Where do I stand on faulty parts

[jowen7448]

I am just wondering if anyone knows where I stand on the following:

 

Recently purchased 2 front wheel bearings from a supplier ( I won't name names until I have either a positive or negative resolution). On fitting there seems to be some issue with the ABS sensor which is disabling ABS, traction control and lighting the dash up like a christmas tree. The mechanic who fit them for me assures me that the sensor itself is still working and that it is likely a dodgy bearing. I called up the supplier to explain what I had been told and they claim it is most likely the mechanic damaged the part on fitting (this seems a little far fetched as far as I can tell since it is a bolt off bolt on assembly and I have never had issues with this particular garage before.) They said that I could post it back and they will assess for damage before deciding on whether or not I would receive a replacement under warranty. Whilst it would be much easier for me if they could send me a new one out prior to taking the other off the car I can't deny that at this stage they are being reasonable. The bit that I am intrigued by is this:

 

Say I send it back and it is deemed to be faulty. In order to do so I am going to have to refit the old bearing for now which will cost me the fitting charge at the garage and then postage, they send me a new one and I then have to pay to have it fit again. If they are liable for supplying a faulty product where do I stand on the 2*cost of fitting + postage in order to be able to send the old one back.

 

If they deem it to be damaged, caused during fitting then I am properly stuffed as I need to not only pay the above costs but also buy a new wheel bearing as well.

 

Anyone know where I stand here?

[ZMANALEX]

Shipping and fitting charges will be at the discretion of the supplier, however do not hold your breath on the latter.

 

Also, by damage, I think that they are referring to damage to the ABS plastic pick up ring on the bearing, however that will be obvious on inspection.

 

I have only seen this once on a new bearing and it was only a 1mm x 1mm indentation.

[Tarmac@TarmacSportz]

No supplier will accept liability for fitting costs on faulty goods i'm afraid, most don't usually accept liability for shipping costs either.

 

 

p.s, in case anyone is thinking it, it's not us as we don't supply wheel bearings

Edited June 6, 2016 by Tarmac@TarmacSportz

[jowen7448]

Thanks to both for replies, that is a bit of a pain but not entirely unexpected. Would have been less of a sting if I had the facility/time to do them myself but current situation that is not the case.

[jowen7448]

Also I was wondering what the chance of this being caused by poor alignment is. I noticed yesterday that the steering wheel doesn't sit dead straight when not turning. Alignment is on my to do list since have done various bits at the front end recently but was waiting until the wheel bearing was sorted first. Any chance this is contributing to the issues?

[Ekona]

Hang on, let's start at the start here.

 

You say you bought it recently, within 30 days I assume? That's good. Under the CRA if the part is faulty then it's down to the supplier to pay for return carriage: No ifs, no buts. That's enshrined in law. However, they're claiming the part was damaged upon fitting, so you need proof it isn't. How do you get this? Simple, you take the bearing to A N Other garage and ask them for their opinion. Don't tell them the whole back story up front, simply ask them to confirm whether they believe it was fitted incorrectly or buggered when it arrived.

 

Now, if they say it was likely to be caused by fitting incorrectly then you go back to the garage and make THEM pay for a new one. If they refuse, you either suck the cost up yourself or you take them to court.

If they say that it was broken on arrival, then you tell the supplier that and that you want a replacement, and that it's up to them to arrange for the old one to be taken back. If they refuse, you either suck the cost up yourself or you take them to court.

 

Very, very simple. What would I do? Well, practically I'd go and buy a new bearing (preferably from somewhere else) and get that fitted, then at least you have a working car. At that point you then chase either avenue above, depending on who was at fault. I suspect either way you'll end up writing a letter or even starting Small Claims Court proceedings to get your money back, but you shouldn't be out of pocket nor will you be without a car.

[jowen7448]

Hang on, let's start at the start here.

 

You say you bought it recently, within 30 days I assume? That's good. Under the CRA if the part is faulty then it's down to the supplier to pay for return carriage: No ifs, no buts. That's enshrined in law. However, they're claiming the part was damaged upon fitting, so you need proof it isn't. How do you get this? Simple, you take the bearing to A N Other garage and ask them for their opinion. Don't tell them the whole back story up front, simply ask them to confirm whether they believe it was fitted incorrectly or buggered when it arrived.

 

Now, if they say it was likely to be caused by fitting incorrectly then you go back to the garage and make THEM pay for a new one. If they refuse, you either suck the cost up yourself or you take them to court.

If they say that it was broken on arrival, then you tell the supplier that and that you want a replacement, and that it's up to them to arrange for the old one to be taken back. If they refuse, you either suck the cost up yourself or you take them to court.

