This is a post I have been meaning to write up for quite while now and I must apologise to the gentleman who took the time to provide the information for the delay in publication.
Before I go into the details I should state that I am merely relaying anecdotal evidence provided to me. This post does not constitute legal advice and I will not be able to provide any further information beyond what is written here. However, the details outlined below helped one F430 owner reduce a £9,000 bill to replace both manifolds to less than 10% of that figure.
It is well known and documented that Ferrari F430 manifolds are prone to failure. This fact is even recognised by many franchised dealers who do try and obtain a contribution from Ferrari to replace manifolds out of warranty, with varying success. Ferrari even produced an update to the manifolds during the production run but even these stronger “Mk2” headers can fail.
The exhaust manifolds are covered by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. The two Acts have three central pillars:
- Goods should be as described
- They should be fit for purpose
- They should be of satisfactory quality as to be durable
Note that the key word in the last point is “Durable”. Many F430’s have had their manifolds changed at least once under warranty, often after low mileages. If the manifolds fail again, out of warranty, then there is a strong argument that they are not durable.
If this argument is presented to Ferrari they will often offer a “goodwill” contribution of up to 50%. However, this does not go far enough. The aforementioned Acts allow the consumer six years (five in Scotland) to make a claim. Any warranty offered is in addition, not instead of, that provided by the Acts. It can be argued that the manifolds are either a) not fit for purpose or b) not durable for the application. Either way the consumer is entitled in law to have them replaced free of charge.
It may be that court action needs to be threatened and/or instigated but owners should not always assume that they have to pay if their manifolds fail outside of warranty.
There is also one final point to make. If the replacement manifolds have already been purchased, in all or part, using credit (usually in the form of a credit card) then there is possible redress under Section 75 of the Consumer Credit Act 1974 if these replacements then fail. This Act makes the finance provider jointly and severally liable for any breach of contract for the supply of goods and a claim can be made directly to them.
It should be noted that taking any of the stances above can be stressful and require perseverance so you might have to grit your teeth and prepare yourself for a difficult time. It should also be noted that if there is an offer to reduce the cost significantly then it may be better to accept the offer than enter into long and drawn out legal action.
Other posts in this category: Engine and Drivetrain
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