I believe you are correct.
It was Holden that muddied the waters by declaring they would have parts available for 10 years.
The water’s have always been muddied.
The requirement to provide facilities for the repair of goods (and the provision of spare parts to allow repair) is defined within in s58 of the Australian Consumer Law (ACL), and Schedule 2 of the Competition and Consumer Act 2010 (Cth).
But the law doesn’t define a set period of time for repair and parts availability, only that manufacturers will make repair facilities and spare parts available for a reasonable amount of time.
So, like the duration of your statutory warranty which has an undefined duration in law, what is reasonable for parts supply depends on what was sold, how much it was sold for and what the consumers expectations are. Such things are at play a part here which is why it’s muddied.
In my view and expectations as a purchaser, the fact Holden was selling commodores with a 7 year factory factory warranties must play some part in what is reasonable. As an average John Citizen, I would expect parts would still be available for some time after the vehicle factory warranty expires as it would be unreasonable to see expensive products like motor vehicles unsupported post factory warranty. The question then becomes what would a reasonable period post factory warranty where the consumer can expect parts supply? It may indeed be reasonable to expect parts should be available for another period equal to the factory warranty duration. If that’s the case, parts supply should exist for 14 years…
The fact Holden has stated parts and service would be provided for 10 years post factory closure doesn’t mean their obligations cease… that’s for a court to determine… And if parts aren’t provided, such opens up the prospect t of major fault classification and purchase price refunds
Really, it’s in everyone’s interest, especially Holden, that their spare part last time buys and stock levels are appropriate to support their vehicles going forward. If Holden foobared their estimates and/or dumped stock to 3rd parties (cause where housing cost savings) then they may pay a high price (at least on paper via a court order)…
Me, I don’t want such hassles so sometimes think I should bail on Holden and sell my MSE… until I take her out for another drive
PS: and like statutory warranty, the obligation ultimately rests with the seller so OEM suppliers to Holden closing shop doesn‘t really play into it (in law)…
