Man loses bid for refund after $87,000 Maserati breaks down within year of purchase

Saturday, 19 January 2019

A man whose new Maserati broke down, costing him 'many thousands' of dollars, has lost a bid for a refund because he used the wrong type of oil.

Auckland company C&P Beauty Services bought the car – a Maserati Ghibli – for $87,400 in April 2017. It had done fewer than 9000km at the time.

However, it broke down 10 months later, suffering 'significant' engine damage.

Company director Jiawen Tang took the seller, Penrose-based NZ Motor Sport Imports, to the Motor Vehicle Disputes Tribunal, saying the car was not of acceptable quality and was not fit for purpose.

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The case was heard by barrister Brett Carter in a series of three hearings in late 2018. A decision was released on December 19.

Tang said the car's engine started to smoke about a month after purchase. Winger Maserati assessed it twice, but found no apparent fault.

In January 2018, the vehicle was serviced by GT Auto Source in Newmarket, which topped up the oil supply with Fuchs 5W/30 oil.

The next month, Tang's colleague Xi Zhou was driving the car on the motorway when it began shaking, 'with a rattling noise coming from its engine', the decision said.

'Mr Zhou says the vehicle sounded like a tractor.'

He pulled over and turned the engine off, but could not restart it.

The car was towed to GT Auto Source which found various fault codes stored in the car's computer, but could not pinpoint the fault.

The vehicle was then taken to Winger Maserati, which found extensive damage to parts of the engine due to 'excessive heat caused by insufficient lubrication', the decision said.

An assessor for the tribunal said the engine would require a 'significant overhaul, costing many thousands of dollars'.

Peter McPhail from NZ Motor Sport Imports said the vehicle was free of defects when it was sold and the damage to the engine was caused by the wrong oil being used.

He cited evidence from Winger Maserati which said only 5W/40 oil – a thicker oil – should be used in the car, instead of 5W/30.

He also said C&P Beauty Services failed to have the car serviced by an authorised Maserati agent, as required by the manufacturer's warranty.

In response, Tang provided an email from Fuchs, which said the 5W/30 oil met the requirements of the car, according to the owner's manual.

Tang said it was likely the damage was caused by a problem with the car's oil system, rather than the oil itself.

Carter said it was true the owner's manual supplied with the car said it took 5W/30 oil.

However, that had been 'superseded' by a bulletin issued by Maserati in May 2017, which recommended only 5W/40 oil should be used. 

'Unfortunately for C&P Beauty Services, neither GT Auto Source or Fuchs NZ seems to have been aware of this change in oil specification. This is a significant shortcoming.'

Carter said a reasonable consumer would have ensured the correct grade of oil was used in the vehicle.

'This is particularly the case for performance vehicles such as this vehicle because the engines are so powerful and finely tuned, meaning that the use of oil with insufficient lubricating properties can quickly cause significant damage to the engine.'

He declined to order NZ Motor Sport Imports to refund Tang, saying the damage was most likely caused by the oil type and the car was fit for purpose.

'C&P Beauty Services will undoubtedly feel aggrieved at this outcome,' he said. 

'However, although C&P Beauty Services cannot be criticised for relying on the expertise of GT Auto Source and Fuchs NZ in choosing what oil to use in the vehicle, it must nonetheless take responsibility for the actions of its agents.'