Faulty parts and fitting costs. | Legal matters | Back Room Forum

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Wed 18 May 2011 18:32

Faulty parts and fitting costs. - Mee

Person "X" buys a replacement component "C", supplied by parts reconditioning company "PartCo". The part is guaranteed for a year. Garage "G" fits the part - it turns out to be faulty - indeed, it was supplied faulty.

X has paid PartCo for the part, and G for the fitting, but has a vehicle which still needs a replacement component C.

G has legitimately done the work.

PartCo will replace the part only.

Who pays for this? Is PartCo liable to pay anything (carriage costs, G's fitting costs...) bar the replacement cost of C? Does X have to bear all costs bar the replacement component C?

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Wed 18 May 2011 18:37

Faulty parts and fitting costs. - LucyBC

This is an examination question. Do your own research and homework...

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Wed 18 May 2011 18:40

Faulty parts and fitting costs. - Mee

If it really is an examination question, I shall be grateful if you will point me to the answer - for I am person X, and I haven't the faintest idea what to do now. I am rather out of pocket, and I would like some information if possible.

If it's of any use, G are willing to put it in writing that C is faulty.

I have anonymised the details, for obvious reasons.

Edited by Mee on 18/05/2011 at 18:41

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Wed 18 May 2011 19:00

Faulty parts and fitting costs. - LucyBC

It is an exam question. HJ is about practical advice.

Write the story out as a narrative you want a sensible and practical answer.

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Wed 18 May 2011 19:30

Faulty parts and fitting costs. - Collos25

I will try and attempt to answer your exam question if you bought the part and asked a garage to fit it and it was faulty then you are only entitled to have price of the part back or exchanged if on the otherhand the garage provided the part and fitted then you are entitled to have the car repaired again at the garages expense.Thats providing X +Y=z cubed and multiplied by itself.

Edited by Andy Bairsto on 18/05/2011 at 19:30

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Wed 18 May 2011 20:20

Faulty parts and fitting costs. - Mee

Oh dear. That is most discouraging.

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Wed 18 May 2011 20:12

Faulty parts and fitting costs. - Mee

OK, I have just bicycled all the way home, and collected the vehicle. I was going to re-write the OP anyway, because I think all these Xs and Cs may make my and other people's heads spin. Unfortunately, since collecting the vehicle, my position is unexpectedly worse.

I have made another post here, perhaps unwisely - people may stumble across it - so, if anyone guesses which one, please shhh and don't mention the component!

From the beginning. We have me, "the vehicle", "the garage", "the fault", "the component", "the supplier" (of the component), etc. I hope this is better.

I noticed a fault with the general suspension/directional control of the vehicle.

I took the vehicle to the garage.

The garage advised that the component had a fault and needed replacing, writing down "the component is faulty and needs replacing" for me.

The garage agreed to fit the replacement component I supplied, and charge for their labour.

I therefore purchased a new "guaranteed" replacement component for £££, which the supplier shipped to me, at my cost of ££.

The garage fitted the replacement component, giving me back the old component to return to the supplier, plus a bill for £££ for fitting, which I paid by card , picking up the vehicle after the garage had closed (they had left the key for me in a shop which opens late). I have the bill for the fitting.

As soon as I got into the vehicle, I checked the fault. It was still apparent, and seemingly unchanged in nature.

My thought was that the garage had wrongly replaced the component. Also, the replacement component's fluid resevoir was nearly empty. I replaced the fluid but it continued to require topping up.

I took the vehicle back to the garage. The garage said that the replacement component is faulty - in that it was leaking fluid from a seal. They have written this down for me "the component is faulty because it leaks from a seal").

Now, the situation is not so straightforward.

I assume that the supplier will replace the component, as it's guaranteed. However, what about the fitting costs, which will be £££ again, and carriage, which will be ££?

There's also the possibility that the garage have indeed wrongly replaced the component, and it could be another part which needs fixing.

It could be that the replacement component is faulty in two ways, one of which is the leaking.

It's possible that the component and another part are both faulty.

I can't really drive the vehicle, because of the fault, and because of the bad leak in the replaced component.

What do I do? Who's liable (if anyone), as before? I am worried about this.

Edited by Mee on 18/05/2011 at 20:18

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Wed 18 May 2011 21:29

Faulty parts and fitting costs. - injection doc

After a similar situation when I owned a garage business the legal team for the RMIF advised me at the time NEVER to fit parts supplied by a customer. It becomes so complicated when it goes wrong. I did used to make a customer sign a disclaimer that if we fitted a part they supplied and it was faulty they had to agree to pay the labour for the 2nd replacement and if the ramp was tied up waiting for a replacement part whilst the car was dismantled then they would pay an hourly rate for the ramp all the time the car was on it ! This discouraged most. I only had one guy who refused to have a manufactures engine replacement and supplied his own and yes youve guessed it , faulty ! it cost him more for a 2nd engine to be fitted that was s/hand than it would of done for a genuine replacement !

Now whether the law has changed but i seem to remember that the RMIF advised me that as a garage we were still responsible if a part was faulty even if the customer supplied it himself ! whether this still stands I have no idea ! and hence their recommendation to fit parts supplied by ourselves only ! at least through a local factor we could have some reconpence !

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Wed 18 May 2011 22:41

Faulty parts and fitting costs. - Mee

> "advised me that as a garage we were still responsible if a part was faulty

> even if the customer supplied it himself !"

