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warranty claims, legal advise.

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..lee.. View Drop Down
Vanorak
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ..lee.. Quote  Post ReplyReply Direct Link To This Post Topic: warranty claims, legal advise.
    Posted: 25 Oct 10 at 20:18
having read and seen the pics regarding the cv joints on the syncro forum i`ve been thinking.

good part suppliers sell quality parts and these are normally distinguished by a brand name. over the last few years i`ve noticed brand names are being bought out or re branded ect. this leaves garages and generally the people who the punter in the street buys from in a bit of a dilemma as to what we can supply confidently. often we get fobbed off buy the wholesaler that its the same product ect, ect.

recently we have had a few faulty components supplied, some have been fitted, some not.

one case inparticular we had a clutch that was fitted, was faulty from the word go. customer didn`t even get the car back. we pulled the clutch back out and the supplier gave us another which we fitted and was the faulty in the same way. we bought another clutch from a different supplier and all was well.

we got no compensation from the supplier of the two faulty clutches and was told that their inspection of both clutches had found them to be fine.

what i`m getting at is the "small people like myself and many other garages" end up honouring the warranty but get p***ed on by the big guys.

how can they get away with it. i`m sure as a consumer if a product is not fit for purpose then they have to replace or refund.

i`m fed up of getting fobbed of by the big guys so if anyone has any advise on how to deal with them i`d greatly apprieciate it.

lee.
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rogerthecat View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rogerthecat Quote  Post ReplyReply Direct Link To This Post Posted: 25 Oct 10 at 20:27
Hi Lee, you could raise it with Trading Standards.
T3 Westy, T3 Syncro (the ScoobyVelle), New Beetle Cab, 2 x Polos - I have too many projects
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..lee.. View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ..lee.. Quote  Post ReplyReply Direct Link To This Post Posted: 25 Oct 10 at 20:31
been thinking of going that way as i`ve experienced this with more than 1 supplier and its becomming the norm now.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rogerthecat Quote  Post ReplyReply Direct Link To This Post Posted: 25 Oct 10 at 20:40
The real issue is that not everyone is as scrupulous as you, some people will just fit it and forget.
In those cases it's the end customer who takes the hit.
If more guys in your position were as demanding then perhaps things would change.
T3 Westy, T3 Syncro (the ScoobyVelle), New Beetle Cab, 2 x Polos - I have too many projects
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Stacey View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Stacey Quote  Post ReplyReply Direct Link To This Post Posted: 25 Oct 10 at 21:17
Euro car farce parts are really bad at the minute. It's beyond a joke how much stuff gets sent back. I always get a refund though cos they know I'll make a big fuss in their shop.
I sell cars and campers.
www.qualitycarsuk.co.uk
~And I like filth, ginger people, drunk Welsh people and fingering food
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BANANABUS View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BANANABUS Quote  Post ReplyReply Direct Link To This Post Posted: 25 Oct 10 at 22:22
Sales Of Goods 1979
http://www.legislation.gov.uk/ukpga/1979/54


 Repair or replacement of the goods



(a)to repair the goods, or

(b)to replace the goods.

(2)If the buyer requires the seller to repair or replace the goods, the seller must—

(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—

(a)impossible, or

(b)disproportionate in comparison to the other of those remedies, or

(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

(4)One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—

(a)the value which the goods would have if they conformed to the contract of sale,

(b)the significance of the lack of conformity, and

(c)whether the other remedy could be effected without significant inconvenience to the buyer.

(5)Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—

(a)the nature of the goods, and

(b)the purpose for which the goods were acquired.



Edited by BANANABUS - 25 Oct 10 at 22:23
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..lee.. View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ..lee.. Quote  Post ReplyReply Direct Link To This Post Posted: 25 Oct 10 at 22:25

these suppliers are normally ok if no labour claim is requested it`s like they except the parts to be faulty but as soon as you mention claiming some labour back they shut the door in your face. i dont mind carrying it if its only an hour but when its 4 hours or more its depressing.

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BANANABUS View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BANANABUS Quote  Post ReplyReply Direct Link To This Post Posted: 25 Oct 10 at 22:28
Originally posted by ..lee.. ..lee.. wrote:

these suppliers are normally ok if no labour claim is requested it`s like they except the parts to be faulty but as soon as you mention claiming some labour back they shut the door in your face. i dont mind carrying it if its only an hour but when its 4 hours or more its depressing.



thats the trouble they ain't got a clue about what the law with regards to selling stuff and what WILL stand up in the small claims court



Edited by BANANABUS - 25 Oct 10 at 22:29
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..lee.. View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ..lee.. Quote  Post ReplyReply Direct Link To This Post Posted: 25 Oct 10 at 22:28
bananabus. does that mean they are responsable for labour incured. seems so unless i`m havin a ficky moment.
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BANANABUS View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BANANABUS Quote  Post ReplyReply Direct Link To This Post Posted: 25 Oct 10 at 22:29
Originally posted by ..lee.. ..lee.. wrote:

bananabus. does that mean they are responsable for labour incured. seems so unless i`m havin a ficky moment.


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T3ADICT View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote T3ADICT Quote  Post ReplyReply Direct Link To This Post Posted: 26 Oct 10 at 00:04
 
just to show it can work the other way sometimes.
 
a friend that runs a workshop had a 2.5 tdi t4 that came in for a cambelt/service/general check over.
work was done, with all VW  genuine parts.
away went the customer.
 
some weeks later that van returns on the back of an AA truck.
on quick inspection the cambelt seems very slack.
 
turns out the brand new Genuine vw water pump  has broken up and caused all sorts of damage.
 
the customer ended up with a brand new engine from vw... fitted by a vw main dealer.
the pump was faulty.. and caused the problem.
 
pays to keep all paperwork up todate.
 
 
 
WHY T3's.... because they are just so adictive, and having one just aint enough
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HarryMann View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote HarryMann Quote  Post ReplyReply Direct Link To This Post Posted: 31 Oct 10 at 12:56
Until suppliers and fitters chase back the supply chain religiously but fairly, invoking the Sale of Goods Act and any other relevant legislation, then the quality of parts and goods being proferred probably won't not improve.

It should be commercially unprofitable to import goods that are not fit for purpose, and as that is not evident by simple visual inspection, these importers must be more than a handful of guys and gals behind a keyboard with a phone stuck in their ear, with no real engineering (or other) experience and knowledge.

More need to prosecute their case meticulously and methodically when parts are proven to be substandard.

We tend to think that there are maybe two or three standards to parts, cheap, medium and OEM quality, and that the difference might be 'finish', 'life', 'packaging', 'kudos', etc... but they will all do the job, at least for a while.

Believeing the but part is proving to be a bit naive!



Edited by HarryMann - 31 Oct 10 at 13:15
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