How can a caravan manufacturer be made to fix a brand new van under warranty?

We bought a $74,000 new van and it has serious faults: leaking roof, broken bed base,dangerous door that opens when travelling from Majestic Caravans. We can’t ring them and they won’t answer emails . My van was dropped at a repairers for 7 weeks and not once did Majestic contact them or approve the warranty quote so we had to bring it home untouched. How to get a manufacturer to honour the warranty? Whats the next step ?

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The caravan industry is a focus of ACCC action in recent times and Choice has a number of reports for free on the site.

The following may help.

If you can get some contact with the caravan maker / supplier, remind them of their obligations under the consumer law,

Report it to the ACCC.

Of interest to me, it seems that Majestic do not offer any warranty on their vans. They outsource that to an extended warranty company called Integrity Warranty so perhaps you need to be dealing with them for repairs.

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Already reported to ACCC and the Letter of Demand has been sent to both retailer and supplier they both won’t respond or answer my emails. (thanks for info though)

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Well maybe good old-fashioned registered mail, or pester them with phone calls to their 1300 number, or pay a visit and have a discussion.

For the price of the van it would be well worth instituting formal legal action through your state *CAT or magistrates court to enforce your statutory rights.

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If you search the community using “caravan” as the search term there are others going back a number of years with related stories and concerns. Tap or click the magnifying glass symbol near the top right of the Community web page.

EG

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Majestic advertise,

Majestic Caravans are exclusive to our factory outlets. Our customers receive the best service, information and price dealing direct with our factory owned and operated outlets.
https://majesticcaravans.com.au/

This suggests there is only one business involved.
The defects/faults you describe are concerning. Subject to the extent of the roof leak some might ask if this is a major defect considering the damage it could be causing to the structure and linings of the van?

@Gregr suggestion that warranty is an out sourced responsibility of a third party is a concerning observation. It gives an impression Majestic as the seller is trying to evade it’s direct responsibilities prescribed by ACL. Are you able to clarify whether this is how you have been directed?

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Do you live near the retailer who you bought the caravan from? If you do, it might be worth confronting them. When I say confronting, I mean visit them, outline without emotion what your problems are and how you want to move forward to get them resolved. It is worth noting that the retailer is ultimately responsible for products they sell, including resolutions under the Australian Consumer Law. It is a consumer that can chose if they go to a retailer or manufacturer - not the retailer.

If they are unwilling to move forward with an acceptable resolution, you have a number of choices:

  • make a claim through the Office of Fair Trading and associated tribunals. Check to see if they have ceilings or limits on claims and that your claim is below these limits.
  • go to the media such as ACA, ABC etc. They often like stories where businesses fail to meet their statutory obligations.
  • Seek legal advice on other options available to you.

I would mention in a polite way when confronting the retailer that approaching the media is an option you plan to persue should a acceptable resolution not be achieved. This is hopefully enough to push them to act as national negative publicity has the potential to significantly impact on a business.

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We were told any warranty work was to go through Apollo (the retailer) which we have done but they say its not their resposnbility and to go through Majestic who can’t be contacted via phone only emails which don’t get answered. the warranty document from Majestic states:
If a defect covered by this warranty appears the supllier will, either repair or replace the item without charge for parts and labour incurred OR cause the item to be repaired or replaced by an authorised dealership without charge .
The outsourced warranty refers to the extended warranty after the 3 years manufacturer warranty expires, they have no record of our van.

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I followed up with the outsourcing with Integrity Warranty apperantly they only take extended warranties after the manufactures 3 years time has expired .

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Back to basics. From who did you buy the caravan?

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Is there any possibility Apollo RV Sales (assume that is the retailer) has sold the van through a consignment purchase? It may pay to read carefully your copy of the purchase agreement provided by Apollo. The details of the seller and related wording is important to clarify how the sale has been transacted.

Note that Apollo RV Sales operate in NSW, Vic, SA and QLD. Each state has slightly different laws relating to caravan sales and legal options for seeking support. It will be useful to indicate which Apollo outlet you purchased through. It will assist others in the community to review your circumstance and possibly add to the feedback provided previously.

