Narration of Facts:
I purchased a BRAND NEW motor vehicle (Ford Fiesta 1.6t 5DR AT Sport) from Ford Dearborn Motors Co. Inc. Alabang Branch last December 17, 2012, with selling price of 839,000.00, the unit is currently under BPI financing.
The owner rigorously and committedly followed all maintenance procedure and check-ups with the Casa to make sure that the car functions at its best.
In less than 8 Months after purchase, we experienced problems related but not limited to malfunction indicators appearing on the dashboard, Transmission malfunction/jerking, engine leak, low power and engine noise. We brought the car to the Casa to be fixed on August 5, 2013. On September 6, 2013 necessary fixes were finished and the car was released leaving us hoping that everything will be ok since they claimed that further tests and quality checks were made.
A month after the release of the car, we experienced the same problem again and we once again brought the car to the Casa for fix on October 25, 2013. This time we already expressed our deep concern with our safety since every time we run at a speed of 80-100kph specifically when driving in the expressway, the engine will suddenly turn to low power and jerk. I personally informed the Ford Sales Agent during the time that we are just looking out for a car to buy that I am not an experienced driver, and this is the first car I will buy, thus safety is one of my biggest concern. By end of Oct to Early Nov the car was released and we were assured by Ford again that the car was fixed and undergone quality check and tests.
After the 2nd fix, we did not expect to encounter the same problem again, but approximately after 3 months and just few times of using the car we brought it back again to the Casa on February 27, 2014 to have it fixed for the same problem. This time I was pregnant and I got very scared during the time that I encountered the problem while driving the car in the express way, I panicked and didn’t know what to do when the car suddenly jerked and slowed down in the middle of the expressway. We all know that there is a minimum speed limit and slowing down in the middle of the express way might lead to an accident. I immediately express this concern to Ford and they assured me that this time they will direct the concern to the Plant and it will be the Plant who will fix or assess the car. They ask us to give them one more chance to fix the car, we agreed but we clearly said that if after this 3rd fix if we encounter the same problem again we will no longer accept the car back. We also requested a meeting with Ford Philippines but were not granted. It took them almost a month to fix the car again.
Even though we were assured again that the car was quality checked and ready for use we were very hesitant to use the car again. It was just then that I have an appointment with the OB and we have no other car to use that we used the Ford fiesta again. To our surprise, right after entering the express way, the car malfunctioned again, this time it was scarier than ever since the malfunction indicator was on during the whole trip. We video recorded the indicator so that we can show it to Ford. We brought the car to the Casa on June 14, 2014. The Service Manager cannot believe that we are still encountering the same problem, since the last time they performed several fixes to the car, did their best, they even asked us if we can join them during the road test to see whether the issues will truly appear. We agreed to show them that we are not lying and that the problem truly exist, and so we proved them right after the road test. They again offered to fix the car under warranty and we are generous enough to give them another chance again but informed them that we will seek the help of DTI and media if they are still not able to fix the car. After a few days the car was then again released to us with a promise and assurance that everything was fixed and ok.
By this time we were very sure that the car will still have the same issues since as per common sense you can truly conclude that the car was lemon. We have met a lot of people that has the same car who does not experience the same problem we have had. By having the problem reoccurring every 1-3 months this can only mean one thing, that Ford sold us a lemon car. We have had our research and found out that US already recalled Ford Fiesta unit because of the same problem we’ve had. So when we used the car again, truly the same problem happened again. We then again brought the car to Ford on July 23, 2014. They diagnosed the same problem again and fixed it, but we cleared to them that this time we will no longer tolerate their services, and we will not accept the car anymore. We are 100% sure that this will never be fixed, because if they can truly fix the car, they should have done it on the first time we brought the car to their service center. Our cousin who works as the lead technician and known as the best technician of Ford Alabang also confirmed with us that they have already done everything they can to fix it and that it’s impossible to fix anymore. We already gave them several chances, talked to their technical guy, the head, the manager, all of them cannot solve the issue. They even did not consider the situation we are in, not just by risking our life by using that car, but also the time and effort we spend by always bringing the car to their Casa and then picking it up without them providing a service vehicle for our use. We are continuously paying for the car that we cannot use because it’s always in their Casa for fix. Not to mention the additional costs we have to shoulder.
