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  1. Join Date
    Jan 2013
    Posts
    686
    #11
    I think this will not be considered as lemon if the car is running fine. imo.

    I am pretty sure as usual casa will just make promises to remove those scratches until the top coat completely wiped out but not the scratches.

    If i were you, i'll just go to professional detailer to fix it and save the paint of your beloved brand new car.

    Btw, i never availed any car wash or any other services from casa except the usual pms on the first 10k of my toyota cars. That's the most significant tip i got from the tsikot experts.

    Casa mechanics and technicians "kuno" knows nothing about proper car maintenance. What they know is get your money alone.

  2. Join Date
    May 2016
    Posts
    546
    #12
    Lemon Law isn't that wide scoping. Car manufacturers are given 3 tries iirc to rectify a problem before customer can push for a replacement unit. If the issue is paint, only thing they are obliged to do is repaint or detail if that will fix the problem.

    If I were you, refund the payment for paint protection, let a detailer have a go at it, then charge the dealer for any trouble caused, and enjoy the car. Never ever have a dealer do anything with paint, detailing, or carwashing. They always find a way to screw things up.

  3. Join Date
    Oct 2016
    Posts
    19
    #13
    Thanks for the replies.

    The scratches are not deep, hindi nakakapa ng kuko, but deep enough kasi after buffing out 4 microns of clear coat, they're still there. Some hairline scratches are up to 2 feet long.

    About the Lemon Law - the tricky part here is that the problem is the paint. No amount of "repairs" can really "fix" the "problem" because buffing the car will result to thinning of clear coat - which will shorten the lifespan of the car's gloss. They may offer to apply a new layer of clear coat, but to do so effectively, kailangan baklasin everything, and if they do that and put it all back together, how the hell can they say that the car is in brand new condition?

  4. Join Date
    May 2016
    Posts
    21
    #14
    you might want to use the Consumer Act (on warranties) instead of the Lemon law sir... Lemon law requires 5 attempts before the dealer is mandated to replace or refund the purchase price (4th attempt - you must give a written notice[notice of availment] to the dealer and every attempt should be properly documented, after that you must still bring the vehicle for the 5th and final attempt and if the nonconformity is still there, you are entitled for replacement or refund)..

    if you happen to file a complain with DTI, be sure to give a copy to the dealer and TMP. (might be faster that way if TMP was notified)

  5. Join Date
    Oct 2016
    Posts
    19
    #15
    Quote Originally Posted by danzen View Post
    you might want to use the Consumer Act (on warranties) instead of the Lemon law sir... Lemon law requires 5 attempts before the dealer is mandated to replace or refund the purchase price (4th attempt - you must give a written notice[notice of availment] to the dealer and every attempt should be properly documented, after that you must still bring the vehicle for the 5th and final attempt and if the nonconformity is still there, you are entitled for replacement or refund)..

    if you happen to file a complain with DTI, be sure to give a copy to the dealer and TMP. (might be faster that way if TMP was notified)
    Hi sir, how will the Consumer Act help in my case more than the Lemon Law? Which part of the Consumer Act can I use to show TMP?

    About nonconformity - due to the issue at hand (scratches everywhere), following basic logic, nonconformity will always be there even if they were given a hundred tries to fix the problem, unless the vehicle is sent back to the assembly line wherever it was manufactured, which I'm sure won't be the case.

  6. Join Date
    Jan 2009
    Posts
    5,606
    #16
    I know the OP has every right to complain about the hairline scratches and all, but also consider that a perfect paint finish will never last for more than a few days... maybe a couple of weeks at most... especially if the vehicle is going to be used extensively. That's just a fact of life. With acres of surface area on an SUV, it's bound to get scratches sooner than you think. Anyway, if the scratch isn't at all obvious, I'd only go as far as asking for a rebate or refund on the new paint protection.

