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Can large, low profile tyres which make a lot of noise be described as 'not fit for purpose'?

I have an Audi A7 3.0TDI S-Line that suffers from appalling tyre ‘hum’. The hum is unfortunately right at the pitch and frequency of my upper-tier hearing range. When I first asked about it you suggested (correctly) that the reason might be its wheels and tyres and yes, it is on blingy wheels with 265/35 R20 Y 99 tyres, which is why I brought it as it looks good. Vanity is an accepted part of the car buying experience I'm sure. Your suggestion of smaller wheels with deeper profile tyres would fix the issue but, as Vindis Audi also said, it looks awful.

They have offered to change the Yokahama Advan Sports tyres for Michelin Pilot Sports which are apparently 2dB quieter. I guess I would be less cheesed off if my Mercedes CLS and BMW 6 Series had the same issue with 20-inch tyres, but they don't. They do make a lot of tyre roar but they don't hum. I assume there is no precedent you're aware of where a characteristic for most people can be deemed a fault due a known disability for the purchaser, and subsequently the goods sold are not fit for purpose?

Asked on 13 July 2013 by CO, via email

Answered by Honest John
No grounds for rejection here where going for the bling has caused the problem. But I'll let you into a little secret. Car manufacturers get these big low profile tyres for next to nothing because the tyre manufacturers know they will need replacing in about half the mileage of more sensible tyres and also charge around twice the price for them. It's called "marketing".
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