New Clutch - Garage Liability?
in [Car Maintenance]
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From: Rob Graham on 27 May 2010 08:22 On 26/05/2010 20:18, Robert D. wrote: > Hello, > > A month ago we bought a six year old Mazda in a private sale that has > had the clutch replaced by an independent garage beginning of March > this year. The mechanic did not fit the speedo drive correctly, and as > a result gearbox oil has leaked out. The previous owner and myself did > not notice this through driving the vehicle. I took the car for an oil > change, and as they had noticed the issue, they checked it out. > > Not to be dettered, I tried another independent garage, to be 100% > sure that the speedo drive had been replaced incorrectly, and this was > the only possible cause of the gearbox basically soon to start > failing. The second garage confirmed the initial diagnosis: during the > fitting of the new clutch by the previous owner a few months ago, the > speedo drive was incorrectly refitted, with the gearbox likely to fail > very soon, with the garages surprised the car was still driving fine. > A look underneath and it was obvious that even with refilling the > gearbox with oil, it was just coming out again upon gear change during > drive. > > The garage who fitted the clutch (Alfa-Romeo garage, incidentally) > have said they only warranty work for 3000 miles or 3 months. > > My question is: as they incorrectly fitted the new clutch, as > confirmed by 2 independent garages who know the work would not be > carried out by them even before they found the problem, are the > original fitting garage liable in any way for some/all costs? The fact > they messed up so badly fitting the new clutch meant that nobody would > be any the wiser that there was a gearbox issue unless the gearbox was > partially dismantled in some respect. As I am the new owner of the > car, I wondered if that affected any work that had been done by the > previous garage. The clutch is consumable, so if it had gone again, I > would bite my teeth and pay for a new one, but as the garage fitted > the clutch badly originally, I can't help but strongly feel they are > liable in some respect for bad workmanship. I mean, fitting a speedo > drive incorrectly is pretty difficult! > > Many thanks for any responses. I'd get the previous owner to demand recompense, warranty or no warranty, present owner or not, or 'see you in court'. If the garage gets out of this then it's a pure technicality. They are absolutely liable. Rob Graham
From: steve robinson on 27 May 2010 09:33 Rob Graham wrote: > On 26/05/2010 20:18, Robert D. wrote: > > Hello, > > > > A month ago we bought a six year old Mazda in a private sale that > > has had the clutch replaced by an independent garage beginning of > > March this year. The mechanic did not fit the speedo drive > > correctly, and as a result gearbox oil has leaked out. The > > previous owner and myself did not notice this through driving the > > vehicle. I took the car for an oil change, and as they had > > noticed the issue, they checked it out. > > > > Not to be dettered, I tried another independent garage, to be 100% > > sure that the speedo drive had been replaced incorrectly, and > > this was the only possible cause of the gearbox basically soon to > > start failing. The second garage confirmed the initial diagnosis: > > during the fitting of the new clutch by the previous owner a few > > months ago, the speedo drive was incorrectly refitted, with the > > gearbox likely to fail very soon, with the garages surprised the > > car was still driving fine. A look underneath and it was obvious > > that even with refilling the gearbox with oil, it was just coming > > out again upon gear change during drive. > > > > The garage who fitted the clutch (Alfa-Romeo garage, incidentally) > > have said they only warranty work for 3000 miles or 3 months. > > > > My question is: as they incorrectly fitted the new clutch, as > > confirmed by 2 independent garages who know the work would not be > > carried out by them even before they found the problem, are the > > original fitting garage liable in any way for some/all costs? The > > fact they messed up so badly fitting the new clutch meant that > > nobody would be any the wiser that there was a gearbox issue > > unless the gearbox was partially dismantled in some respect. As I > > am the new owner of the car, I wondered if that affected any work > > that had been done by the previous garage. The clutch is > > consumable, so if it had gone again, I would bite my teeth and > > pay for a new one, but as the garage fitted the clutch badly > > originally, I can't help but strongly feel they are liable in > > some respect for bad workmanship. I mean, fitting a speedo drive > > incorrectly is pretty difficult! > > > > Many thanks for any responses. > > > I'd get the previous owner to demand recompense, warranty or no > warranty, present owner or not, or 'see you in court'. If the > garage gets out of this then it's a pure technicality. They are > absolutely liable. > > Rob Graham The garage has no liability unless they expressly state warranties are transferable If the prevous owner goes to court demanding recompense then he is likely to get nailed for fraud if he states he owns the vehicle when he clearly doesnt which is criminal not civil Get hit for all the court costs too even in SCT as the case would be seen as malicous
