Faulty car part labour costs

bikermich

I bought a car part through parts gateway. The part said tested and had a 30day guarantee. The part cost £75 and cost £211 to fit. The car was MOTd within 39 days and the part was listed as failing. I contacted the part supplier who offered a replacement. I said they should pay for the labour cost to refit, they replied that they are not liable for labour costs. I wrote again stating the sale of goods act, they offered the part refund but no labour costs. Where do I  go from here? 

born_again

What part?

Does the guarantee mention MOT as a means of testing part?

caprikid1

That's the risk of supplying a garage parts especially SH parts.

Best advice move on, anything else is likely to be costly.

What was the part ?

bikermich

*mot picked up part failing within 30days. 

MyRealNameToo

bikermich said:

I bought a car part through parts gateway. The part said tested and had a 30day guarantee. The part cost £75 and cost £211 to fit. The car was MOTd within 39 days and the part was listed as failing. I contacted the part supplier who offered a replacement. I said they should pay for the labour cost to refit, they replied that they are not liable for labour costs. I wrote again stating the sale of goods act, they offered the part refund but no labour costs. Where do I  go from here? 

Sales of Goods Act was predominately repealed and now only applies to business purchases. For consumers there is the Consumer Rights Act 2015.

So was this a business purchase or have you simply quoted the wrong legislation? If you're going to quote legislation etc you have to be damned sure you are using the right thing as otherwise it highlights your ignorance. If you arent sure, just dont quote specific law. 

What is the part? Was it new or secondhand? Do you have confirmation its a part and not a fitting problem?

QrizB

MyRealNameToo said:

What is the part? Was it new or secondhand? Do you have confirmation its a part and not a fitting problem?

Parts Gateway is a second-hand car parts platform.

https://www.partsgateway.co.uk/

Second-hand parts often come with a 30-day warranty on the part, but this doesn't include fitting costs etc.

the_lunatic_is_in_my_head

It's a very straightforward situation: 

https://www.legislation.gov.uk/ukpga/2015/15/section/23

(2)If the consumer requires the trader to repair or replace the goods, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Labour to swap it over is their burden unless they decide to demonstrate that the original part did indeed conform to the contract, take the replacement, get it swapped, issue letter before action for the cost of re-fitting. 

Grumpy_chap

the_lunatic_is_in_my_head said:

It's a very straightforward situation: 

https://www.legislation.gov.uk/ukpga/2015/15/section/23

(2)If the consumer requires the trader to repair or replace the goods, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Labour to swap it over is their burden unless they decide to demonstrate that the original part did indeed conform to the contract, take the replacement, get it swapped, issue letter before action for the cost of re-fitting. 

Is that "cost of labour" relevant to any labour?

I can see that if an individual goes to a garage to supply and fit a replacement part and the part fails, then the garage that did the supply and fit is logically liable for the full supply and fit again.

In this case, the OP has purchased a second hand part and then given that to a mechanic to fit.  

born_again

£200 will be about 4 hours labour.
So going to guess this is something to do with suspension or running gear. 
Has car been used since fitting, what sort of distance? Which may have caused item to fail MOT?

OP only bought a part.

the_lunatic_is_in_my_head

Grumpy_chap said:

the_lunatic_is_in_my_head said:

It's a very straightforward situation: 

https://www.legislation.gov.uk/ukpga/2015/15/section/23

(2)If the consumer requires the trader to repair or replace the goods, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Labour to swap it over is their burden unless they decide to demonstrate that the original part did indeed conform to the contract, take the replacement, get it swapped, issue letter before action for the cost of re-fitting. 

Is that "cost of labour" relevant to any labour?

I can see that if an individual goes to a garage to supply and fit a replacement part and the part fails, then the garage that did the supply and fit is logically liable for the full supply and fit again.

In this case, the OP has purchased a second hand part and then given that to a mechanic to fit.  

https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/3/4/5

132.This section details a consumer’s right to insist on repair or replacement of faulty goods, the cost of which must be borne by the trader. This includes the trader bearing any costs involved in the removal of an installed item and reinstallation of a replacement.

Trader is welcome to perform the swap out themselves if they don't want to pay garage rates  

bikermich

the_lunatic_is_in_my_head said:

It's a very straightforward situation: 

https://www.legislation.gov.uk/ukpga/2015/15/section/23

(2)If the consumer requires the trader to repair or replace the goods, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Labour to swap it over is their burden unless they decide to demonstrate that the original part did indeed conform to the contract, take the replacement, get it swapped, issue letter before action for the cost of re-fitting. 

thank you - they’ve refunded the part now but I will look at that legislation about getting the labour refunded.