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Am i liable for fitting charge
2ndgear
Posts: 2 Newbie
ive purchased a part from a company and fitted it to my car but it has a fault. The company has offered a full refund but am i liable for the charge for fitting it or should they be paying for that cost as well?
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Comments
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What do their T&Cs say?
The Consumer Rights Act does not preclude you from claiming additional losses as a result of a faulty product but contracts of sale can cap them... its a painful area though given that by providing a defective product is a breach of contract.
Your wording suggests you fitted it yourself so what costs are there?1 -
Who fitted the part, you, the company you ordered it from or a third party?
What is the part?0 -
its a gearbox bought from a company, i paid a garage to fit. they have offered a full refund of the gearbox but i would have to pay to have it removed and replaced.0
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That is in all likelihood correct then as the garage will still have to perform that service and it is very rare that a returns policy will cover consequential losses. It is also why most garages will not fit third party products and will only fit ones they have procured themselves.0
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This is the right answer. Get the part returned and sorted and then send them a letter before action for the cost of 1 x fitting and 1 x removal.Sandtree said:
The Consumer Rights Act does not preclude you from claiming additional losses as a result of a faulty product but contracts of sale can cap them... its a painful area though given that by providing a defective product is a breach of contract.In the game of chess you can never let your adversary see your pieces0
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