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#1 (permalink) Old 03-23-2011, 04:41 PM
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Hi

I booked my 2010 cee'd 3 diesel in for it's 1st service today at Rayrigg Kia in Morecambe. On my service book it says the 1st service is due at either 12 months or 20000 miles - whichever is sooner. Yet the woman on the service desk said the 1st service is due at 12 months or 12500 miles and as my mileage is currently at about 13500 miles she said I was late for my service.

Is this correct? I'm a bit concerned now that there may be a problem if I want to claim on the warranty in the future and Kia turn round and say that I haven't had the car maintained properly.

Cheers.

Michael
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#2 (permalink) Old 03-23-2011, 04:48 PM
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No she's wrong, they changed the service intervals for 2010 and newer diesels to 20,000m.

If you go to the Kia website, then owners tab, then aftersales and there's a excel sheet with all the service intervals.
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#3 (permalink) Old 03-23-2011, 04:53 PM
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The above is correct.

What's really annoying is I have two new Kia's. Both with the same U2 1.6 CRDi engine and one has 12,500 service intervals and the other 20,000. So our Soul is going to cost considerably more to maintain. (And it has 2 years less warranty )

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#4 (permalink) Old 03-23-2011, 04:59 PM
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KIA upped the oil spec for the 2010 diesels (from B4 to C3) in preparation for the DPF and for the increased service interval.

Last edited by deeps; 03-23-2011 at 05:02 PM.
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#5 (permalink) Old 03-23-2011, 06:29 PM
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But even with the higher mileage I assume the 12 month rule still applies? So unless you are doing high mileages the ongoing costs will be the same as its still every 12 months.

Like many service reception people they get carried away with their own importance. Even if the service was 12 months or 12,500 miles we all know the extra 1,000 miles to 13,500 would make no difference at all, so why should it automatically invalidate the warranty?

In the UK where there is a a huge surge of car sales around March each year because of the way the registration letters change, the dealers cannot cope with all the cars requiring service at the same time anyway and as customers we are doing them a favour by being flexible, see what they say about that when you go back and explain to her she got it wrong anyway.

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#6 (permalink) Old 03-23-2011, 08:15 PM
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Thanks people

I'll let her know she needs to get her info updated!
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#7 (permalink) Old 03-24-2011, 03:56 AM
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A very helpful topic indeed, I was hoping that the petrol would be 20,000 but no its 12 months / 12,500 miles Still, no different to my focus really so no disappointment :P
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#8 (permalink) Old 03-27-2011, 07:12 PM
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I have NEVER known a real example of someone having a warranty issue from a manufacturer (not some dodgy second hand warranty) for a reasonable problem with the service history. The reason is that the service history is NOT legally a reason not to honour the warranty they have to prove that the failure to follow the approved service history caused the failure.

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#9 (permalink) Old 03-28-2011, 04:50 AM
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Quote:
Originally Posted by Spencernj View Post
I have NEVER known a real example of someone having a warranty issue from a manufacturer (not some dodgy second hand warranty) for a reasonable problem with the service history. The reason is that the service history is NOT legally a reason not to honour the warranty they have to prove that the failure to follow the approved service history caused the failure.
In real life, do THEY have to prove that the fault was caused by not following the service schedule or do YOU have to prove that it wasn't? I suspect the latter.
I doubt any garage will see your broken engine and out of date warranty and say "No problem, we'll perform an engine teardown to see whose fault it is."
I'm fairly sure they'll just say that the warranty has been invalidated as per terms and conditions and if you want to fight it you get an independent expert assessment and try the small claims court.

Can you explain why the service history would NOT be a legal reason to refuse warranty, as I think you state above?
If an unserviced car had an engine I really wouldn't think it reasonable to expect the warranty to be honoured, on the engine at least. Paintwork / seats etc yes, but not something which had been "neglected" by failure to follow the published and documented service schedule.

Surely it's down to good will of the dealer / manufacturer (they want you to buy more cars from them in future) rather than a legal responsibility to honour an invalidated warranty?
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#10 (permalink) Old 03-28-2011, 05:33 PM
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Firstly. It's a simple point of UK Contract law. They have provided a warranty contract that they wish to caveat by a contract term. If you sued for breach of contract they would have to prove that the clause term applies and is relevant. You cannot simply apply a term and then expect a blanket "get out of jail". For instance you as a manufacturer would fail under UK law to void a warranty claimed due to a suspension fault if the engine oil had not been changed ever. Even if the engine failed and the service had not been done the manufacturer by law would have to prove, if taken to court, that the failure is directly due to the lack of service, otherwise they would be liable.

Secondly. Under UK law, or in any Common Law jurisdiction, the court applies a test known as the Reasonable Person. That is no matter what is actually written in a contract they will consider what a Reasonable Person would do. So if the contract says change the oil after 20,000 miles and you do it after 22,000 they will consider if this is reasonable. Which it is!

Thirdly, civil law does not generally provide for black and white decisions so if a new engine needing 4k replacement was needed but you had missed a service that had directly contributed to the failure then you would by law still be entitled to the proportion of the cost of the that was not due to servicing issues.

Fourthly, there is a 1999 consumer act that prevents "Unfair Contract Clauses". Clauses that simply void a warranty based on a condition, without proving the relevance of the condition have been ruled as unfair. For example if I we signed a contract that said I would buy your house but in the small print said you had to have a turnip in your pocket, and I failed to buy the house because you did not have a turnip, you could sue me and would win unless I could prove the turnip clause was relevant to the deal.

Finally the EU for those in it made a lot of the traditional conditions in Car warranties illegal as from 2003 and this has been slowly filtering into UK law. This includes the condition that cars must be serviced by a main agent. Stipulating this is now illegal.

So while this all seems a lot of legal issues that require you to go to
Court, warranty providers know this and hence do not void warranties for all but very serious infractions (typically only write-off accidents excl Cat D). So you do not have to go to court and they fix your car.

As I said I do not know any first hand examples of a manufacturer warranty being voided due to servicing issues.

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