay for so we don't have to fix it".

Despite that obvious defence, (imagine how quickly that would go viral) they should still not win the case by saying they sell cheap rubbish as they have previously created an expectation for you by advertising that it is actually a quality product.

An interesting exercise of hypotheticals but theoretically the result should be favourable for you, if there was such a thing as natural justice.

There isn't.

There is only the Law.

Good Luck

Last edited by DogTrail, 6/Dec/2012, 12:54 am


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2011/12 Australia:- 2.5 litre petrol 4WD, Series IV ST, CVT with Nissan bonnet & headlight protectors, mats + after-market HD towbar with added step for old dogs. ;) Garmin GPS, K&N air filter, DashMate, Black Pearl Tint , Dirt. X-2429(c).
5/Dec/2012, 10:32 pm Link to this post Send Email PM   Send Private Message
 
jalalski Profile
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Date Registered: 02-2004
Location: SUTHERLAND, SYDNEY
TOTAL POSTS: 29100
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Re:


Check THIS thread for details on the new consumer law for warranties which took effect in January, 2011.

Last edited by jalalski, 6/Dec/2012, 4:45 am


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6/Dec/2012, 4:44 am Link to this post Send Private Message MSN Blog
 
MGH079 Profile
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Date Registered: 03-2009
Location: Townsville
TOTAL POSTS: 94
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Re:


Jalalski the car was bought pre Jan1 2011 however the Nissan Extended warranty was purchased this year.

I finally for the invoice today for just under $26700 to replace the motor and the fuel system.

Problems are
Injectors & injector pump scored - Their saying contaminated fuel but unable to back up.
Head warped - indication of overheating
Metal fragments from the oil that was dropped - In the mechanics opinion its the big end bearing that has gone.

I have never had a warning light come on.
Now the thing that gets me is the Big end has nothing to do with the fuel system. Something big must have happened for this to happen to both parts of the motor and "contaminated" fuel should not do this, and when the say contaminated they are indicating that the fuel is dirty. if dirty fuel is in the tank then the filter should stop this from happening, the fuel filter was changed as per the service book.

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Marc
X-1197 (C)
http://www.carsales.com.au/private/details/{0}-{1}-{2}-{3}?R=11076429
08 White TL TD Auto
6/Dec/2012, 4:52 pm Link to this post Send Email PM   Send Private Message
 
Muddy1967 Profile
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X-TRAIL NEWBIE
 


Date Registered: 11-2012
Location: Cranbourne, Victoria
TOTAL POSTS: 11
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Re: New diesel?


Hi Guys,
After reading this post I am crapping my pants, (just about to pick up my new Diesel T31 next week) emoticon
This contaminated fuel business is very scary. I have sourced where I can get Caltex Vortex Diesel near by so I pray that this will be the answer. emoticon

Should I cancel my car and loose the deposit? I am very nervous to say the least.

God bless you all.
Clay.

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Clay (Muddy) Howard X-2780 (c)
2011 T31 Series IV TS Auto Precision Grey
Nissan Tow Bar, Bonnet Protector, Weather Shields, Nissan mats.
8/Dec/2012, 12:12 pm Link to this post Send Email PM   Send Private Message Blog
 
Exywarrior Profile
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X-TRAIL FANATIC
 


Date Registered: 10-2011
Location: Darwin, NT
TOTAL POSTS: 325
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Re:


Clay,

Don't be alarmed - just alert. There are thousands and thousands of Common Rail Diesel cars on the road (not just X-trails) and they are all perfectly ok as long as they are operated within their limits and quality fuel is used. Diesels are renowned for their longevity and fuel economy. But like any engine they need to be looked after, and fuel quality (and indeed lube oil quality) in a diesel is all important.

I think this particular fuel pump incident is more likely the exception rather than the norm - might have been a manufacturing defect that went unnoticed or similar.

I wouldn't cancel your diesel car - you'll have a lot of fun with it! But I would recommend that you read my article about diesel fuel quality and what to watch out for - it's HERE.

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Mark T
2011 Series 4 T31 TL Auto - Twilight, factory towbar, factory mats, tinting, Cooper CS5s, cathodic protection, paint protection, yada yada...and no Provent
X-2099
9/Dec/2012, 12:33 am Link to this post Send Email PM   Send Private Message Blog
 
Muddy1967 Profile
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X-TRAIL NEWBIE
 


Date Registered: 11-2012
Location: Cranbourne, Victoria
TOTAL POSTS: 11
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Re: New diesel?


Thanks for your advise Mark,
I never really entertained the idea of cancelling the new Exy Beast.

So excited, one week to go hopefully, emoticon

Clay,

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Clay (Muddy) Howard X-2780 (c)
2011 T31 Series IV TS Auto Precision Grey
Nissan Tow Bar, Bonnet Protector, Weather Shields, Nissan mats.
9/Dec/2012, 2:33 pm Link to this post Send Email PM   Send Private Message Blog
 
MGH079 Profile
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X-TRAIL NEWBIE
 


Date Registered: 03-2009
Location: Townsville
TOTAL POSTS: 94
Reply | QUOTE
Re:


Well, I have has some success with Nissan Australia, they are now covering the big end under warranty the issue with the fuel system is still out standing, they are now pulling out the fuel filter and sending it to (I think they said Sydney) to Nissan themselves.
They are replacing the engine block

---
Marc
X-1197 (C)
http://www.carsales.com.au/private/details/{0}-{1}-{2}-{3}?R=11076429
08 White TL TD Auto
11/Dec/2012, 5:18 pm Link to this post Send Email PM   Send Private Message
 


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