Originally Posted by
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After conversations with ACCC about this issue, this is what has been relayed to me:
Statutory warranties are NOT manufacturers warranties. In fact, there is NO specified "time limit" on statutory warranties - from my understanding, the law of reasonableness applies. So the 1, 2, 3 etc year manufacturers warranty is not necessarily "statutory" (which explains a whole lot if anyone has owned a Mercedes Benz or an Aprilia recently).
As far as "Express" or "Mechanical Protection Plan" go, quite simply, that is a personal contract between you and the dealer, and the dealer is entitled to put whatever conditions they like into the contract- as long as it does not contravene the statutory conditions. But that does not necessarily mean that you can take your car and have it serviced by anyone for the first 3 years just because there is a manufacturers 3 year warranty, because that may not necessarily be considered statutory warranty requirements. So failing to abide by the conditions of the contract between yourself and the dealer with the Express or Mechanical Protection Plan, you may be hard pressed to argue if you did not abide by their conditions of having the car serviced exclusively by them.
Fortunately or unfortunately, the laws around statutory warranties are not quite as prescriptive as I assumed.
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