Mattb
Member
Registered: 2nd Feb 03
Location: Under your sisters bed
User status: Offline
|
To cut a long story short i purchased a new clutch and release bearing for my mums subaru legacy outback. Fitted it Saturday and today the release bearing starts squealing, the noise goes when the clutch is depressed. Phoned the Localish Subaru dealer that i bought the parts from to be told they will only cover the cost of the part and wont cover any labour. Not right i thought - as at our place if we sell the parts only, we still cover the labour if it goes wrong.
any way, i emailed Subaru customer services and quoted the Supply of Goods and Services act.
http://www.legislation.gov.uk/ukpga/1982/29/section/11N
Point 2.
Just want to make sure with those in the know that im not missing something. Because imo they should replace it there and not charge a penny, regardless of if i fitted it or not
|
ChazSXi
Member
Registered: 26th Jan 03
Location: Waterlooville, Hampshire
User status: Offline
|
Will be sale of goods not supply of goods and services as they did not fit the clutch...
|
Ben G
Member
Registered: 12th Jan 07
Location: Essex
User status: Offline
|
They will say you may not have fitted it correctly.
|
Mattb
Member
Registered: 2nd Feb 03
Location: Under your sisters bed
User status: Offline
|
quote:
Originally posted by ChazSXi
Will be sale of goods not supply of goods and services as they did not fit the clutch...
Sale of goods act also seems to cover the same points at section 48B
quote:
Originally posted by Ben G
They will say you may not have fitted it correctly.
They could try - but its a release bearing they arent particularly difficult to fit  - and i have probably been in the trade just as long, if not longer than the technicians they have working there..
|
ChazSXi
Member
Registered: 26th Jan 03
Location: Waterlooville, Hampshire
User status: Offline
|
You are going to want to argue s14 of the sale of goods. You can't rely on the supply of goods and services as they did not supply services within the course of ordinary business.
You may also wish to have a look at product liability.
|
DaveyLC
Member
Registered: 8th Oct 08
Location: Berkshire
User status: Offline
|
You need to prove the part is faulty and to recover any costs regarding fitting is a matter for the civil courts if it is faulty and they refuse.
|
Mattb
Member
Registered: 2nd Feb 03
Location: Under your sisters bed
User status: Offline
|
quote:
Originally posted by ChazSXi
You are going to want to argue s14 of the sale of goods. You can't rely on the supply of goods and services as they did not supply services within the course of ordinary business.
You may also wish to have a look at product liability.
Clocked i had stated the wrong act when you mentioned above..
cheers
|
Mattb
Member
Registered: 2nd Feb 03
Location: Under your sisters bed
User status: Offline
|
quote:
Originally posted by DaveyLC
You need to prove the part is faulty and to recover any costs regarding fitting is a matter for the civil courts if it is faulty and they refuse.
Emailing Subaru UK customer care to see what they say. It could just be the service manager being a douche because they lost out on the repair due to over quoting
|
Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
|
quote:
Originally posted by Mattb
Not right i thought - as at our place if we sell the parts only, we still cover the labour if it goes wrong.
Just because one retailer does it doesn't make it law, could just be a good will gesture by Audi so don't hang your case on that. See that a lot, people expecting things because last time they were somewhere that is what happened, a lot of the time its just good customer service and not legal obligation.
I'll have a proper read later on but my suspicion would be that they're not likely to cover labour, particularly as in an amateur capacity (your occupation doesn't affect your legal position) you didn't incur any cost anyway.
Again, you can make the case and see if they're feeling nice but if someone who hadn't spent money on fitting it asked me for money to fit I'd be wondering where they pulled that one from.
|
ChazSXi
Member
Registered: 26th Jan 03
Location: Waterlooville, Hampshire
User status: Offline
|
quote:
Originally posted by Mattb
quote:
Originally posted by ChazSXi
You are going to want to argue s14 of the sale of goods. You can't rely on the supply of goods and services as they did not supply services within the course of ordinary business.
You may also wish to have a look at product liability.
Clocked i had stated the wrong act when you mentioned above..
cheers
No probs, am a solicitor
|
Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
User status: Offline
|
File a consequential loss claim its what i did when Ford refused to payout labour for a faulty part as advised by trading standards
[Edited on 18-02-2013 by Steve]
|