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The contract states: Coromol Caravan OEM Warranty
built by Majestic
Company Name: Dealership Apollo Motorhome Holidays Pty Ltd
NameL Apollo RV Sales Adelaide
License MMD 276887

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I can’t see any mention of a consignment purchase, we bought from the SA Apollo Prospect outlet and they said they Thrillseeker is now made by Majestic whereby originally, Coromel was with Apollo .

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Your dealings should be only with Apollo RV sales, from whom you bought the van.

If they are giving you the brush-off and telling you to go to the manufacturer then they are acting unlawfully.

Under the ACL it is clear that the seller is responsible for addressing problems.

I also assume that the van was bought new, and you are the first and only owner, as the warranty provided by the manufacturer for three years is void for second-hand vans.

How Apollo deal with the supplier, or the manufacturer, is their problem, not yours.

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I think you are talking about Coromal, with an “al”.
Is the following correct?

Thrill Seeker is one of their models.
Thrill Seeker Series

What ever you have been told, as @Gregr has just indicated, the retailer per ACL is responsible for ensuring your van is repaired, replaced or refunded.

Who physically manufactured the van is open to discuss further. The manufacturers name will be on the vehicle plate aka compliance plate for the van.
EG Caravan Compliance Plates - Motorhomes - Compliance Plates Australia

That business may well be Coromal. It is their design and branding. Who they sub-contract the physical construction to whether it is Majestic or Apollo or other, that business may have no obligation to you the owner. Is Majestic listed anywhere on the purchase document?

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Further details of what Coromal say about the warranty for caravans of their brand, sold through Apollo and built by Majestic. Note well Apollo owns the Coromal brand. Note in the following Coromal refer to Majestic as a builder and not as a manufacturer.
Coromal Caravans Australia | Aftersales & Warranty

Coromal only provide a web messaging link to initiate contact re warranty. @julie.dickenson is this the contact you have been following? Note the co-branding with Apollo on the After Sales web page.

These undertakings indicate Apollo/Coromal accept responsibility for the new caravan 3 year warranty period.

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Thanks for heads up regarding typo ,I can’t see an edit button to change it Apologies: I never even saw it.
This information is on the Manufacturer’s Warranty and Support Terms document.
Coromal Caravan OEM Warranty
Built by Majestic
Majestic warrants that any items of the Caravan that are Majestic Caravans manufacture, to its knowledge, will be free from defects .All Majestic manufactured Coromal Caravans carry a 3 year structural factory warranty applicable only to the original purchaser
Thanks for your research , not one of my strengths .

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Thanks so much for this link, I had not used before it but I have sent 3 different emails to various Apollo email addresses and not one has responded. I opened the link and completed the warranty form so hoping someone will get back to me. I am afraid I am not good at on line research but I sincerely am grateful for yours.

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It may well be. Note that your purchase agreement is not with Majestic. It’s with Apollo and Coromal.

If you refer back to the link provide previously by @Gregr.

On the first page the ACCC points out,

Consumer guarantee rights when buying a new caravan

Under Australian law, products and services that consumers buy come with automatic guarantees that they will work and do what they’re supposed to do. These are called the consumer guarantee rights. These rights apply to caravans and other recreational vehicles, such as camper trailers and campervans. They are separate to any manufacturer’s warranty.
If a caravan fails to meet one or more of the consumer guarantees, consumers can ask the business they bought the caravan from – the supplier – for a remedy.

The supplier is legally responsible for the remedy. Apollo is the business you purchased the caravan from.

Hopefully Apollo will respond and agree expediently to rectify the faults. It is up to Apollo to arrange the repairs in a reasonable period of time. They may get Majestic to do so. That is a matter for Apollo and Majestic to sort out. Your involvement should require little more than returning your van to Apollo at the place of it’s purchase/service centre. Some might suggest Apollo should collect the van at their expense from your place if it is not nearby or convenient in distance.

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Thanks to everyone above for their interest, Apollo rang me after receiving the Letter Of Demand and Majestic emailed me and both companies have said they won’t fix ALL of the 10 faults as they will only fund the repair for the leaking roof. Apollo say there is nothing they can do .The total repairs for all 10 faults is only $3200.00 which is a minimal amount for Majestic. In the meantime, we can’t use the van as the door won’t lock and the bed base is broken. Does anyone know of a lawyer who works in this area? Are there any contacts I can access to expose these negligent companies on televison or on specific media sites that you know of that will help us ? Thank You

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