Distributor denies liability for ‘defective’ M-Benz, says dealer acts independently

  • last month
A purchaser is suing over an allegedly defective Mercedes-Benz S580e, but Mercedes-Benz Malaysia says all repairs under warranty were conducted properly.


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https://www.freemalaysiatoday.com/category/nation/2024/08/24/distributor-denies-liability-for-defective-m-benz-says-dealer-acts-independently/

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Transcript
00:00A luxury car distributor is resisting legal action over an allegedly defective Mercedes-Benz
00:08580e plug-in hybrid sedan, saying it is not involved in retail-to-end consumers and was
00:14not a party to the sale contract entered.
00:18Kian Seng Engineering Sindiran Berhad is suing Mercedes-Benz Malaysia Sindiran Berhad and
00:24car dealer S-Benz Motors Sindiran Berhad over multiple complaints of mechanical faults,
00:30defects and other issues, which it said surfaced roughly one year after it took delivery of
00:36the car.
00:37However, in a court filing last month, MBM said it only undertakes the wholesale distribution
00:44of brand-new and locally assembled cars to authorised dealers in Malaysia, including
00:49S-Benz Motors.
00:52It said the nature of the relationship allows the dealer to independently determine the
00:56retail prices of cars sold to end consumers and, as such, MBM cannot be held liable for
01:03S-Benz's actions.
01:06In its statement of claim filed in May, Kian Seng said it had relied on representations
01:11made by S-Benz Motors and MBM to buy the car.
01:16Kian Seng contends that the car suffered from manufacturing defects and that both S-Benz
01:22and MBM had breached their legal obligations to provide the company with a luxury car free
01:27of defects.

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