Reconditioned gearbox repair

I drive a 2005 Honda Jazz. In June I took my car to a local garage and discovered that the gearbox needed replacing. The garage replaced it with a reconditioned gearbox and new clutch at a total cost of £800.


Within 3 weeks, I noticed that the "new" gearbox was making the same noises, albeit a lot quieter, so I took it back to them. They took it for a test drive and denied hearing the noise. I do believe them about this part, as at this stage it was intermittent, and only mild in first and second gears. Two months down the line and it's grinding away in 1st to 4th, just as bad as the old gearbox.


The garage have confirmed that it is a gearbox issue and it does need replacing, and that they will cover the cost of the gearbox, but will charge me £270 for the labour, as the warranty is only on the parts, not the labour. From my perspective, I feel like they fit what was essentially a faulty part, so it is their responsibility to correct this. Am I right or are they?

Comments

  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If they supplied you with the part then you are in the right. If they told you what it needed and you sourced your own part for them to fit then they are right.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If they supplied the goods then any lack of conformity that appears in the first 6 months would be assumed to be inherent (Consumer Rights Act doesn't distinguish between new & reconditioned or secondhand) and it would be for them to prove otherwise.

    If they can't prove otherwise then they're liable for the costs involved in providing a repair or replacement - in particular the cost of postage, materials and labour.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Be very clear when speaking to them that you are not making a claim under their warranty, and their warranty terms are irrelevant to this matter. You are claiming under your statutory rights, the consumer rights act, which makes them liable as Fosterdog and unholyangel say above. Attempting to deny any person their statutory rights is an offence in itself.
  • z1a
    z1a Posts: 2,522 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    edited 28 September 2017 at 7:43PM
    Just wondering if a 12 year old Jazz was worth spending that sort of money on to start with.

    That said, I agree with above poster.
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