Karlmiklis

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Ford aus have advised they are working on a fix for customers. The legal solution is simply cancel your order if you aren’t happy. The pessimists on the Aussie Mach 1 Facebook page think it will be a free service and the ability to cancel their order. The optimists are asking for $10k worth of parts to make it a HP car. The truth from Ford aus will likely be in the middle.





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MLO 351

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The feature update is probably in regards to what was written in the brochure only (like Torsen diff, ACC etc). But the brochure doesn't say anything about stiffer steering shaft so they don't need to rectify that. It was written here in November that RHD cars don't get it. Honestly, we knew the export cars are not getting these features, it was clearly stated in all EU brochures, so it comes as no suprise to me that the Aussie brochure had it stated wrongly and now they're fixing it.
Ford aus have advised they are working on a fix for customers. The legal solution is simply cancel your order if you aren’t happy. The pessimists on the Aussie Mach 1 Facebook page think it will be a free service and the ability to cancel their order. The optimists are asking for $10k worth of parts to make it a HP car. The truth from Ford aus will likely be in the middle.

The legal solution goes far beyond just cancelling your order.

Fact is to install a Torsen differential it will be the best part of $5k and to install ACC it will be a similar amount. These two items are the core of the issue and are the basis of the very reasonable $10k claim.

Purchasing decisions have been made based on these two items being included with this vehicle.
Ford AU need to:
A.) Include these parts as advertised
or
B.) Compensate buyers so that they can have the choice to obtain these parts in the aftermarket (Likely voiding warranty to do so).

Simply put, the overall value of the car has been negatively impacted by these changes and the sale price needs to be adjusted accordingly.

Quote below from the ACCC website:

Creating a false or misleading impression
Businesses are not allowed to make statements that are incorrect or likely to create a false impression.

This rule applies to their advertising, their product packaging, and any information provided to you by their staff or online shopping services. It also applies to any statements made by businesses in the media or online, such as testimonials on their websites or social media pages.

For example, businesses cannot make false claims about:

  • the quality, style, model or history of a product or service
  • whether the goods are new
  • the sponsorship, performance characteristics, accessories, benefits or use of products and services
  • the availability of repair facilities or spare parts
  • the need for the goods or services
  • any exclusions on the goods and services.
It makes no difference whether the business intended to mislead you or not. If the overall impression left by a business’s advertisement, promotion, quotation, statement or other representation creates a misleading impression in your mind—such as to the price, value or the quality of any goods and services—then the behaviour is likely to breach the law.
 

Karlmiklis

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Thanks for the accc research.

It will be interesting to see what happens - the brochure has a list of disclaimers blah blah blah which is why I suspect the remedy will be a few trinkets or a refund to walk away. There is no way to retro fit the items eg acc.
 

MLO 351

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Nardly

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MLO 351

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Ford does not have ACC in any Mach 1. So it's not a simple buy a cable and transmitter fix. It would have to be designed for the car. And like Karlmiklis said, Companies always cover their butt with disclaimers.
Its not about whether you can or cant retro fit these items, its about the decreased value the car has because they have been withdrawn.

Simply put, the overall value of the car has been negatively impacted by these changes and the sale price needs to be adjusted accordingly.

Companies have disclaimers, consumers have rights.
 
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Nardly

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Its not about whether you can or cant retro fit these items, its about the decreased value the car has because they have been withdraw.

Simply put, the overall value of the car has been negatively impacted by these changes and the sale price needs to be adjusted accordingly.

Companies have disclaimers, consumers have rights.
I agree but it seems from my experience that they walk all over our rights and the companies move on. If you could get a class action suit you might have a chance.
 

MLO 351

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I agree but it seems from my experience that they walk all over our rights and the companies move on. If you could get a class action suit you might have a chance.
Yes, this will get down to what each individual buyer who was impacted ends up accepting, I wish everyone directly involved the best of luck.
 

Phil_AVF

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As long as they had a small print of 'Specifications and features subject to change at any time' in the brochure, there is nothing you can legally claim for. However, I'm sure Ford Aus will do something small as a goodwill gesture, such as a free service plan to those who complain. But in all fairness, it has been obvious for a long time that these items were never going to be on the Australian cars, as all other Export cars, including UK RHD, stated clearly they did not have sensors or ACC and it was an LSD.
 

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