Motor Factors and defective parts

jamesd2013

Hi all

I recently had a new clutch and flywheel fitted to my car at a cost of 1300e.A few weeks later i started having problems and suspect the flywheel is gone again.Is the motor factors i bought it from liable as they are telling me i will have to pay for a new one and have it fitted while i wait for the manufacturer to deal with the defective one.If they are selling the part shouldn't they cover the cost?
Thanks

LordSinclair

The warranty is provided by the manufacturer, not the motor factor, and is subject to an inspection/failure analysis, by the manufacturer, to establish the cause of failure. The cause of failure could very well be:

(1) Your engine being excessively worn and damaging the component, (for example it could be an oil leak in your engine or gearbox, after contaminating clutch components).

(2) Failure of the component due to driver behaviour.

(3) A manufacturing defect within the component.

Warranties are always subject to terms & conditions, and the manufacturer will reserve the right to be subjected to costs arising from a warranty, depending upon the outcome of an inspection of the parts to establish the cause of failure.

This means returning the parts to the manufacturer for inspection & test. If you want to put in a new flywheel & clutch in the meantime, obviously you have to pay for this separately. If your warranty is successful, you will be refunded for the initial cost of the parts by the manufacturer, via your motor factor/supplier, and also will be covered to some extent for labour if you have applied for compensation in this regard under your warranty application.

Kristopherus

In Irish law the retailer is liable.

LordSinclair

Kristopherus wrote: »

In Irish law the retailer is liable.

The retailer is liable, but only if there is a design or manufacturing defect with the component. The retailer isn't liable if the parts have been damaged due to a cause that isn't associated with a design or manufacturing fault relating to the component you bought. The retailer isn't "absolutely" liable.

For example, if your car was stolen and the clutch you had fitted a month ago was burnt out after the car was rallied around a housing estate for the night, clearly the manufacturer or the retailer is not liable for the cost of the clutch replacement arising out of the car being stolen and joyridden.

The same is true for an engine defect, (say for example big end bearings gone, causing a crankshaft vibration that has destroyed a new flywheel), a common cause of failure, clearly, the manufacturer or the retailer is not liable for the costs arising from this.

A retailer is liable in law, but only in the event that the cause of failure of the component is related to the design or manufacture of the component. If the cause of failure is established to be unrelated to the manufacture or design of the component, then there is no liability arising. The only party with the specialised equipment that is needed to test the component, to establish the cause of failure, is the manufacturer, and this is why the parts have to be sent back to be tested, to establish liability. These parts can cost between 500 Euro and 1,500 Euro, so there is clearly a procedure to be followed when it comes to assigning liability, a motor factor can't just carry the risk, in the most likely event that the cause of failure is not related to the quality of the product, but has been caused through incorrect usage or external factors such as excess engine wear.

LordSinclair

Kristopherus wrote: »

In Irish law the retailer is liable.

If it's the sale of goods & supply of services act you are relying on there, it only covers liability in a scenario where the goods are not of "merchantable quality". The operating environment of the "goods" in this unique situation, where the component is working within a larger mechanical system, can be, and usually is, a primary factor, where a substantial reduction in the natural working & expected life of the product becomes apparent.