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Another case won by our cooperation partner Mr. JOSÉ FRANCISCO ALCALDE CALVO
 
 

Ford obliged to replace a Ford Focus with a new one

 

The company I… bought a Ford Focus car model SPORT 20 DSL 13 and contracted an FORD PROTEC additional guarantee. Inside the guarantee period the car gave motor and air-conditioning troubles, for what the owner took the car to the J…R… dealer/garage a lot of times. Owing to this situation, the customer asked for new one what was refused by the main company (Ford) and the dealer/garage, even having a plus in the guarantee.

The sentence considers that, after this several breakdowns, the car is not able to carry out his function: “Considering that what was acquired is a new and high end car, it´s without question that the working defect of the air-conditioning from a manufacturing defect lead, in the actual time of technological advances in where we are, to a incompetence object, when it wasn´t repaired< (A air-conditioning system Integral substitution) inside the guarantee period.

The sentence, also, says right to the owner, regarding to be included the car substitution inside the FORD PROTECT guarantee agreement, and so it says “It´s without question that, if FORD ESPAÑA, S.L. guarantee the free reparation of any mechanical element of a motor vehicle acquired, also guarantee the substitution by incompetence of the object when is owed origin or manufacturing causer. And in the present case it´s without question that, the air-conditioning defect it´s from manufacturing or by a wrong design.

As this sentence as the sentence passed by the Court of First Instance oblige to FORD and his dealer, in solidarity, to replace the car for a new one with same features and with all costs paid.

The sentence, the first one in Spain of this characteristics, open the door to dissatisfied FORD costumer´s with their cars by manufacturing defects o by not have been correctly attended in their claims.

The owner express his disagreement by the care received by FORD; He insist in that FORD “…is not a serious or solvent company, because they don´t take an interest in their product when it is sold, even in the case having agreed a guarantee plus. The serious companies take care of their brand or commercial name, being no important replace a defective good with a new one, even though what actually is at stake is his brand, what is worth (or should be worth) much more than a simple car. Since the beginning the FOCUS had many problems; we took out from the fitted carpet in glasses. After had motor defects; We take the car to the garage seven times”