We have had several meeting with the Ford representatives, the last one was with the Customer Service Manager of Ford Philippines, they offered to extend the warranty to 5 yrs, but we did not accept the offer since this will not truly solve the issue here. Warranty extension cannot fix a lemon car, it can only result to one thing, us being injured or killed by still using that lemon car.
I can also give the Blame to Ford, the sickness I acquired last July. Due to stress, and not being able to use the BRAND NEW and TOP of the LINE car I bought I was forced to use public transportation which led to me acquiring chickenpox during the critical time of my pregnancy. Up until now we are still having sleepless nights and still stressed out fight for our right against Ford Alabang.
More detailed sequence of services/fixes made are presented in the Service History
Enumerated below are the specific complaints we have and wants FORD to address:
1. Safety of Customer – the car sold to us have been a major threat to the security of the owner, her companion and other motor vehicle/people that could have been affected due to several incident that an accident almost occur due to the malfunctioning of the car.
2. Fitness for a particular purpose - Prior to the purchase I explained to Ford the special needs and circumstances for which I was purchasing a vehicle. I asked Harley for a specific representation to meet these needs and circumstances. Based upon the specific representations and recommendations of Harley, I purchased Ford Fiesta. As set forth in the facts above, there has been a failure and refusal to conform the product for its particular purpose. It seems like we are better off if we have purchased a second hand car since we are encountering issues that should have not been encountered for a Brand new, top of the line car. The particular purpose of the car is also not met since we have to get the car fixed, specifically 5 times, having the car in the Casa for approx 1 week up to 1 month, so that’s almost 5 long months for a 1 yr and half old car. We are continuously paying for the car even though we cannot use it due to its defect.
3. Inconvenience – every time the problem occurs, we have to drive all the way from Laguna to Alabang to have the car surrendered; we have to pay the gas, the toll and PUV. We also have to cancel our schedule, our work just to have a meeting with the service center. I work for an engineering/IT company which pays me every second. Whenever I need the car, I cannot use it because it’s under repair.
4. Value of the Car – due to several fix made and parts replaced by the service center, the car is almost good as trash, and every time we receive the car back, we can see and feel that it is worse than before.
Our Demands: Refund or Replacement.
As of the moment we have sought the help of Department of Trade and Industry having the hopes that the agency is pro-consumer and will help fight for Consumer rights against big companies that does not honor and value the paying customer by providing substandard products.
Violation of Ford Philippines c/o Ford Alabang:
Violation of Ford Motors Mission:
We are a global family with a proud heritage passionately committed to providing personal mobility for people around the world.
We anticipate consumer need and deliver outstanding products and services that improve people's lives.
As stated above, Ford Philippines c/o Ford Alabang failed to deliver outstanding product and services. The Brand New car malfunctioned with less than 8 months of using it at 8500km, after several services made to fix it, it still malfunctions.
Violation of Consumer Act of the Philippines:
• Article 2. Declaration of Basic Policy - It is the policy of the State to protect the interests of the consumer, promote his general welfare and to establish standards of conduct for business and industry. Towards this end, the State shall implement measures to achieve the following objectives:
o a) protection against hazards to health and safety;
As narrated above the car sold by Ford is a hazard to the Safety of the owner and the people that could be directly affected once an accident occurs. The stress and inconvenience caused by the car is a hazard to the health of the owner and her family.
Article 68. Additional Provisions on Warranties. – In addition to the Civil Code provisions on sale with warranties, the following provisions shall govern the sale of consumer products with warranty:
d) Minimum standards for warranties. – For the warrantor of a consumer product to meet the minimum standards for warranty, he shall:
1) remedy such consumer product within a reasonable time and without charge in case of a defect, malfunction or failure to conform to such written warranty;
2) permit the consumer to elect whether to ask for a refund or replacement without charge of such product or part, as the case may be, where after reasonable number of attempts to remedy the defect or malfunction, the product continues to have the defect or to malfunction.
