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Car manufacturer issue - warranty, sale of goods?


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I purchased my vehicle from a main dealership 10 months ago.

 

Around January, it developed an unfortunate whirring noise of which I thought might settle, since then, it became more apparent so I took it back to the garage.

 

When taking the car into the garage, it appears it was due a service. The garage claim that due to not having the car serviced 2000 miles earlier (but still within the 12 months), the warranty is void.

 

I have been told by the garage (in writing) that servicing would not have had any affect on the cars fault, and that the fault is a known fault, where other vehicles have had a 7 year extended warranty.

 

My car is 5 years old and has covered less than average 47500 miles. The issue is a known issue with the gearbox.

 

Would this be under the sales of good act, a gearbox is designed to last more than 47500 miles or 5 years surely?

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