Water ingress and Warranty

[welease woger]

Re: 2017 E220d convertible

I’ve had an issue with ‘boot open’ on the dash display despite the boot being firmly closed. This in turn sets off the alarm when parked. Worst of all the issue is intermittent. The car has Mercedes used car warranty but will expire on 14th February.
Took the car to my local MB main dealer who report water ingress into the boot well and not covered under the warranty. I believe that’s unreasonable but my view is subjective. The boot seals are OK but the dealer suggests there may be a problem with the rear light seals. Investigation will be expensive. The warranty book does exclude water ingress and seals. Whether there’s an issue with wiring or a sensor not caused by water ingress is a possibility which wasn’t addressed.
The warranty handbook was posted and received three days after I took delivery of the car. Accordingly the terms of the warrant are covered by The Unfair Terms in Consumer Contracts Regulations 1999, specifically section 5 (1) & (2) and schedule 2 (i).
However playing devil’s advocate an unfair term does not necessarily mean it’s not enforceable.
Am I p***ing in the wind!

 

[Wighty]

Regardless of the water ingress , the boot open thingy is faulty ? Not sure how they weasel out of that

 

[malcolm E53 AMG]

I think you are right MB have got you over a barrel with this, as most of the cost to rectify will be labour I’d find a good Independent specialist and let them sort it unless you’re the hands on type but it’s easy to do more damage than good with retractable power hoods if you’re not

 

[Timeandleisure]

Nothing ventured, nothing gained... what do you have to lose?

Unless they are saying that the quality that the car is built to is only 3 years???? Then, I would expect them to produce their risk analysis of this failure too as evidence that it is not a manufacturing fault...

 

[welease woger]

Re: 2017 e220d cabriolet
I have an issue with a warranty that does not cover water ingress. I propose challenging that exclusion.
Has any other Merc owner had this fault or aware if it's a common problem specifically in the boot. (Not the roof)
Thanks

 

[peterws1957]

Perhaps using the search function on MB forums with "water ingress" will answer your question. Certainly a common problem with the R230 and there must be others. Rubber seals fail through wear and tear and as such must be regarded as a maintenance item. If there is a specific exclusion under the terms of the warranty regarding damage caused by water ingress, I doubt that you have a case, but good luck anyway. No harm in trying.

 

[SL63 Mark]

Rubber seals need treating regularly to retain their effectiveness. Is there water in the boot Wodger ?

 

[Wighty]

Rubber seals need treating regularly to retain their effectiveness. Is there water in the boot Wodger ?

Surely you mean the “wubber” seals buddy

 

[mattkh]

Re: 2017 e220d cabriolet
I have an issue with a warranty that does not cover water ingress. I propose challenging that exclusion.

The exclusion exists for the very reason that boot seals are a serviceable item.
Are you saying that the exclusion should mention a time scale, i.e. only covered in the first year, 25% in the second, 50% in the third etc.

 

[star]

The sills fill full of water, if it’s bad you can hear water sloshing. Not sure if it would get into boot but would definitely make things damp. On a ramp you can see several drains/bungs by edge of sill cover that need a poke to let water out. Give that a go.

 

[welease woger]

Perhaps using the search function on MB forums with "water ingress" will answer your question. Certainly a common problem with the R230 and there must be others. Rubber seals fail through wear and tear and as such must be regarded as a maintenance item. If there is a specific exclusion under the terms of the warranty regarding damage caused by water ingress, I doubt that you have a case, but good luck anyway. No harm in trying.

Thanks.
I see from one of his posts that rf065 was able to claim for water ingress under warranty albeit a different cause.
Yes, water ingress is an exclusion but under the terms of the Consumer Rights Act 2015 as interpreted in detail by The Competition and Marketing Authority
(all 141 pages of it which I've read!) the exclusion could be deemed as unfair for numerous reasons. However that could only be decided in court.
I emailed a claim to MB Warranty Services just within the 12 month time limit and await their response.



Report

rf065​

 

[peterws1957]

Thanks.
I see from one of his posts that rf065 was able to claim for water ingress under warranty albeit a different cause.
Yes, water ingress is an exclusion but under the terms of the Consumer Rights Act 2015 as interpreted in detail by The Competition and Marketing Authority
(all 141 pages of it which I've read!) the exclusion could be deemed as unfair for numerous reasons. However that could only be decided in court.
I emailed a claim to MB Warranty Services just within the 12 month time limit and await their response.



Report

rf065​

Yes I'm all for throwing the CRA at companies who fail to understand or choose to ignore their responsibilities under this legislation. Hope you have some success. Please let us know the outcome as it may help others in the same situation.

 

[welease woger]

I certainly will update and if I don't get a response from MB Warranty services or the supplying dealer I'll have the fault fixed and seek recovery from one of them.
I'm usually fairly good with civil law but on this occasion I appear to have two contracts - one with the dealer and one with MB Warranty. I'll take advice on who to claim against.

 

[welease woger]

Any thoughts on who my contract is with - the supplying dealer, MB Warranty Services or both?

 

[mattkh]

Any thoughts on who my contract is with - the supplying dealer, MB Warranty Services or both?

I would imagine it is with the name on the document you signed.

 

[peterws1957]

Any thoughts on who my contract is with - the supplying dealer, MB Warranty Services or both?

Surely you have 2 contracts. One with the MB dealer for the purchase of the car and thus their liability under any consumer legislation. Second one with MB Warranty Services.