Applying the criteria for a “major problem” under Australian Consumer Law to our Yeti. (https://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund)

What is a major problem?

A product or good has a major problem when:

• it has a problem that would have stopped someone from buying it if they’d known about it
  
  I believe that if, at the time of test drive / purchase, disclosure was made that:
  
  
  • The vehicle may randomly lose drive without warning when operating from a standing start and also at low speed,
    
    
  • The vehicle may randomly hesitate when attempting to accelerate from a standing start,
    
    
  • The vehicle’s brakes are mushy and may unexpectedly grab at low speed, and 
    
    
  • The vehicle’s transmission may shudder in 1^st gear,
    
    
• That a reasonable person would probably decline to purchase the vehicle.
  
   
• it is unsafe
  
  The demonstrated tendency of the vehicle to randomly lose drive without warning enables other vehicles to crash into it as it may fail to clear oncoming traffic when attempting to turn across their path.
  
  The demonstrated tendency of the vehicle to randomly lose drive without warning enables it to roll backwards (or forwards) into other vehicles or pedestrians (in a car park or school environment).
  
  The demonstrated tendency of the vehicle to randomly lose drive without warning enables other vehicles to crash into it as they expect it to move with the traffic and it doesn’t.
  
  The demonstrated random delayed throttle response also enables other vehicles to crash into it as it may fail to clear oncoming traffic when attempting to turn across their path.
  
  The mushy brakes are less effective than previously and the tendency for them to grab means that the vehicle may stop more suddenly than expected, leading vehicles behind it to crash into the rear.
  
  
• it is significantly different from the sample or description
  
  The whole character of the Yeti has changed since repair. Instead of having 1 occasional safety hazard it now has this plus several regular safety hazards as well as an annoying shudder in 1^st gear.
  
  Each time our Yeti has been left at Wippells for repair we have had either a loan or hire vehicle. All of the loan vehicles have been DSG equipped and none of them have exhibited any of the negative behavior of our Yeti.
  
  During our initial test drive (in a different Yeti) we asked the salesman about the Yeti’s ability to travel up a slope with a load (mobility scooter plus passengers) as we were concerned about the 1.2l engine. He then got us to drive at different speeds up hills in Toowoomba (under load) to prove that the engine was “up to it”.
  
  There is no mention of any of this hazardous (yet apparently normal) behavior in the Yeti’s operating manual supplied with the vehicle, nor is it described at the point of sale.
  
  
  
• it doesn’t do what the business said it would, or what you asked for and can’t easily be fixed.
  
  The Yeti was sold as a day – to – day vehicle to transport people and a mobility scooter, something it is unable to accomplish with safety in normal driving conditions.
  
  Because the demonstrated hazardous operation is deliberately engineered into the design it cannot be fixed – it is “operating as designed” and “within manufacturers specifications”.