 

Very, very simple. What would I do? Well, practically I'd go and buy a new bearing (preferably from somewhere else) and get that fitted, then at least you have a working car. At that point you then chase either avenue above, depending on who was at fault. I suspect either way you'll end up writing a letter or even starting Small Claims Court proceedings to get your money back, but you shouldn't be out of pocket nor will you be without a car.

 

Part was delivered May 24th so definitely within last 30 days. I am putting the old bearing back on tomorrow (one was in much better nick than the other, I changed both at the time as a matter of course so in theory there isn't anything particularly bad about this option was just trying to kill both birds with one stone). I will then take the bearing to another mechanic as you suggest before moving further forward. I am kind of hoping at this point it is faulty as I would not want to cause bad blood with the garage as they are pretty good, do things quickly for me, fit me in at short notice and generally give me competitive pricing as well as being hugely convenient within walking distance.

 

I also hate the idea of starting small claims proceedings as a) I am not particularly confrontational in nature and it's all time and hassle (time being the thing i don't have bundles of). Will see what the bearing looks like when it comes off. Of course if the old bearing goes on and I still have the sensor issue then we are talking about a different kettle of fish but will have to wait and see what happens.

[Ekona]

Pay me £25 and I'll do it all for you (excluding court costs etc). Much cheaper than a solicitor, and I love a good scrap!

 

Tbh I wouldn't p*ss a decent garage off either, but then how good are they if they can't fit a bearing?

[jowen7448]

Pay me £25 and I'll do it all for you (excluding court costs etc). Much cheaper than a solicitor, and I love a good scrap!

 

Tbh I wouldn't p*ss a decent garage off either, but then how good are they if they can't fit a bearing?

 

Hahaha that does not surprise me. It wouldn't be worth me doing if I were to incur court costs since I could just buy a new bearing and be better off. I don't believe that they can't fit a bearing and really can't see how they would have damaged it, fair enough if there was some pressing out and in to do but since we are talking full assembly I just can't see how you would. It was more the fact that the supplier jumped to this before even seeing the bearing. They also told me this was an OEM part (on the phone when I rang about fault, not before the purchase, I assumed I was buying none OEM based on price difference and was happy with that as not had a problem here before). I still don't know if I believe the OEM bit I also guess that you never really know a company's mettle until you have something to complain about. Will see how it goes when the bearing comes off in the morning, I can at least compare it side by side with the old one to see if the pickup ring looks damaged.

[Ekona]

Any costs you incur are paid back to you when the case is settled in your favour. It really is a piece of cake.

[jowen7448]

Any costs you incur are paid back to you when the case is settled in your favour. It really is a piece of cake.

 

But that is an if not a when. And presumable if it's settled in the defending party's favour that works the other way around too?

[Ekona]

It's only the cost of starting the claim.

 

Besides, if you have proof it was broken before fitting then you've nothing to worry about. They'd back down long before it ever came to court, trust me.

[jowen7448]

Thanks for all your comments Ekona. Will see what comes off the car

[ZMANALEX]

I doubt if you were supplied a faulty bearing and even if you were, proving it is faulty is a completely different matter.

 

Depending on who the supplier is, getting them to take responsibility may prove extremely difficult.

 

If it was me, I would replace the sensor as that is a 2 minute job.

 

If that does not fix it, then I would fit another bearing and then review my options after that.

 

Principles can be costly and to much hassle for such a non expensive part.

 

Suck it up and move on and learn from this experience.

[jowen7448]

I doubt if you were supplied a faulty bearing and even if you were, proving it is faulty is a completely different matter.

 

Depending on who the supplier is, getting them to take responsibility may prove extremely difficult.

 

If it was me, I would replace the sensor as that is a 2 minute job.

 

If that does not fix it, then I would fit another bearing and then review my options after that.

 

Principles can be costly and to much hassle for such a non expensive part.

 

Suck it up and move on and learn from this experience.

 

Appreciate the advice. How much are we looking at for a replacement sensor? I think I remember you saying you had some of these in stock.

 

I suspect the likelihood of me putting a load of hassle into this is relatively small but at the same time if the bearing is causing the issue I don't want to just bend over and take it.

[ZMANALEX]

Happy to send you a sensor so that you can try it as a process of elimination.

 

All I ask is that you cover the postage both ways if it does not fix your issue.

 

We can discuss the price later if you wish to keep it.

 

Alex.

[jowen7448]

Happy to send you a sensor so that you can try it as a process of elimination.

 

All I ask is that you cover the postage both ways if it does not fix your issue.

 

We can discuss the price later if you wish to keep it.

 

Alex.

 

Alex that is a very kind offer that I may well take you up on. I will let you know over the next couple of days if that is ok?

[ZMANALEX]

Happy to send you a sensor so that you can try it as a process of elimination.

 

All I ask is that you cover the postage both ways if it does not fix your issue.

 

We can discuss the price later if you wish to keep it.

 

Alex.

 

Alex that is a very kind offer that I may well take you up on. I will let you know over the next couple of days if that is ok?

