dispute between supplier / garage / customer
dispute between supplier / garage / customer
Author
Discussion

hungry horace

Original Poster:

166 posts

207 months

Thursday 31st July 2014
quotequote all
so, with a hypothesis :-) can people advise on the below and what they would do, genuinely. (please no frozen sausages this time)

in brief;

- car breaks down late at weekend, car recovered to local garage ("A"),

- during following week, "A" identify component at issue, but cannot source part in "new" condition, only recon / breakers yards,

- customer wants "new only" part so sources their own "new" part online,

- component supplied from recognised marque specialist, ("B"),

- component invoiced to, and delivered to customer,

- customer passes part onto "A" for fitting, and is invoiced by "A" for fitting,

- car collected,

- component fails within 2 days, car stranded and recovered once again to "A",

- "A" remove component, customer returns it to "B",

- component confirmed to be beyond repair / broken (again),

- party "A" convinced they fitted it correctly; party "B" convinced they supplied intact / pristine component,

- unhappy customer left with another nigh £1k bill for round 2...


i have spoken to a few legal professionals off the record at this stage, and understand there are acts for either side so perhaps their is a case once arbitrated; the Sale of Goods for the component, and also Provision of Services for the installation - but i am genuinely interested to know of other persons views before deciding on next step - which may even be forget it and chalk it down.

thanks in advance,

EDITED FOR POOR SPEELING

Edited by hungry horace on Thursday 31st July 22:11

SpeckledJim

34,513 posts

284 months

Thursday 31st July 2014
quotequote all
What sort of part?

If its a simple thing you can't really fit wrongly, that'll be different to a computer that can easily be installed/coded incorrrectly and doomed to fail.

anonymous-user

85 months

Thursday 31st July 2014
quotequote all
Yeah the part is the important part of the story......

hungry horace

Original Poster:

166 posts

207 months

Thursday 31st July 2014
quotequote all
hi, part in question is an expensive mechanical ancillary "bolted onto" most modern engines...

a turbocharger...

JM

3,170 posts

237 months

Thursday 31st July 2014
quotequote all
Something else causing the turbo to fail, so both A and B are correct.

Maybe.

anonymous-user

85 months

Thursday 31st July 2014
quotequote all
Have 'B' Inspected it and reported why it's failed? Did the previous turbo break up into bits or just seize up?

hungry horace

Original Poster:

166 posts

207 months

Thursday 31st July 2014
quotequote all
hi, thanks to all thus far - unit is now under 3rd party inspection; and previous unit had seized after big mileage. my own interpretation cannot understand relatively short time span of failure, yet not immediate? really curious about the whole case now!

aw51 121565

4,773 posts

264 months

Thursday 31st July 2014
quotequote all
JM said:
Something else causing the turbo to fail , so both A and B are correct.

Maybe.
Such as a blockage in the turbocharger's oil feed or drain (which also caused turbocharger no. 1 to fail), which "A" didn't check for nor rectify if/when found? wink

If so, "A" can't realistically finger "B" for that one frown .

Ah, the joys of fitting parts provided by another party and not one's own supplier vomit !

530dTPhil

1,421 posts

249 months

Thursday 31st July 2014
quotequote all
I have seen this happen with turbo replacements on Peugeot 1.6 diesel engines. Turbo fails, replace, next one lasts but a short time. The problem is usually a lack of oil supply caused by problems in the sump with blocked gauze, split pickup pipe or even a clogged feed to the turbo.

Too many people go for the effect without identifying the cause.

hungry horace

Original Poster:

166 posts

207 months

Thursday 31st July 2014
quotequote all
^ yes, totally understand the "i fitted" and "i supplied" stances, and that is the reason why i am tempted to chalk it down. however, its a lot of money to chalk down hence the genuine interest in the views of others; trade and public.

Cerbieherts

1,652 posts

172 months

Thursday 31st July 2014
quotequote all
Most garages aren't happy fitting third party parts, and often use it as a caveat if failure occurs. Wrongly so IMI.

johnoz

1,149 posts

223 months

Thursday 31st July 2014
quotequote all
Turbo for what car?

Jimmyarm

1,962 posts

209 months

Friday 1st August 2014
quotequote all
As others have said, both the turbo and the vehicle need inspecting by a third party to determine the cause of failure.

Most turbos we fit come with a set of instructions relative to the vehicle.

Fwiw, we won't fit turbos to the pug 1.6hdis as non of the turbo rebuilders will warranty them without a recon engine being fitted at the same time !