Zimpapers Logo

related to engines and motor vehicles.
One reader recently indicated that he bought and received his new vehicle during and within the life of the warranty.
A crack developed on the windscreen when the car had done a mere 10 000km, when the warranty was for 60 000km..
He met all the conditions as stipulated in the warranty. It was his belief and understanding, in spite of the clause in the agreement, that the cause of the crack of the windscreen was due to the manufacturer’s poor workmanship.
The clause stated that the manufacturer would replace the windscreen it if it was damaged or cracked.
After the motorist had lodged his complaint, the manufacturers rejected it. He claimed that this was because it was not covered in the warranty.
He referred the motorist to the relevant clause in the warranty agreement.
The clause reads as follows: “The dealer provides the warranty for your new vehicle on terms and conditions indicated below.
“It is therefore essential that you, the owner, read and understand the terms of the warranty agreement as set out on the pages of this book.
“There are exceptions and the specific clause pertaining to the windscreen that states “shattered, scratched or chipped windscreen glass.”
We took an interest in this issue and made a follow-up to appreciate how the fittings are done and if correct procedures were followed.
Replacing the windshield is just one of the functions as the quality of the glass used and the quality of the workmanship of fitting are also important.
Then we have the beading, (a narrow strip of some material used for edging or ornamentation) and the cowling (a streamlined metal cover around the glass).
What is also important is to determine the quality of the polyurethane (a class of synthetic materials commonly used as foam for insulation and packaging) glue and the experience of the fitters.
If the windscreen is incorrectly fitted, invariably, in most cases it will crack as it operates under stress.
We also observed that the glass is normally forced to fit into the components, hence the stress. It is very possible that it will crack. Indeed, we observed that there was a difference in the measurement of the glass and the space it was supposed to occupy.
As a result, the glass is forced to fit, hence the crack.
The type of glass as specified in the vehicle recommendation, is SABS and yet the one fitted on the car was different, as it was made in Thailand.
We have not heard of any problems, as yet. with products from that country.
But the issue here is the difference in measurement of the windscreen and the actual glass, hence our belief that this is the cause of the crack.
In all probability, the issue could be taken to the lawyers for litigation. But the process and the cost are such that one does not pursue the matter further and hence our belief that most manufacturers take advantage of this challenge.
The hassle and challenges of taking the case to court is a nightmare for most people, and we do not encourage anyone to take this route.
There is a tendency among most manufacturers to subcontract other part manufacturers to make products for their vehicles.
It becomes subjective as to whether
they indeed check the quality of such products.
Furthermore, as was the case in this accident, the shoddy workmanship will manifest itself and the chances are great that the windscreen will come off under these circumstances.
In this particular incident, the driver
was driving on the Harare-Bulawayo road after Kuwadzana when he heard a spark on the windscreen, which caused a chip which later developed a small crack and eventually many splitter roots developed on the windscreen.
Usually, such incidents occur when driving behind heavy duty trucks whose double rear wheels tend to pick up stones in the gap between them.
Perhaps this issue should have been referred for redress to the Consumer Council of Zimbabwe or Standards Association of Zimbabwe.
Hopefully, the impending Consumer Protection Act will address this problem in due course.
This will protect the interests of the buyers as they interacts with the people who sell the goods and services.
Generally, most such people have terms and conditions, which are embedded at the back of the invoice or receipt.
Such clauses and conditions usually state that no refunds are accepted after purchase – or there are no refunds on electrical goods once they have been sold, or that a 10 per cent handling charge will be deducted.
All this is an attempt to limit the seller’s liability.
However, for the seller to succeed in their action, it should be demonstrated that the seller read the conditions before signing and paying for the product.
The question may be asked: In real practice, how many sellers possess that kind of attitude and patience?
The law presumes every contract of sale to be an implied warranty that the product sold is free from latent defects, which are of a nature to render it unfit for the purposes for which it is bought.
Latent or hidden defects, as the term implies, are defects which are not apparent to ordinary powers of observations.
In a case heard in the Supreme Court, where the condition of a motor vehicle was in question, it was held that a welded crankshaft was a latent defect.
Further information gathered was that the car was paid for in advance to enable the importation of parts overseas.
Thus, the warranty was only
issued together with the vehicle upon collection and only made reference to its existence and not specifically to the conditions of the warranty.
It may then be asked: Was it the intention of the seller to make reference to the buyer or was it purely perfunctory, to be seen to have accomplished that objective?
In summation, we conclude that this was a pre-sale condition, the premise being that the delivery was upon assembly and completion of the vehicle, inclusive of the windscreen and its subsequent delivery and checking by the buyer of latent defects – and its acceptance in that condition.
The warranty clearly spelt out that the conditions, as narrated herein above, were reneged upon.
We further provide general titbits on the maintenance of windscreens as this is a paramount safety measure between the driver and the vehicle.
You need to imagine what would happen if the windscreen flew off at about 100 km per hour.
What a disaster that would be!
l Do not use rough cloth or cleaning material as it will leave scratch marks on the shield
l Ensure that the water container is filled to the top, especially when you use the air constantly
l Ensure application of stoppers on cracks immediately, before the chip escalates,
l Use genuine glass certified by the Standards Associations
l Buy from reputable glass fitters for recourse, if need be.
Do not forget to lubricate your engine with oils that are traceable, which meet the SAE standards and the performance as stipulated by API.
There is need to safeguard your investment by following the manufacturers’ handbook.
l Let’s meet again next week and contact us on above numbers or through G.Mbeya at 0774215 505. PROUDLY ZIMBABWEAN.