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what are my rights re: garage work 6 months on

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Comments

  • verityboo
    verityboo Posts: 1,017 Forumite
    So if under rated shocks are fitted to a vehicle for 179 days they are wrong but ok after 190 because that's what you're saying.

    The point is that up to 6 months it is for the garage to prove or provide evidence that the part they fitted is the correct spec. After 6 months it is for OP to provide proof or evidence that the part is the wrong spec.

    The OP still hasn't come back and said what the exact working of the advisory was........
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    So if under rated shocks are fitted to a vehicle for 179 days they are wrong but ok after 190 because that's what you're saying.

    No, that is not what i've said! And that is not what the law says either.
  • verityboo wrote: »
    The point is that up to 6 months it is for the garage to prove or provide evidence that the part they fitted is the correct spec. After 6 months it is for OP to provide proof or evidence that the part is the wrong spec.

    The OP still hasn't come back and said what the exact working of the advisory was........

    The purchaser would have to prove it's the wrong part what ever the period of time if it hasn't failed?
  • verityboo
    verityboo Posts: 1,017 Forumite
    The purchaser would have to prove it's the wrong part what ever the period of time if it hasn't failed?

    As per 'arcon5's previous statements, if it went to court and it was less than 6 months then the judge would expect the garage to provide the proof that the part was the correct spec. After the 6 months it would be for the OP to provide evidence that the part is the wrong spec - so the 6 months makes a big difference
  • verityboo wrote: »
    As per 'arcon5's previous statements, if it went to court and it was less than 6 months then the judge would expect the garage to provide the proof that the part was the correct spec. After the 6 months it would be for the OP to provide evidence that the part is the wrong spec - so the 6 months makes a big difference

    Ok, I'll give up.

    So within six months the op would need evidence.

  • So within six months the op would need evidence.

    No.
    Within 6 months, all the OP has to do is to take legal action against the garage and the onus of proof is on the garage.
    They would be required to provide proof that the part they fitted was suitable for its intended use.

    It is only after the initial 6 months that the OP would be the one who needed to provide proof that the part wasn't suitable.

    Forget about a car and think of something like a TV.
    If you buy it and it fails after 2 months, the failure is assumed to been have been caused by a problem during manufacture (faulty or unsuitable part or wrongly assembled). If the retailer doesn't think this is the case, they must prove their suspicion.

    If the same TV failed after 6 months, the purchaser may be asked to prove that the failure was due to a manufacturing defect and not misuse.
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