Issue with car repair - Invoice states no warranty
Issue with car repair - Invoice states no warranty
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Discussion

illmonkey

Original Poster:

19,819 posts

227 months

Wednesday 17th July 2019
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In April I had my clutch replaced, I went to a chain as it was convenient. I have raised issue with their work, as they forgot to do my hub nut up, causing the car to be dangerous. I am currently in discussion with the NCS regarding this part of the issue. They don't seem to be that bothered about their work and keep dismissing me.

But, a few days ago, the transmission started making an awful noise, I've not driven it since. I want to approach the company and explain, seeing what they are prepared to do about it. Unfortunately, with the car it is, any diagnosis will mean the gearbox has to come off, which is a 8+ hour job. The biggest issue is that my invoice states that "no warranty is given as vehicle has been modified and is used for track days".

My question is, is that legally allowed to be a 'get out of warranty' clause on a invoice? Obviously if it is, i have no leg to stand on, but surely people get clutches fitted, go rag it on the road and they break.

I figure, if I do get around the warranty, I'd still have to hand the car over to them for tem to investigate, but I really don't want them working on my car, given the first issue and that the clutch/bearing seems to have gone after 4 months. My alternative is to get someone else to take it apart and see what has caused the issue, then approach them with that info.

TIA

t400ble

1,804 posts

150 months

Wednesday 17th July 2019
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What car is it?

illmonkey

Original Poster:

19,819 posts

227 months

Wednesday 17th July 2019
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Clio 182

anonymous-user

83 months

Wednesday 17th July 2019
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NCS?

How many miles since they did the job? It’s hard to see what they might have done wrong if it was OK for several months but not impossible, especially if you didn’t use it much.

illmonkey

Original Poster:

19,819 posts

227 months

Wednesday 17th July 2019
quotequote all
NCS = National Conciliation Service. A sort of mediator.

I have done maybe 4k in the car, it is my daily, but has some track car type improvements, so fairly obvious...

If it had a warranty, I imagine they'd consider investigating, then we determine who is at fault. But if no warranty, I won't use them, and use a specialist.

hutchst

3,727 posts

125 months

Wednesday 17th July 2019
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You haven't stated the fundamental basis of the claim that you are trying to mediate. On the assumption that it based on fitness for purpose, you need to have a bit of a think about the definition of the purpose.

BertBert

21,265 posts

240 months

Wednesday 17th July 2019
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Have you done track days since the clutch job?

Vaud

59,497 posts

184 months

Wednesday 17th July 2019
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So a modified car, at (10+ years old?) has a clutch replaced.

It's possible that they caused transmission damage that didn't immediately appear.
It's also possible that the transmission issue appeared by coincidence.

Going to be tricky to prove.

BertBert

21,265 posts

240 months

Wednesday 17th July 2019
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Also it'll be a question of whether it is a clutch problem or a gearbox problem.

ging84

9,548 posts

175 months

Wednesday 17th July 2019
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I think the simple answer is yes they can exclude anything they like from their warranty, but you still have statutory rights.
How your statutory rights apply when you took a track modified car to what sounds like a fairly budget garage not a track or performance car specialist might be quite subjective.

5lab

1,920 posts

225 months

Wednesday 17th July 2019
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I think statutory rights are where you need to go, but it depends a bit on the conversation. If you went in and said 'could you supply and fit a new clutch for my car' and they did, but then crossed out the warranty, I think you've got a case (as they have selected and installed the part themselves). If you listened to advice that it may not last long, then got them to do it anyway, you're probably without hope.

meatballs

1,140 posts

89 months

Wednesday 17th July 2019
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Take it somewhere else, find out what's wrong. If it is due to negligence on the part of the original garage, get evidence and use small claims court.

mattyprice4004

1,342 posts

203 months

Wednesday 17th July 2019
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Am I missing something?
Your transmission (gearbox) is making the noise, they did a clutch replacement and you’re surprised they aren’t just going to take it apart for free?
It could be completely unrelated, and I’d wager that if it was just a gearbox failure (which does happen on 182s) you’d still argue the toss with them even though it’s not their fault.

It’s a 10+ year old car, most likely something else has broken, it happens. Agree to pay up if it’s unrelated, or take it elsewhere.
I’d say it’s unlikely the noise is from the clutch, as there’s really nothing apart from the release bearing that could make a noise as you describe.

Edited by mattyprice4004 on Wednesday 17th July 22:00

Ady-GTI

32 posts

239 months

Tuesday 30th July 2019
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A clutch is not a warranty item, you can wear out a clutch just sitting still, yes abuse is obvious to who-ever takes it a part. Also, the gearboxes of the Clio 182's are very delicate and are well known to destruct in numerous ways.

Since it's been over 4000 miles since the clutch change I think you have just been unlucky to get a fault in that area. By all means take it to another garage, but I think they'll find it's unrelated to the clutch change.

cossy400

3,463 posts

213 months

Tuesday 30th July 2019
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Someone help me out. 8 plus hours to drop a gearbox on a Clio.....

Batfink

1,032 posts

287 months

Wednesday 31st July 2019
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cossy400 said:
Someone help me out. 8 plus hours to drop a gearbox on a Clio.....
Book time from Renault says that. A random garage would base their charges on that. A Renault specialist will have done it dozens of times and will be far far quicker.

illmonkey

Original Poster:

19,819 posts

227 months

Wednesday 31st July 2019
quotequote all
I have had the car 'inspected' (listened to!) whilst driving by 2 seperate garages, who both thing gearbox. I now have it booked in for gearbox removal, inspection and recondition. At the same time they will look at the clutch, if it's anything other than OEM, I will hit the roof with the original supplier, as that's what was specified.

I have gone back and forth with the original supplier/installer and am getting no where. I have been offered a 'gesture of good will' that won't cover a takeaway, but they are not budging. Still not even offered to inspect at a reduced rate or anything. Anyway, it's off to the other garage to be checked, I will then resume talks with the original firm. Looking at £600 for a removal, bearing/seal/oil swap and refit, new clutch if this one is in any way borked. Not too bad.

Yea, book time is 8 hours to remove and swap the clutch. It's a case of subframe off and some other time consuming bits.


cossy400

3,463 posts

213 months

Wednesday 31st July 2019
quotequote all
illmonkey said:
I have had the car 'inspected' (listened to!) whilst driving by 2 seperate garages, who both thing gearbox. I now have it booked in for gearbox removal, inspection and recondition. At the same time they will look at the clutch, if it's anything other than OEM, I will hit the roof with the original supplier, as that's what was specified.

I have gone back and forth with the original supplier/installer and am getting no where. I have been offered a 'gesture of good will' that won't cover a takeaway, but they are not budging. Still not even offered to inspect at a reduced rate or anything. Anyway, it's off to the other garage to be checked, I will then resume talks with the original firm. Looking at £600 for a removal, bearing/seal/oil swap and refit, new clutch if this one is in any way borked. Not too bad.

Yea, book time is 8 hours to remove and swap the clutch. It's a case of subframe off and some other time consuming bits.
Sounds like a st storm all round.

good luck

illmonkey

Original Poster:

19,819 posts

227 months

Wednesday 31st July 2019
quotequote all
cossy400 said:
Sounds like a st storm all round.

good luck
Thanks. I just want a working car now! Getting tiresome

BertBert

21,265 posts

240 months

Wednesday 31st July 2019
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I'm very confused as to what you think the clutch people owe you. They changed the clutch and many miles later, your gearbox has a problem. How is it related to the clutch change?
Bert