I haven't unlimited funds (!), but I'm interested in what is, to my mind, right - for instance:

If the garage have advised me badly, e.g. that I needed to replace the component at £££ when really it was only another component at ££, then that I think is their fault.

If the supplier supplied me with a duff component, then I think it's the supplier's fault.

What the outcome will be I don't know.

I don't know what to do. The supplier is expecting the old component back, and I have told them by e-mail that the new one's faulty (no response yet). The garage can't do anything, as the component's U/S, although they may have made a mistake telling me that the component was U/S in the first place. I can't drive the vehicle. I can't afford, at all easily, to take the vehicle in to the garage and tell them to fix it and forget about all the cost so far. It's a nightmare.

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Thu 19 May 2011 10:21

Faulty parts and fitting costs. - Dave N

I had the same when I was in the a/c game. What you need to understand is there's a profit to be made on the part supplied and fitted. This profit goes towards any warranty problems.

I would quote for parts and fitting. The the punter would then find the part cheaper on the net, and expect the same labour charge. Often, the part was poor quality or didn't fit properly. And built into my quotes were maybe other parts that were usually required as they'd be broken in the process of changing the original part. So I had to charge more to cover my back. Even after explaining to the customer quite clearly what was involved, they would still get the hump when they got a bill for stripping out the old part and then finding the new part wasn't right. They will then come on a website such as this, then start on about trading standards etc.

The other good one was the customer would fit the parts, then come to me to recharge. Only to find the part was rubbish or not fitted properly, which meant the recharge wasn't successful. Again, the presentation of the bill would be the start of the argument.

So at the end of the day, it would invariably turn into a mess and cost me (and them) money, as you have found out. As others have said, I refused to fit customer parts - it just wasn't worth the grief and eventual resentment.

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Thu 19 May 2011 10:41

Faulty parts and fitting costs. - LucyBC

If the part supplied was faulty then it is the responsibility of the part supplier. The supplier should replace the part. The repairer can charge again to refit it.

If the part was not faulty and was damaged in the fitting then the part should be replaced and refitted at the repairer's expense.

If the fault was wrongly diagnosed then you are into grey territory best dealt with by agreement between the various parties, or if there is disagreement by the various mediation schemes (if the dealer is party to any of them) and ultimately by the court if settlement cannot be reached.

Cars are complicated with interactiviy between various functions and sometimes (actually quite often) the first proposed remedy does not cure the problem. As someone who often has to mediate between garage and customer they can be very difficult to resolve but it generally involves a deal on rates for the second attempt at a fix.

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Thu 19 May 2011 12:12

Faulty parts and fitting costs. - Collos25

I cannot understand why you ordered the part and not the garage you obviously are a novice in this area not a criticism only an obsveration.The garage should have diagnosed the problem given you a quote and you you should have said yes or no if you cannot afford the repair you should carefully consider whether you can afford a car because they can be money pits for those who cannot do simple repairs themselves.

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Thu 19 May 2011 15:24

Faulty parts and fitting costs. - Mee

The garage diagnosed the problem. They were going to supply a component with 12 months/10,000 mile warranty. I could get a component with 2 years/unlimited mileage warranty, for about the same price, and as the garage said "OK" I did.

Your first observation is wrong. I used to do all my own repairs back in the days when repairs were simpler - head jobs, engine/gearbox changes, etc. I currently have no equipment to lift the vehicle adequately for this job, which is why I did not do it. I may have to improvise with lifting and DIY it now.

There is a big difference between receiving one large bill for a job, and having to pay twice over to get the one job done.

I am still not at all convinced that replacing the component was the correct course of action - the fluid leak from the new one should not have lead immediately to free play, and after putting a new component in, the play was still there.

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Thu 19 May 2011 15:28

Faulty parts and fitting costs. - Mee

"If the part supplied was faulty then it is the responsibility of the part supplier. The supplier should replace the part. The repairer can charge again to refit it."

I have no problem with the repairer charging to fit another component - however, as the repairer fitted the component which was supplied by the supplier as good for the job, and the component was faulty, I think that it is right that the supplier foot the bill. From what you have said, this seems unlikely.

I do take issue with the garage if they have made a mistake, and the component has been replaced when it was sound.

Edited by Mee on 19/05/2011 at 15:32

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Thu 19 May 2011 15:54

Faulty parts and fitting costs. - martint123

No matter which way your try to tell the tale - YOU supplied the probably faulty part to the fitting garage. The supplyer of the part will have much writing about "no consequential damages".

Taking a shortcut to save a few bob has not worked in this case. I have never had a problem where I have asked or been suggested to, fit second hand parts- but sourced by the fitting garage.

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Thu 19 May 2011 17:56

Faulty parts and fitting costs. - Mee

> Taking a shortcut to save a few bob has not worked in this case.

You are entirely wrong in the assumption you've so hastily made.

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Thu 19 May 2011 15:58

Faulty parts and fitting costs. - LucyBC

You supplied the component and asked the repairer to fit it. Hence you pay for his fitting time if it was faulty. If you want to charge the supplier for the fitting then you probably need to litigate as most will not pay fitting costs as the fitting process is outsuide their control.

On the third paragraph it happens often and again usually requires a concilliatry attitude and negotiation to resolve with give and take from all parties.

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