Reimbursement of costs for warranty work

[Escort3500]

Morning all

I’d very much appreciate advice from legal types or those who’ve had experience of such matters before deciding whether to pursue reimbursement of indirect costs from the manufacturer for warranty work.

Our motorhome is subject to a warranty recall due to partial de-lamination of the floor. The vehicle has to be taken to an appointed agent some 80 miles from us, and will be there for about two weeks, necessitating two 2-way journeys for us. However, because of my wife’s medical circumstances we’re loathe to take the vehicle to them ourselves in the current Covid climate. The agent has quoted £260 to collect and return the vehicle, which seems reasonable given it involves two drivers undertaking the four 1.5-2 hour trips.

We’re wondering what liability, if any, the manufacturer has for this indirect cost, given that it’s a manufacturing defect rather than a problem of our making etc.

Many thanks

[Durzel]

IANAL.

I’d say probably no liability. Your decision not to travel (COVID rules notwithstanding) are entirely your own decision. Other people would not have an issue doing it.

I don’t think it’s fair for you to expect the dealer/manufacturer to weather a completely avoidable expense.

Also I might be missing something obvious but why does your wife need to travel for this work to be done? Can you not take the motorhome there yourself and (presumably) drive the loan car back?

[PrinceRupert]

Durzel said:

IANAL.

I’d say probably no liability. Your decision not to travel (COVID rules notwithstanding) are entirely your own decision. Other people would not have an issue doing it.

I don’t think it’s fair for you to expect the dealer/manufacturer to weather a completely avoidable expense.

If you are not a lawyer and don't know what you're talking about, why guess? It isn't helpful to OP. Last time I checked fairness wasn't a relevant concept under contract law.

[PrinceRupert]

Legal advice isn't something that lends itself to uninformed opinion.

Edited by topsey.mod on Thursday 11th February 09:58

[sociopath]

Let's leave Durzel and Prince Rupert to rant at each other, but why do you think you're entitled to anything based on your personal decision not to travel?

Also, this doesnt sound like a necessary journey, so why not leave the recall until after lockdown?

[Escort3500]

sociopath said:

Let's leave Durzel and Prince Rupert to rant at each other, but why do you think you're entitled to anything based on your personal decision not to travel?

Also, this doesnt sound like a necessary journey, so why not leave the recall until after lockdown?

Take your point and think you're probably correct. There’s a degree of urgency, however, as I understand the recall involves a fairly large number of m/homes, and due to Covid (obviously) repairs have been significantly delayed. As the dealership is currently closed due to the regs they’re concentrating on the repairs, so we don’t want to miss the opportunity to get it done now rather than when they re-open and the repairs have less priority.

[Rushjob]

Legality aside, is it worth less than £300 to you and your wife to get this done under warranty? I think you already know the answer.......

[mcflurry]

Can your other half stay in the car when you arrive at the garage, and then give you a lift home?

[tinnitusjosh]

I would be astonished if you were able to successfully argue that "minor repairs to the floor on my motorhome" was reasonable excuse to be outside of your home for the purposes of the covid regs

[Gareth79]

tinnitusjosh said:

I would be astonished if you were able to successfully argue that "minor repairs to the floor on my motorhome" was reasonable excuse to be outside of your home for the purposes of the covid regs

Travel to a business for vehicle repairs is a specific exemption in law. Cosmetic repairs to a motorhome is probably not in the spirit of the exemption, but it would be legal.

[Escort3500]

mcflurry said:

Can your other half stay in the car when you arrive at the garage, and then give you a lift home?

Unfortunately, for medical reasons she doesn’t drive

Edited by Escort3500 on Friday 12th February 13:18

[Escort3500]

Gareth79 said:

tinnitusjosh said:

I would be astonished if you were able to successfully argue that "minor repairs to the floor on my motorhome" was reasonable excuse to be outside of your home for the purposes of the covid regs

Travel to a business for vehicle repairs is a specific exemption in law. Cosmetic repairs to a motorhome is probably not in the spirit of the exemption, but it would be legal.

I think you’re correct re: the legality, but I wouldn’t want to get into an argument with an overly officious PC

We’ve decided therefore to get the van collected and returned to avoid any potential hassle, and accept that it’s not something the manufacturer is financially liable for.

Thanks for everyone’s comments

[paintman]

May be worth speaking to the manufacturer, after all, it's a recall not an issue you've found.
Nothing to lose.

[MorganP104]

paintman said:

May be worth speaking to the manufacturer, after all, it's a recall not an issue you've found.
Nothing to lose.

Agreed. I think this falls into the category of "don't ask, don't get".

If they tell you to get stuffed, you've lost nothing but the time spent on the phone. Conversely, the manufacturer may surprise you with a goodwill gesture payment, covering some (or all) of the transport costs.

Worth an ask, I'd say.

[sunbeam alpine]

Might be worth negotiating. I managed to get a 50% reduction in collection/return fees last year (for a lump of agricultural machinery).

[Escort3500]

I’ll probably give it a go then guys!