Glass Roof Panel Shattered

[XADE]

Update on small panel, Hyundai's response was to say that glass is not covered under warranty .
My car is just over 4 months old and has cost £804 to repair so make sure you have sunroof cover on your insurance policy
Will not buy another Hyundai ?

I've just had 8 windows done for that, Jesus.

[roadster]

One thing I learned recently from the ombudsman is that warranty is only to cover manufacturing defects.
Piss poor design and component selection don't count as a manufacturing defect

The warranty may say that but the sale of Goods Act requires items to be fit for purpose. A design that uses inadequate materials or causes premature failure is certainly not fit for purpose. Another ombudsman fails to act in the interests of the consumer?

[DrElectron]

One thing I learned recently from the ombudsman is that warranty is only to cover manufacturing defects.
Piss poor design and component selection don't count as a manufacturing defect

The warranty may say that but the sale of Goods Act requires items to be fit for purpose. A design that uses inadequate materials or causes premature failure is certainly not fit for purpose. Another ombudsman fails to act in the interests of the consumer?

Undoubtedly, but they are funded by manufacturers so why would their interest lie in the consumer, or even fairness.

[PhilHornby]

The warranty may say that but the sale of Goods Act requires items to be fit for purpose. A design that uses inadequate materials or causes premature failure is certainly not fit for purpose.

Wouldn't it be the case that a refusal to put things right under 'warranty' is Breach of Contract? - than rather being covered by the Consumer Rights Act 2015 (which I believe replaced the Sale of Goods act).

But the Consumer Rights Act 2015 definitely does apply as well - and regulates the transaction between Dealer and the Consumer (so not Hyundai, or its warranty/insurance company).

Pertinent to this case and as pointed out here: What Car

If a problem is found after 30 days, but within six months of purchase, you can request a repair or a replacement vehicle. The onus is on the seller of the car to prove the fault wasn’t present when the car was sold; if they can, and you’re likely to have known about it, you won’t get a refund.

You would think that if the dealer is in receipt of a 'letter before action', they might suddenly become your ally, in the dispute with Hyundai...

A report from an 'expert', stating there is no sign of an impact from a foreign body would be a very useful thing to have in your possession...

Illegitimi non carborundum

[Big S]

Yes it would be "Breach of Contract if a dealer won't fix your car under warranty, but Glass is not covered under warranty. I have not heard of any manufacturer who will cover glass under warranty. If it was the mechanical part of the panoramic roof then they would be liable to fix it. Its going to be extremely difficult for an owner to prove, after the glass has shattered or has a crack similar to what is seen in photos on here that something, at some time or other had not hit it. Unfortunately Hyundai has decided to fit a small glass panel in front of their Pano roof, for reasons only known to them and in some cases it is failing, but its going to be a nightmare to prove why yours has failed. The dealer and Hyundai will fight tooth and nail against you because if you win you are going to open up a right old can of worms for them.
The consumer rights act 2015 gives you the right to a full refund within the first 30 days of buying a product that proves to be faulty. How are you going to prove that any glass on your car was so say faulty. If you had found it damaged in any shape or form you would have rejected the car at point of sale. The law states it has to be of satisfactory quality fit for purpose as described, so it must not be faulty or broken when you purchased it, which in the case of glass it wasn't. After 30 days and up till 6 months you are entitled to a repair or refund, but the seller has to prove the fault wasn't there when they sold it to you, which in the case of a glass pane in wasn't. After 6 months its up to you to prove it was there at the point of sale. Again glass is a massive grey area so unless you want to get involved in long drawn out court case and all the stress that would put on you not to mention time and money, then make sure you have Panoramic roof cover from your insurance provider. If it says sunroof in the policy question as to whether it actually covers what is fitted to your car, because they may use it as a get out clause if you need to claim for broken glass. If you can get it in writing, but I expect that will prove difficult with any insurer.
If your pano roof glass fails for whatever reason don't bother with Hyundai because clearly you are not going to get help under warranty and this will just get you very annoyed. Get straight onto your insurer as you would with any other broken glass pane, if you have the right cover then happy days, if not then I am afraid you are going to have to pay. When there is a "glass gate" case over here, similar to the one against Hyundai in the USA you can sign up to that and hopefully get some compo.!!!

[PhilHornby]

but Glass is not covered under warranty....
...The dealer and Hyundai will fight tooth and nail against you because if you win you are going to open up a right old can of worms for them.

Accepted that Hyundai exclude "Breakage or scratching of glass"... but they might exercise discretion, if being pressured by a Dealer as well as a customer. If the manufacturer's warranty is worthless, then the retailer is the one to seek redress from.

How are you going to prove that any glass on your car was so say faulty.

Within the first six months (as in the case of the most recent complainant @RATTY600), you don't have to - the retailer has to prove it wasn't.

After 30 days and up till 6 months you are entitled to a repair or refund, but the seller has to prove the fault wasn't there when they sold it to you, which in the case of a glass pane in wasn't.

The glass pane may have not been broken, but the manufacturing defect that caused it to break might have been. I'm thinking specifically of body-flexing issues, lack of room for thermal expansion etc. But you really need to be in possession of an expert opinion that says there's no sign of external (eg stone chip) factors.

When I took on (and beat) Warranty Holdings two decades ago, they said "this car has been run without oil - we're not paying". My independent expert said "there is no sign of the characteristic 'blueing' associated with running with no oil". They capitulated at the "letter before action stage".

[Big S]

I have considered thermal expansion being an issue or body flexing perhaps from hitting potholes on our well cared for roads. If either of these were causing the issue surely we would have seen a lot more cases on here or in the media.
Don't get me wrong I am not on the side of Hyundai or the dealers I was just saying its easier to have the insurance cover for a pano roof in place.