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Old 01-16-2013, 05:58 AM   #11 (permalink)
one day
 
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Default Re: RPW Wins legal action! ( omg our legal system sucks )

The Competition and Consumer Act 2010 makes my head spin!

Lawyer is booked for Monday arvo and due to some connections of mine, it is at a very reduced cost!

The media time is a great idea, I have some people I know that work at channel 7/gwn/prime group. They should be able to get some traction with media.

Glen
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Old 01-16-2013, 02:20 PM   #12 (permalink)
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Default Re: RPW Wins legal action! ( omg our legal system sucks )

Sucks that you did not get the sump or pics of it or something
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Old 01-16-2013, 04:27 PM   #13 (permalink)
Just lucky I guess.
 
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Default Re: RPW Wins legal action! ( omg our legal system sucks )

Quote:
Originally Posted by MichaelMR2 View Post
Sucks that you did not get the sump or pics of it or something
Michael, if I'm reading Glen right the supposedly repaired sump is on the car. From repairing my own I'm sure close inspection inside and out will show if the sump was straightened.
The oil pick up screen is hard to make like new again. If the sump pushed on it enough to reduce oil available to the oil pump it will have a reasonably large kink in it. Unless RPW put a new pick up on, I reckon all the evidence Glen needs is right there in his sump.
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Old 01-16-2013, 04:34 PM   #14 (permalink)
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Default Re: RPW Wins legal action! ( omg our legal system sucks )

if it is... get under there and take pics!!!

drain the oil and get that sump off! hop to it.
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Old 01-16-2013, 05:21 PM   #15 (permalink)
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Default Re: RPW Wins legal action! ( omg our legal system sucks )

Well, the oil pickup has no marks on it. I supplied a new one as I didn't want to reuse the old one with metal through the motor.

RPW has informed me that the sump was not bad enough to hit the oil pickup, but the dent could still have restricted oil flow enough to kill the motor.

I have checked this morning, and due to the car being soo low, my floor jack doesn't even reach the sump!!!

I've had a dented oil pan before in the vr4, left it for about a year before I repaired it and that was fine. That was soo bad that it left a inprint of the oil pickup on the sump !!

Glen
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Old 01-16-2013, 06:17 PM   #16 (permalink)
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Default Re: RPW Wins legal action! ( omg our legal system sucks )

Sorry to hear that Glen. Keep pushing it.
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Old 01-16-2013, 07:50 PM   #17 (permalink)
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Default Re: RPW Wins legal action! ( omg our legal system sucks )

The ACCC has a hotline that may be of help.

Quote:
Originally Posted by Jazz9 View Post
The Competition and Consumer Act 2010 makes my head spin!

Lawyer is booked for Monday arvo and due to some connections of mine, it is at a very reduced cost!

The media time is a great idea, I have some people I know that work at channel 7/gwn/prime group. They should be able to get some traction with media.

Glen
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Old 01-16-2013, 07:57 PM   #18 (permalink)
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Default Re: RPW Wins legal action! ( omg our legal system sucks )

And dont forget the most important thing when you go back in the courtroom: Judges do not have a clue about anything automotive. We know why you deserve compensation based on what went wrong. Any of the engine facts are irrelevant. The judge only knows your car was broken and the shop failed to repair it correctly, and charged you for warranty service.

Go get 'em!

-SP
(Winner in US legal system after learning how to play the game!!)
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Old 01-20-2013, 05:42 PM   #19 (permalink)
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Default Re: RPW Wins legal action! ( omg our legal system sucks )

96 Mitsubishi GTO Engine RPW Built | eBay

wonder who this was
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Old 01-21-2013, 06:30 PM   #20 (permalink)
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Default Re: RPW Wins legal action! ( omg our legal system sucks )

David, the following is an extract from Shedule 2 of the Australian Consumer Law. It looks like the guarantee for express warranties (section 59) that I was thinking of only applies to the supply of goods. The guarantees in the Law in relation to the supply of services are in the remainder of the extract below. I’ll check on this.
Hope this helps anyway.




59 Guarantee as to express warranties
(1) If:
(a) a person supplies, in trade or commerce, goods to a consumer; and
(b) the supply does not occur by way of sale by auction;
there is a guarantee that the manufacturer of the goods will comply with any express warranty given or made by the manufacturer in relation to the goods.
(2) If:
(a) a person supplies, in trade or commerce, goods to a consumer; and
(b) the supply does not occur by way of sale by auction;
there is a guarantee that the supplier will comply with any express warranty given or made by the supplier in relation to the goods.
Subdivision B -- Guarantees relating to the supply of services
60 Guarantee as to due care and skill
If a person supplies, in trade or commerce, services to a consumer, there is a guarantee that the services will be rendered with due care and skill.
61 Guarantees as to fitness for a particular purpose etc.
(1) If:
(a) a person (the supplier ) supplies, in trade or commerce, services to a consumer; and
(b) the consumer, expressly or by implication, makes known to the supplier any particular purpose for which the services are being acquired by the consumer;
there is a guarantee that the services, and any product resulting from the services, will be reasonably fit for that purpose.
(2) If:
(a) a person (the supplier ) supplies, in trade or commerce, services to a consumer; and
(b) the consumer makes known, expressly or by implication, to:
(i) the supplier; or
(ii) a person by whom any prior negotiations or arrangements in relation to the acquisition of the services were conducted or made;
the result that the consumer wishes the services to achieve;
there is a guarantee that the services, and any product resulting from the services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve that result.
(3) This section does not apply if the circumstances show that the consumer did not rely on, or that it was unreasonable for the consumer to rely on, the skill or judgment of the supplier.
(4) This section does not apply to a supply of services of a professional nature by a qualified architect or engineer.
62 Guarantee as to reasonable time for supply
If:
(a) a person (the supplier ) supplies, in trade or commerce, services to a consumer; and
(b) the time within which the services are to be supplied:
(i) is not fixed by the contract for the supply of the services; or
(ii) is not to be determined in a manner agreed to by the consumer and supplier;
there is a guarantee that the services will be supplied within a reasonable time.
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