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Discussion Starter #1 (Edited)
Just a thought:

I know we're all anxious to get some sort of 'official' statement from BMW concerning various of the quality issues surrounding the new MINI. They, I'm sure, are wary of making such a statement in view of the publicity it would attract. But I am just wondering if there might be a down-side for us as well.

Under the Sale of Goods Act 1979, which is the legislation which 'implies' into our contracts with BMW that the car must be of "satisfactory quality", there is a proviso which states that this protection does not extend to any matter "which is specifically drawn to the buyer’s attention before the contract is made". Therefore, technically, if BMW make an official statement and reiterate it to a customer prior to their signing the contract, could BMW then claim that the customer would not be entitled to claim damages or reject the car even if a remedy for the fault is never found?

I am just wondering whether, in view of that, anyone who discusses a known fault with a dealer prior to purchasing should put in writing to their dealer that they are not 'accepting' the car with that potential fault and that they are reserving their rights with regard to remedies for that fault.

I'm sure that BMW would not rely upon this technicality to escape liability, given that that would simply worsen a PR nightmare, but it's a point nonetheless.
 

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Good point, although with many things in life I suspect it's a case of 'damned if you do and damned if you don't'?

I cited various people experiences on this site when I asked my dealers to look at the drift and a painful drivers seat. Had I not had those cases to back up my argument, my own case might not have received the attention it did.

Personally, I doubt that BMW will ever release an official statement as to the niggles discovered so far as none of them IMHO are dangerous and one man's 'niggle' is another man's 'quirk'. In that respect I feel safe in quoting the complaints on this site and would consider rejecting the car if BMW were unable to fix a recurrent problem, but if they manage to fix these niggles and enable me to drive what I beleive is the best car for the money on the roads, then that's fine by me..:)
 

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Paul_Mullett said:
I have been promised an official statement to publish on this site... when it will arrive remains to be seen.
I wonder if they're waiting for us to shut up and go quietly?..;)

Fat chance..;)
 
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