clause in mechanic receipt?

thebettingbride

I'd like some advice to pass on to a friend who seems to be getting screwed by his mechanics at the mo.

The story goes: He bought a new car however the radiator was blocked. The only problem he was experiencing prior to getting it repaired was over-heating, other than that the engine was running smoothly and there were no other issues. He took it to a garage who I've been told repaired the radiator. They included in the receipt a clause which stated they would not be held liable for any problems with the gasket.
When getting it back the engine juttered when in first and second and really struggled. The very next day after getting it back the car wouldn't even start and he had to take it back to a garage.
The garage then told him the problem was the gasket, and in terms of repairing the radiator they are not liable for the gasket blowing.
The gasket was new on the car (only a month or so old) prior to taking it to the garage and there was no issue with it prior to his experience with this current garage. They now say that parts and labor are in excess of £600 (this is after the cost of the initial repairs).

My partner and I find it quite dodgy that a mechanic would include a clause in a receipt that frees them from any liability for a part that consequently goes wrong and enables them to charge a customer an obscene amount given what the initial issues were. Does such a clause actually have any legal standing? The guy is Nigerian and somewhat naive - we can't help but get angry feeling that they're taking advantage of him just because he's foreign, and would like to do what we can to help. To us it seems to be a case of him paying them to fix a problem, but instead they created even more problems and are actually charging him for them to fix their mistakes. So we'd like to know whether he would have any legal standing for demanding his money back for the subsequent repairs (and going to court if he had to)?

hartcjhart

is the garage the same place he purchased the car from??

Gene_Hunt_2

What was the time delay from buying it to discovering the rad was blocked?
When was the HG done and by who?

Hintza

Totally unrelated but does make the point. Today on the new build we were discussing hanging radiators and the guy wants wood dwangs/boards behind the plaster board to hold up the radiators.

He did say he could use plasterboard fixings but since he advised against it he wanted a paper signed to absolve him if someone pulled the radiators of the wall.

thebettingbride

No he purchased the car privately from some one, I think he realised the issue with the radiator within the first week. The HG was only a month old, I suppose it was done by a mechanic beforehand but we don't have those details to hand at the mo - partner will be seeing him again tomorrow to get more info.

Gene_Hunt_2

So no doubt the HG went due to a blocked rad, a bodged job was done and the car sold on.

What sort of car is it?

thebettingbride

Ok. That'll be unfortunate for him then. It's a Nissan Primera, 2002.

colino

I don't think this is the full story. It sounds like the mechanic was asked to investigate the fault, got the go ahead only to work on the rad and rightly, using his experience and skill, commented that this was only attending to one symptom and ensuring that his prediction that the HG was suspect could not come back to bite him.

thebettingbride

So the garage wouldn't be at fault if it was a bodge-job on the HG, but he was definitely told the HG was new and so sold the car under false pretences. I think he bought from a private citizen rather than a garage, but still would there be a way of holding this person to account for the subsequent costs he's incurred? (I'd be thinking of the small claims court - if he has evidence of being sold the car with a "new gasket" when it clearly wasn't, but then I've so many money issues of my own lately that I get angry a lot easier these days).

thebettingbride

colnio - it's the full story as far as I know it, it's my partner who's been relating to me what's been happening. I doubt the mechanic would have been asked to "investigate" the fault as much as he'd have been asked to find out what it was and fix it since this person depends on his car to get to work and would've wanted it fixed asap (especially since he'd only had it a week before needing to take it for repairs).

colino

It may well have been a new gasket, but battling against a blocked rad, the car was going to overheat again!