As stated above and shown in the Service Warranty, several fixes were already made, fixes made took as long as a month to be finished and still the car malfunctions every 1 to 3 months after the fix. This is not reasonable since the customer paid and is continuously paying for the brand new car.
The car has be brought to the Casa for five times and they already performed several fixes, replaced several parts, performed several road tests and quality checks but the car continues to have the defect or malfunction that is hazardous to the owner and the people around that may be affected if ever an accident occur.
Article 97. Liability for the Defective Products. – Any Filipino or foreign manufacturer, producer, and any importer, shall be liable for redress, independently of fault, for damages caused to consumers by defects resulting from design, manufacture, construction, assembly and erection, formulas and handling and making up, presentation or packing of their products, as well as for the insufficient or inadequate information on the use and hazards thereof.
Article 99. Liability for Defective Services. – The service supplier is liable for redress, independently of fault, for damages caused to consumers by defects relating to the rendering of the services, as well as for insufficient or inadequate information on the fruition and hazards thereof.
The service is defective when it does not provide the safety the consumer may rightfully expect of it, taking the relevant circumstances into consideration, including but not limited to:
a) the manner in which it is provided;
b) the result of hazards which may reasonably be expected of it;
c) the time when it was provided.
A product is defective when it does not offer the safety rightfully expected of it, taking relevant circumstances into consideration, including but not limited to:
a) presentation of product;
b) use and hazards reasonably expected of it;
c) the time it was put into circulation
A defective product was sold by Ford Alabang, as per common sense a Brand new car should not show any defect or perform below standard. Given that the car bought was top of the line and sports model it should not malfunction once it reach 80kph. As per standard a brand new car wears out and show defects as time pass by usually around the 7th year of the life of the car from purchase.
The Car does not offer the safety rightfully expected of it since the problem always occur and was not fixed after several attempts made by the casa.
Article 100. Liability for Product and Service Imperfection. – The suppliers of durable or nondurable consumer products are jointly liable for imperfections in quality that render the products unfit or inadequate for consumption for which they are designed or decrease their value, and for those resulting from inconsistency with the information provided on the container, packaging, labels or publicity messages/advertisement, with due regard to the variations resulting from their nature, the consumer being able to demand replacement to the imperfect parts.
If the imperfection is not corrected within thirty (30) days, the consumer may alternatively demand at his option:
a) the replacement of the product by another of the same kind, in a perfect state of use;
b) the immediate reimbursement of the amount paid, with monetary updating, without prejudice to any losses and damages;
c) a proportionate price reduction.
Article 102. Liability for Service Quality Imperfection. – The service supplier is liable for any quality imperfections that render the services improper for consumption or decrease their value, and for those resulting from inconsistency with the information contained in the offer or advertisement, the consumer being entitled to demand alternatively at his option:
a) the performance of the services, without any additional cost and when applicable;
b) the immediate reimbursement of the amount paid, with monetary updating without prejudice to losses and damages, if any;
c) a proportionate price reduction
There is an obvious imperfection to the Car since they already replaced many parts but still unable to fix the defect up to the satisfaction of the owner. Due to several fixes made and the time it takes for them to fix it there is major decrease to the value of the car.
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Latest Update (12/11/2015):
We are asked to scan all documents and papers regarding the complaint and the resolution so that the issue can be published in some social media sites. We will gladly do so to warn those who are planning to buy from ford, we are very active in passing the information to different forum, pages and groups. We have been contacted many times by people with the same issue/s. We aim to warn the buying public to think twice before purchasing from FORD. Please stay tuned as we post all documents even the resolution from DTI, where the representative of Ford willingly admitted to the DTI arbiter that even if they fix the vehicle again, they are not sure that it will still work properly. Please share this post. Thanks
Latest Update:
We won the case against FORD Alabang throught DTI, but unfortunately they filed an appeal its been 6 months and we are still waiting for the results/verdict of the DTI Secretary of Appeals. During our last meeting with the service Manager of FORD he told us that he has plans of rendering resignation already due to several issues, they are jumping from one case to another. I can really conclude that FORD does not care about their customer, all they want is to gain, purely business, purely for profit.
We are now planning to take this case to the Court since there has been no progress with the Secretary of Appeals, according to them they still have some back-log case since January.
