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SAAB 9-3 Sportwagon - Failed dmf - saab93mk

Have owned car for 8 weeks in which time it has required a new wheel bearing, rust patch repaired and is now back in the garage diagnosed with a failed DMF and damaged clutch resulting from this failure. The car is 2006 with 56000 miles and came with a 12 month warranty the warranty company are refusing to pay claiming that this is wear and tear I have been quoted 1030 pounds to repair, the dealer is offering as a "good will gesture" to cover half the bill. Should they be paying for all of it do I have any recourse under the sale of goods act due to the short time owned. The vehicle has a full saab service history!

SAAB 9-3 Sportwagon - Failed dmf - bonzo dog

Hi, sorry to sound pedantic but exactly who said exactly what?

Was it the dealer or the warranty co who told you the claim had been rejected & what part did they say had worn?

SAAB 9-3 Sportwagon - Failed dmf - saab93mk

The warranty company said that they would not pay out as the DMF and clutch are considered wear and tear items. The garage have said that there is a lot of play in the flywheel and it is starting to float freely?

There has been a slight development after disputing the warranty companies decision as they have agreed to send an 'independant' assessor out next Tuesday to have a look.

Saab UK state that the DMF cannot wear out it has to be a mechanical failure to cause it to go so I have no idea what the solution will be if the warranty company still refuse.

SAAB 9-3 Sportwagon - Failed dmf - bonzo dog

Hi again, & again I'm not trying to be pedantic but in order to advise you I need to know exactly what was said & by whom.

It is very unlikely that the warranty co have said "we don't cover DMF & clutch as they are wear & tear items" & then send an assessor out, as if the parts arn't covered then that is that.

Have you spoken to the warranty co or is the dealer relaying their take on the conversation to you?

SAAB 9-3 Sportwagon - Failed dmf - saab93mk

I have spoken to the Warranty company directly and they stated that it depends on what has happened to the parts, if it is a gradual deteriation of the dmf then this will not be covered they only cover sudden mechanical breakdowns, I took the car into the garage because of a rattle noise when depressing the clutch pedal and gear changes were getting rougher. The garage have stripped down and reported a lot of play in the flywheel causing it to float freely which has then caused damage to the clutch.

After speaking to the warranty company i then phoned the garage back and told them what was said and the garage recontacted them saying to me that they would tell the warranty company that it has broken, following this conversation the assessor is being sent out im assuming to give his opinions.

Hope this helps its getting confusing.

SAAB 9-3 Sportwagon - Failed dmf - LucyBC

If you bought the car from a dealer eight weeks ago then unless you havbe done a great deal of mileage the car is covered under the Sale of Goods Act whether the warranty pays out or not.

The Sale of Goods Act states that if a failure occurs within 6 months of purchase the presumption is that the fault was there at time of sale unless the selling dealer can show otherwise. The remedy is for them to arrange and pay for all the repairs - not 50% of the repairs. If a vehicle fails eight weeks after sale the chances are the court would support the view that the fault was already present,

The Sale of Goods Act is the bedrock of your consumer protection and the warranty sits on top of it. That said the warranty company does have some responsibilities and a Dual Mass Flywheel failure is normally regarded as a mechanical failure rather than wear and tear and many warranties will cover it.

If the warranty company agree to pick up the majority of the bill it will be up to the dealer to cover any shortfall.

SAAB 9-3 Sportwagon - Failed dmf - bonzo dog

Hi again, thanks for that.

Lucy is correct, Dual Mass Flywheel failure is normally regarded as a mechanical failure rather than wear and tear.

However my concern would be that after only 8 weeks the warranty co would (possibly correctly) take the view that the flywheel was faulty at time of purchase thus be down to the dealer to rectify rather than themselves.

The advantage of having them do an assesment is that if they say the fault has just occurred, then they are liable - you win; if they say the fault was there at purchase, then they are confirming the dealer is liable & is evidence for you to pursue the dealer for 100% of the repairs.

Ask for a copy of the assessors report if they decline the claim & good luck.