If this continues to happen just take it back and ask for a refund as the vehicle is obviously not fit for purpose.The fact it looses power and is dangerous should make someone look harder.You will however need to find a way to doccument the issues so you can prove the issue is happening often.
lemon Laws
Karla Pincott
12 May 2011
Cars for sale | New & Used Cars | Car news, reviews & blogs at carsguide.com.au
New laws aim to end service and warranty hassles -- if you get a dud, you can claim a replacement.
You used to have Buckley's chance of returning a dreaded lemon to the car dealer for a replacement or a refund.
As for being compensated for the inconvenience, aggravation, lost income and costs racked up while taking the car from hell to the dealer for a further non-fix under warranty, well, make that virtually no chance either.
Many Australian consumers have tried but only a few very determined people have succeeded, usually after long, expensive battles against squads of car company lawyers in various courts.
The new Australian Consumer Law (ACL), developed by the states and the Australian Competition and Consumer Commission, came into force on January 1 this year. It's not as tough as US lemon laws, but it gives you much more protection than the maze of state and federal consumer regulations you previously had to navigate to make a case that your car resembled a particularly bitter variety of citrus fruit.
The Australian Consumer Law applies to most goods and services, including new and used cars, except those bought at auction or private sale, where you're still basically on your own.
When you buy a car from a dealer, you now have the protection of legally enforceable consumer guarantees, including that the car is of acceptable quality (
which includes being safe, free from defects and durable) and reasonably fit for any purpose you specify when buying it, such as towing.
If you have what the ACL calls a major failure with your car, you are entitled to return it to the dealer to claim a refund, or a replacement -- your choice of an identical new car or one of similar value.
A major failure is when a reasonable consumer would not have bought the car if they had known about the problem, or when the car is substantially unfit for its normal purpose.
In other words -- the car is a lemon.
If you have a minor problem with the car, the dealer is still allowed to fix it under warranty. If you have to get your car fixed at another workshop, you're entitled to claim the cost from the dealer who sold you the car.
However, if the dealer can't fix the problem within a reasonable time, you are also entitled to a refund or a replacement.
