Cracked Rear Alloy

[Louisa]

Hello, has anyone had any problems with cracked alloys on an IS 220d. My rear alloy has a hairline crack and local garage has said it is a defect. The dealership has said they don't think it will be covered by warranty as Lexus have no issues with cracked alloys and are wanting £400 for a new one.

I've never knocked the wheel, and apart from the crack in the spoke it is in good nick.

Thanks for any feedback.

[Lance]

If your dealership is unwilling to assist you in this matter I would urge you to call Lexus GB Customer Service and see if they can assist you. If the crack has appeared and there is no apparent impact damage then you would be entitled to a replacement as it is a defect. Just because there has been no other instances of this happening is not sufficient grounds for dismissing a warranty claim.

[sprinter2012]

Having been through similar issues with sellers claiming there is nothing wrong with a product, or telling me it's my fault because it hasn't happened before, I looked up the Sale of Goods Act.

In which there is a section on 'The Burden of Proof'

To cut a long story short, it states that it is not the customers responsibility to prove that there is an issue/defect, but rather that it is down to the seller/retailer to prove that there is not.

[Rory]

Burden of proof comes with time limits, how long have you had the car, and did you buy it from Lexus or elsewhere, either way be persistent

[The Editor]

Actually - if you are claiming under the Sales of Goods act 1979 (as amended) you have six years from the date of purchase that the vendor has an obligation under law to sort the problem out.

This would be the dealer in your case if the vehicle wa out of warraty and not Lexus UK. Unless you specifically purchased your vehicle from Lexus UK (and the bill of sale/invoice reflects that) then your contract is with the seller and not the manufacturer. Different rules apply for goods under warranty and if your vehicle is under three years old I would suggest this WOULD be a manufacturers claim under the warranty.

If all reasonable means fail then I suggest a writ issued via small claims court by joint service upon Managing Director of the dealership and Jon Williams who I believe is now the MD of Lexus/Toyata UK.

It shouldn't come to that but be prepared to push - there is no way an alloy should just crack under normal wear and tear within a 3 year period unless it had sustained physical damage which would be obvious.

Hope you get it sorted.

The Ed

[Louisa]

Thank you all very much. I got the car from Lexus Newcastle, and am back at Lexus Carlisle tomorrow. The car is at the end of its 3 year warranty 30th April so is still covered.

Will see how I get on tomorrow.

The dealership have agreed the wheel shouldn't have cracked like it has, and it will be covered under warranty, so great.