 

In your own time mate..

 

What side are we dealing with here?

[jowen7448]

Happy to send you a sensor so that you can try it as a process of elimination.

 

All I ask is that you cover the postage both ways if it does not fix your issue.

 

We can discuss the price later if you wish to keep it.

 

Alex.

 

Alex that is a very kind offer that I may well take you up on. I will let you know over the next couple of days if that is ok?

 

In your own time mate..

 

What side are we dealing with here?

 

Nearside

[ioneabee]

Happy to send you a sensor so that you can try it as a process of elimination.

 

All I ask is that you cover the postage both ways if it does not fix your issue.

 

We can discuss the price later if you wish to keep it.

 

Alex.

 

Alex that is a very kind offer that I may well take you up on. I will let you know over the next couple of days if that is ok?

 

In your own time mate..

 

What side are we dealing with here?

 

Nearside

I never know which side is "nearside" and which is "offside"

[jowen7448]

Happy to send you a sensor so that you can try it as a process of elimination.

 

All I ask is that you cover the postage both ways if it does not fix your issue.

 

We can discuss the price later if you wish to keep it.

 

Alex.

 

Alex that is a very kind offer that I may well take you up on. I will let you know over the next couple of days if that is ok?

 

In your own time mate..

 

What side are we dealing with here?

 

Nearside

I never know which side is "nearside" and which is "offside"

 

Nearside is near the kerb or passenger side in a UK vehicle

[Kieran O'Quick]

It's bloody awful when you have to just bend over etc. It can really niggle at you for years. If you're not having any joy don't be put off by the notion of the court stuff. Small claims stuff is pretty good fun if you are in the right. It's just a matter of firing off a couple of letters - but most people don't want the hassle of a court case so don't bother starting it. You've got to bear in mind that the "other guy" is thinking exactly the same so will generally settle when pushed. Especially if he gets good advice.

 

And if you've got a clubmate who knows their stuff like Ekona willing to do some ground work it's a bonus. Solidarity comrades.

 

One catch with distance purchases is that the procedures have to be eventually seen out in the defendant's local court if it goes that far, which can be off-putting. Shopping local still has benefits. But if the worst comes there are Litigant in Person rules that can kick in and give you travel time allowances. Not 100% sure what it is for SCC but I got £18 per hour spent traveling plus the cost of the journey. Stops people taking the pee because they're distant.

 

Edit - Oh, and the hotel too..

Edited June 6, 2016 by Kieran O'Quick

[jowen7448]

It's bloody awful when you have to just bend over etc. It can really niggle at you for years. If you're not having any joy don't be put off by the notion of the court stuff. Small claims stuff is pretty good fun if you are in the right. It's just a matter of firing off a couple of letters - but most people don't want the hassle of a court case so don't bother starting it. You've got to bear in mind that the "other guy" is thinking exactly the same so will generally settle when pushed. Especially if he gets good advice.

 

And if you've got a clubmate who knows their stuff like Ekona willing to do some ground work it's a bonus. Solidarity comrades.

 

One catch with distance purchases is that the procedures have to be eventually seen out in the defendant's local court if it goes that far, which can be off-putting. Shopping local still has benefits. But if the worst comes there are Litigant in Person rules that can kick in and give you travel time allowances. Not 100% sure what it is for SCC but I got £18 per hour spent traveling plus the cost of the journey. Stops people taking the pee because they're distant.

 

Edit - Oh, and the hotel too..

 

Cheers Kieran, bit annoying but we will see what the new bearing comes back off like. The supplier actually have a base in Wakefield so I don't mind going down there to chat to them etc too. Might actually be cheaper than posting it with the weight of the bearing anyway although as Ekona points out if it turns out to be faulty the supplier is liable for the postage costs. Pain in the rear really as I need the car as I travel all over, supposed to be going up to Newcastle this morning but that will be delayed til this afternoon now with switching the bearings back over. Also means I don't have time to wash it before going up there which I loathe. Hate going anywhere with a dirty car. To me it's a first impression when you arrive at a client site (one of the reasons I didn't go temper orange Zed too). Claire think I'm mental especially as in lots of cases there is a high chance noone will actually see it connected to me but it's as important to me as never being late.

[jowen7448]

An update on this, old bearing back on, issue has disappeared. No visible signs of damage to the new bearing which came off the car which makes me think that there is likely something faulty to do with the pick up ring.

 

Thanks for all advice, Alex it wasn't that I was ignoring your suggestion of the sensor as a cheap way to rule it out, just the garage are only chargin me £28 to change the bearing so by the time I had done postage both ways and the extra time involved it was 6 and two 3's as to what was the most cost efficient way to rule something out. I really appreciate the offer.

 

Will now get back onto supplier for a replacement bearing.

[Ekona]

Good luck, keep us updated