Faulty car parts from main dealer

JohnnyC1969

Hi,

I bought a brand new OEM radiator from a BMW dealership to fit myself (I have a long list of reasons why I don't allow dealerships to work on my cars).

Upon fitting the radiator and filling it with coolant, it leaked. This is before even starting the car, so the coolant system wasn't even pressurised.

Now then, the dealership refuse to refund or exchange the item unless I get my car to them at expensive, which will be an expense as it can't be driven.

They told me if I hadn't fitted the part already, returning it would be no problem - do they really think I bought it to sit on some shelves?
There's no way I could have found out it was faulty unless I fitted it. Well I could have poured water into it, but I honestly thought BMW had some sort of quality control to save me this bother!

Where do I stand legally?

John.


ps. They did exactly the same with a fuel pump I bought nearly 2 years ago, the fuel level sender on it didn't work. So in that case I was able to take the car to them - but I wasted an afternoon off work and they damaged the paintwork on my car by simply washing it - which then took THREE further visits to them to rectify.

forgotmyname

You bought a part so take said part back for a replacement or refund.

JohnnyC1969

As said, they refuse.

chrisw

There is no need to take the car to them, they must replace the faulty part in accordance with the Consumer Rights Act 2015.

The only exception is if you've damaged it during installation.

JohnnyC1969

And what does one do when they refuse (as they have done) ?

neilmcl

JohnnyC1969 wrote: »

And what does one do when they refuse (as they have done) ?

Letter Before Action (LBA) the potentially Small claims court.

Have you actually taken the radiator back to the dealership?

Ectophile

Legally, it's the same as any other goods. If it was faulty when delivered, you have a right to a full refund within 30 days.

Other courses of action:
If the radiator was more than £100 and you paid by credit card, contact the card company and ask for a refund under Section 75 of the Consumer Credit Act.
If it was less than £100, or you paid by debit card, ask for a chargeback instead.

forgotmyname

Never had any issues taking a faulty part back, sometimes they want to test it before refunding. But usually thats when i need a refund rather than a replacement.

Never had one refuse a replacement.

AdrianC

chrisw wrote: »

The only exception is if you've damaged it during installation.

...and that, right there, is exactly what they're expecting the problem to be.

neilmcl

AdrianC wrote: »

...and that, right there, is exactly what they're expecting the problem to be.

But it'll be up to the supplier, in this case the dealership, to prove it.

AdrianC

neilmcl wrote: »

But it'll be up to the supplier, in this case the dealership, to prove it.

Which is why they're asking to inspect it.