In order to get this translated quick i had to use Google Translate... so please verify if this make sense since in French it does ;-)
Somewhere, October 1, 2024
RECOMMENDED
SUBJECT TO ALL RESERVATIONS
Genesis Motors Canada
75 Frontenac Dr, Markham, Ontario L3R 6H2
AND
Genesis XXXXXX
Somewhere in Ontario, ON KXX XXX
Subject: Breach of the General Legal Warranty
To Whom It May Concern,
On March 29, 2023, Genesis XXXXX sold me a 2023 Genesis GV60 with
VIN# KMUKXXXXXXXXXXXXX
However, within the first year, including more than three months at your dealership, the car developed the following major problems: The four front headlights (two modules) accumulated condensation and cracked. Subsequently, on July 26, 2024, the passenger-side headlight module completely stopped working (two headlights).
For my family, the reality was this: starting in January 2024, my car became "disabled" and partially unusable, and subsequently, completely unusable on July 26, 2024. In fact, from January 2024, I was unable to use my car from the beginning of sunset (dawn) until sunrise the following day. Then, in July 2024, with the passenger-side headlight module failing, I was legally prohibited from driving it according to the following sections of the Quebec Highway Safety Code:
213. All equipment covered by this Code must be kept in good working order at all times.
In addition to public roads, this article applies to roads under the administration of, or maintained by, the Ministry of Natural Resources and Wildlife, to private roads open to public traffic, and to the grounds of shopping centres and other areas where the public is permitted to circulate.
424. The driver of a road vehicle must, at night or when weather conditions so require, turn on the headlights and integrated lights of their vehicle.
492.5. The driver of a low-speed vehicle must, at all times, keep their vehicle's headlights on, unless the vehicle is equipped with daytime running lights.
Every owner must correct any defect that is brought to their attention. When the defect is minor, they must carry out or have carried out the necessary repairs within 48 hours in order to maintain the vehicle's right to be operated.
519.21 Every owner notified of a notice of defect issued by a manufacturer in accordance with the Motor Vehicle Safety Act (Statutes of Canada, 1993, chapter 16) must immediately take the necessary steps to have the defect corrected according to the manufacturer's instructions or to have the vehicle repaired or modified to eliminate the defect. A defect within the meaning of this section is any minor or major defect listed in the Motor Vehicle Safety Standards Regulations (chapter C-24.2, r. 32).
The safety of my family and oncoming traffic was also at stake.
Now that this is clear, under the warranties provided by law, namely:
The automobile you purchase (or lease) is covered by the warranties provided by law. These warranties apply automatically and at no cost. Among these warranties are:
The following legal warranties:
The warranty of fitness for purpose
The warranty of reasonable duration
The warranty against hidden defects
allow me, in particular, to demand that the car I buy:
Be fit for its intended purpose;
The warranty of fitness for purpose;
CONDITIONS FOR THE APPLICATION OF THE WARRANTY OF FITNESS FOR PURPOSE
The warranty of fitness for purpose imposed on the merchant and the manufacturer creates an obligation of result. This obligation is assessed primarily based on the buyer's reasonable expectations.
Have a reasonable duration, taking into account the price paid, the contract, and the conditions of use;
The warranty of reasonable duration;
CONDITIONS FOR THE APPLICATION OF THE WARRANTY OF REASONABLE DURATION?
The warranty concerning duration stipulates that a good must be able to serve a normal purpose for a reasonable period. However, the law does not specify, for example, that a car must have a lifespan of 15 years. Why? Because determining the reasonable lifespan of an item requires considering several variable factors. These include the price paid, the terms of the contract, and the conditions of use. For example, a car worth $15,000 cannot be expected to last as long as another with the same features but worth $30,000.
The item must not have any hidden defects, meaning significant flaws that existed before the sale, were not disclosed to you, and could not have been detected despite your diligence;
and the warranty against hidden defects (Article 1726 of the Civil Code of Quebec).
The seller is obligated to warrant to the buyer that the item and its accessories are, At the time of sale, the vehicle must be free from hidden defects that render it unfit for its intended use or that so diminish its usefulness that the buyer would not have purchased it, or would not have paid such a high price, had they been aware of them.
It must conform to the description in the contract, the advertisement, and the representative's statements.
During the maintenance performed on July 29, 2024, Genesis XXXXX was able to identify a major problem with the two (two) headlight modules on my car. Despite this finding being documented in writing, Genesis XXXXX refused to replace the two headlight modules without even forwarding the information to Genesis Motors Canada for them to assess the claim, and without offering me a satisfactory resolution.
In fact, Genesis XXXXX refused to replace the two headlight modules (four headlights), both of which were cracked and filled with condensation. Genesis XXXXX even had the audacity to provide me with an estimate of the cost of replacing the headlights. The estimate came to $8,796.54, taxes included.
Estimate for each headlight module = $3,600 per unit
Estimate for the necessary labor = 2.5 hours at $179.99/hour
Plus taxes.
This decision by Genesis XXXXX forced me to take the necessary steps to replace both headlight modules (4 headlights total).
Having already lost all confidence in your good faith and judgment, I was forced to order, at my own expense, each of the original left and right headlight modules (Genesis) and replace them myself. This took me two days.
This behavior by Genesis XXXXX is unacceptable and violates the law.
In conclusion,
I hereby demand that Genesis XXXXX and Genesis Motors Canada reimburse me for the cost of the parts and the labor required to replace them, as follows:
Left Headlight Modules: $3,600
Right Headlight Modules: $3,600
Labor: $1,000/day (2 days)
Total before tax: $9,200
Plus tax: $1,375.40
Grand total including tax: $10,575.40
Should you refuse to reimburse me this amount, additional costs, namely:
PUNITIVE DAMAGES
EXTRACTRACTUAL DAMAGES
INCONVENIENCE, HASSLE, AND DISCOMFORT
plus the interest rate permitted by law, will be added and increased at the time of the hearing in court.
Please act accordingly.
Myself
Somewhere In Quebec, Canada JXX XXX
819-555-5555