    Lemon law? Fat chance. The complaint should have a substantial effect on the vehicle performance, value or safety (ie. under-performing brakes, stalling engine, abnormal noises, rust/corrosion under the paint, etc.) and one in which keeps coming back. They can repaint the panel and it will not affect its value since it's done at the dealer and it will never come up in your insurance.
    Last edited by oj88; October 23rd, 2016 at 02:26 PM.

  7. Join Date
    Oct 2016
    Posts
    19
    #17
    Quote Originally Posted by oj88 View Post
    I know the OP has every right to complain about the hairline scratches and all, but also consider that a perfect paint finish will never last for more than a few days... maybe a couple of weeks at most... especially if the vehicle is going to be used extensively. That's just a fact of life. With acres of surface area on an SUV, it's bound to get scratches sooner than you think. Anyway, if the scratch isn't at all obvious, I'd only go as far as asking for a rebate or refund on the new paint protection.

    Lemon law? Fat chance. The complaint should have a substantial effect on the vehicle performance, value or safety (ie. under-performing brakes, stalling engine, abnormal noises, rust/corrosion under the paint, etc.) and one in which keeps coming back. They can repaint the panel and it will not affect its value since it's done at the dealer and it will never come up in your insurance.
    They can't properly repaint the entire car without disassembling the doors, fenders, bumpers, etc., and if they dismantle the vehicle to do a proper repaint, then comes the obvious problem - they won't be able to put it back together to its brand new condition. Following that logic, it is technically impossible for the dealership to repaint the vehicle without substantially impairing its overall market value.

    Or am I missing something here?

  8. Join Date
    May 2016
    Posts
    21
    #18
    Quote Originally Posted by Ansatsuken View Post
    Hi sir, how will the Consumer Act help in my case more than the Lemon Law? Which part of the Consumer Act can I use to show TMP?

    About nonconformity - due to the issue at hand (scratches everywhere), following basic logic, nonconformity will always be there even if they were given a hundred tries to fix the problem, unless the vehicle is sent back to the assembly line wherever it was manufactured, which I'm sure won't be the case.
    well that's where it gets confusing because the issue was the paint.. i'm not really sure what is the advantage of the consumer act over the lemon law here because both laws provide the same remedies to the consumers. Consumer act(no repair attempts needed) is better than the lemon law in other cases because of the provision there that there is a need for several repair attempts..

    Just try presenting your case to the DTI or dealer. I remember someone from DTI who told me that they once have a complain regarding bubbles on the paint of a brand new car and toyota replaced the unit. (not sure when did this happen).

    Which part should you use? Use the provisions on warranty... Due to the scratches, the value of the brand new car had already deteriorated. Hope this helps.

  9. Join Date
    Oct 2016
    Posts
    19
    #19
    Quote Originally Posted by danzen View Post
    well that's where it gets confusing because the issue was the paint.. i'm not really sure what is the advantage of the consumer act over the lemon law here because both laws provide the same remedies to the consumers. Consumer act(no repair attempts needed) is better than the lemon law in other cases because of the provision there that there is a need for several repair attempts..

    Just try presenting your case to the DTI or dealer. I remember someone from DTI who told me that they once have a complain regarding bubbles on the paint of a brand new car and toyota replaced the unit. (not sure when did this happen).

    Which part should you use? Use the provisions on warranty... Due to the scratches, the value of the brand new car had already deteriorated. Hope this helps.
    Very helpful. Thank you very much, sir.

    My agent actually tried to help me with a warranty claim during my 5th day of owning the car, but was subsequently denied. Maybe with this Consumer Act, there's a chance of something good for me happening. Just a very small chance, I'm afraid, but I'll still take it.

  10. Join Date
    May 2016
    Posts
    21
    #20
    Quote Originally Posted by Ansatsuken View Post
    Very helpful. Thank you very much, sir.

    My agent actually tried to help me with a warranty claim during my 5th day of owning the car, but was subsequently denied. Maybe with this Consumer Act, there's a chance of something good for me happening. Just a very small chance, I'm afraid, but I'll still take it.
    screenshot_1.jpg

    or Try the services of FTEB maybe they can help you with something.

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Brand New Car - Scratches and Swirls All Over