can you get refund for labour costs of fitting faulty part?

robins30

Hi

I recently bought a clutch for my car via a third party who obtained it directly from the manufacturer.

I had this clutch fitted by my usual mechanic and it failed to engage. The clutch was removed and returned to the third party who then returned it to the manufacturer for testing.

After waiting 6 weeks and much chasing up, it emerges that the clutch was fine but, due to a cataloging error by the manufacturer, they sent the wrong clutch for my car to the third party. I have this admission in writing.

Obviously, I am getting a refund for the clutch itself. The question is, is anyone liable for the mechanics fees of fitting and removing the faulty clutch? at the end of the day, he did the work and put the time and skill in, so I personally don't think he should be treating me as a freebie - it's not his fault. Is either the third party supplier or the manufacturer respinsible though? Or is it just tough and I have to take this loss on the chin?

Thanks for your time and advice

Robin

Hintza

Sounds like you are not keen on using the term retailer, shop, motor factor etc which suggests it is a more informal arrangement.

So do you want to stir up ill feeling etc?

robins30

Hintza wrote: »

Sounds like you are not keen on using the term retailer, shop, motor factor etc which suggests it is a more informal arrangement.

So do you want to stir up ill feeling etc?

oh no - sorry

I bought the clutch from a well known and respected retailer/garage/modifier/motorsports team etc. was probably wrong to use term third party. I meant it in the context that the clutch was not supplied by the garage - which was probably wrong of me. I'm new to this sort of thing.

The manufacturer was Sachs

EddyH_2

I've had the same problem with a performance clutch from sachs on an Audi A3. However I bought through a garage who also did the fitting who succesfully got the supplier to reimburse them the labour costs.

Hintza

Ah OK....I was wondering if a mate had picked it up for you.

I suspect that you probably don't have a hope. Any chance of asking them nicely if they will supply the correct clutch for free or has the work been done?

I will be interested though in what others will think about this one.

robins30

Hintza wrote: »

Ah OK....I was wondering if a mate had picked it up for you.

I suspect that you probably don't have a hope. Any chance of asking them nicely if they will supply the correct clutch for free or has the work been done?

I will be interested though in what others will think about this one.

I needed a new clutch asap so I bought an alternative AP clutch instead. I am getting a refund for the incorrectly supplied clutch. I suspect you're right that I don't stand a chance with labour costs. I was just wandering if there was any legislation behind me before I discuss it with sachs directly. The retailer I bought it from seems fairly dismissive about it all.

thanks for replies. any further input greatly appreciated:T

robins30

been on phone to consumer direct who were very helpful.

under sale of goods act the trader is responsible for any costs incurred due to faulty goods, even though the manufacturer admitted to the fault. you claim these costs from the trader as consequential losses.

quickstepqueen

Thanks for the above posts. Really helpful. I was told during my recent MOT that a wheel bearing needed replacing. Had the work done. Got home and was filing away the paperwork when realised the same bearing had been done (by the same garage) only 11 months previously. Garage have admitted the bearing was faulty and are sorting out a refund when I go in tomorrow but wasn't sure if they would also refund me the labour costs. At least I now know they should. Thankyou.