From: Rob Graham on 27 May 2010 09:53 >> I'd get the previous owner to demand recompense, warranty or no >> warranty, present owner or not, or 'see you in court'. If the >> garage gets out of this then it's a pure technicality. They are >> absolutely liable. >> >> Rob Graham > > > The garage has no liability unless they expressly state warranties > are transferable Work has to be fit for purpose. Written warranties are not the whole picture. > > If the prevous owner goes to court demanding recompense then he is > likely to get nailed for fraud if he states he owns the vehicle when > he clearly doesnt which is criminal not civil I certainly wouldn't suggest he did this. I'm suggesting he tells the repairer to pay up or else. > > Get hit for all the court costs too even in SCT as the case would be > seen as malicous Who would see it as malicious? And why malicious? The repairers buggered it up, for God's sake. Rob
From: Mrcheerful on 27 May 2010 10:04 Robert D. wrote: > Hello, > > A month ago we bought a six year old Mazda in a private sale that has > had the clutch replaced by an independent garage beginning of March > this year. The mechanic did not fit the speedo drive correctly, and as > a result gearbox oil has leaked out. The previous owner and myself did > not notice this through driving the vehicle. I took the car for an oil > change, and as they had noticed the issue, they checked it out. > > Not to be dettered, I tried another independent garage, to be 100% > sure that the speedo drive had been replaced incorrectly, and this was > the only possible cause of the gearbox basically soon to start > failing. The second garage confirmed the initial diagnosis: during the > fitting of the new clutch by the previous owner a few months ago, the > speedo drive was incorrectly refitted, with the gearbox likely to fail > very soon, with the garages surprised the car was still driving fine. > A look underneath and it was obvious that even with refilling the > gearbox with oil, it was just coming out again upon gear change during > drive. > > The garage who fitted the clutch (Alfa-Romeo garage, incidentally) > have said they only warranty work for 3000 miles or 3 months. > > My question is: as they incorrectly fitted the new clutch, as > confirmed by 2 independent garages who know the work would not be > carried out by them even before they found the problem, are the > original fitting garage liable in any way for some/all costs? The fact > they messed up so badly fitting the new clutch meant that nobody would > be any the wiser that there was a gearbox issue unless the gearbox was > partially dismantled in some respect. As I am the new owner of the > car, I wondered if that affected any work that had been done by the > previous garage. The clutch is consumable, so if it had gone again, I > would bite my teeth and pay for a new one, but as the garage fitted > the clutch badly originally, I can't help but strongly feel they are > liable in some respect for bad workmanship. I mean, fitting a speedo > drive incorrectly is pretty difficult! > > Many thanks for any responses. That is extremely early to need a clutch on a modern vehicle, was the clutch suspected because of another fault? Speedo drives are not normally touched during a clutch change. Speedo drives are always AFAIK at the top of the gearbox and so any oil leak will be trivial rather than it all fall out at once. You would certainly notice significant oil loss on a floor/parking space. You do not say what gearbox problems you have, nor how much oil was needed to top up the gearbox. Unless the box lost a very substantial quantity of oil then no damage will have been caused (by low oil level) After such a long time it would be impossible to prove that the original job was done carelessly. If you have changed your mind about the car then just get rid of it and get something else.
From: Andy Cap on 27 May 2010 10:06
On Thu, 27 May 2010 14:33:58 +0100, "steve robinson" <steve(a)colevalleyinteriors.co.uk> wrote: >If the prevous owner goes to court demanding recompense then he is >likely to get nailed for fraud if he states he owns the vehicle when >he clearly doesnt which is criminal not civil Why can't the original owner claim, on the grounds that he has had to recompense the purchaser, which he should do anyway because he sold him a pup? Andy C |