Garage fitted lesser-spec parts

[kp278]

hi, my car went through its mot on 20/02/2009 and failed on two front suspension springs, which i asked the garage to replace and they duly did, car passed mot and i collected my car and paid the bill. over the last couple of days i've noticed that the front of my car looks rather high. i have an sri model which comes from the factory with lower and uprated suspension compared with a standard model. i have a feeling they have fitted lower spec standard springs instead of sri springs. i dont believe the garage have done it on purpose.

 

do i have to pay the cost difference between the springs (estimate £50)? or can i expect the garage to remedy their mistake at no additional charge to myself?

 

(usually i do mechanic work myself but the difference between me doing it and the garage doing it wasnt enough for me to waste a day or two doing the work. had the price been much higher i probably would have done the work myself as i would have saved that much more.)

[legalpickle]

hi, my car went through its mot on 20/02/2009 and failed on two front suspension springs, which i asked the garage to replace and they duly did, car passed mot and i collected my car and paid the bill. over the last couple of days i've noticed that the front of my car looks rather high. i have an sri model which comes from the factory with lower and uprated suspension compared with a standard model. i have a feeling they have fitted lower spec standard springs instead of sri springs. i dont believe the garage have done it on purpose.

 

do i have to pay the cost difference between the springs (estimate £50)? or can i expect the garage to remedy their mistake at no additional charge to myself?

 

(usually i do mechanic work myself but the difference between me doing it and the garage doing it wasnt enough for me to waste a day or two doing the work. had the price been much higher i probably would have done the work myself as i would have saved that much more.)

The garage must rectify it themselves! If they refuse to do so, then take it to an alternative garage, get the garage to write a report confirming the problem and to fix it and they demand they pay for it. If they refuse write them a letter before action and if they don't respond satisfactorily, sue 'em.

 

If you need help once you have the report and the car repaired, I'll be happy to try and help you.

[Conniff]

That depends on the price being a written quote or an estimate ie; 'about 50 quid mate'.

 

Also, your springs will have settled over the years so would be lower anyway.

 

You can measure them by counting the coils and then pop into the dealer and ask to look at a spring and count the coils on that for comparison.

[kp278]

hi, i understand the garage must rectify, but can they charge me to fit the correct parts assuming they undercharged me for fitting the wrong parts. £50 is my own estimate.

[Conniff]

Would need some more details of how much you were quoted, if it was a quote, labour charge and how much the springs are from the dealer etc:

[kp278]

original quote, or quote to rectify?

[Conniff]

Original quote - was it verbal or on paper, was it for parts and labour or just labour and parts extra.

 

What price does it say on the bill for the parts compared with what the dealer is charging.

[kp278]

Original quote - was it verbal or on paper, was it for parts and labour or just labour and parts extra.

 

What price does it say on the bill for the parts compared with what the dealer is charging.

 

im confused! i have an invoice for the work carried out, which is to replace both front springs at a cost of £100 per side, plus £25 for mot. total £225, no breakdown of parts and labour.

 

when i take the car back to the garage next week and ask them to rectify the issue with the wrong parts being fitted, i expect i may be asked to pay the difference between what i have already paid for standard springs, and what i expect to be more expensive sri springs. if ive paid £200 for fitting of standard springs and i should have been charged, say, £240 for fitting sri springs, i expect i will be asked to pay the difference.

[legalpickle]

im confused! i have an invoice for the work carried out, which is to replace both front springs at a cost of £100 per side, plus £25 for mot. total £225, no breakdown of parts and labour.

 

when i take the car back to the garage next week and ask them to rectify the issue with the wrong parts being fitted, i expect i may be asked to pay the difference between what i have already paid for standard springs, and what i expect to be more expensive sri springs. if ive paid £200 for fitting of standard springs and i should have been charged, say, £240 for fitting sri springs, i expect i will be asked to pay the difference.

What I think Conniff is getting at is: Was it specified a like-for-like replacement? Or superior springs? If it wasn't then you're not necessarily entitled to a replacement of the springs at the price stated. If it was made clear that you require the superior quality springs and they replaced with lower quality springs, then obviously you're entitled to them being replaced without charge.

 

If I offer to sell you a dinner set that I specify is high quality china - or you make clear that that's the type you want - for £50 and I deliver low quality china, then you're entitled to the difference between the low quality and high quality set.

 

But if I only offer to sell you a china dinner set and make no more statements about it, and you don't ask or confirm that it's a high quality set, then you wouldn't be entitled to the difference in value between a low quality and high quality set.

[kp278]

the invoice doesn't specify the type of springs. it says:

 

MOT

Failure items as listed:-

S+S

"Both front coil springs snapped"

 

then theres an adjacent column with the cost for authorized work. ps ignore snapped, thats terminology for "2 inch broken off end of coil"

[legalpickle]

the invoice doesn't specify the type of springs. it says:

 

MOT

Failure items as listed:-

S+S

"Both front coil springs snapped"

 

then theres an adjacent column with the cost for authorized work. ps ignore snapped, thats terminology for "2 inch broken off end of coil"

Was it at any time specified that the springs needed to be the same quality as those that were replaced or words similar to those?

[kp278]

no nothing like that.

 

however lets not get confused between quality and specification. if we were talking about quality then to me that refers to dealer part versus cheap pattern part, which is fine. i wouldnt expect the garage to fit a dealer sourced part. with regards to the specification, the springs the garage have fitted were not designed by the manufacturer to be fitted to my specification of car, they are physically different in height.

[legalpickle]

no nothing like that.

 

however lets not get confused between quality and specification. if we were talking about quality then to me that refers to dealer part versus cheap pattern part, which is fine. i wouldnt expect the garage to fit a dealer sourced part. with regards to the specification, the springs the garage have fitted were not designed by the manufacturer to be fitted to my specification of car, they are physically different in height.

Ok. That wasn't clear. If this is the case then they are liable for replacing the parts to the parts that should be fitted in your vehicle at their own cost. If they refuse you can go elsewhere and charge them for it, and if they refuse send them a letter before action and if they still refuse then sue them.

[kp278]

cool, sorry if i didnt make it clear.

 

assuming the garage have only charged me for lesser spec parts, are they then allowed to charge me the difference between the wrongly fitted parts and the parts they should have fitted?

[legalpickle]

cool, sorry if i didnt make it clear.

 

assuming the garage have only charged me for lesser spec parts, are they then allowed to charge me the difference between the wrongly fitted parts and the parts they should have fitted?

Nope. They fitted wrong parts therefore cannot charge the difference between the wrongly fitted parts and correct parts.

 

If you have to go to an alternative garage get a report confirming the parts were the wrong parts.

[kp278]

so i can expect them to fit sri springs at no additional charge to me, even they i've only paid for standard springs.

 

do you have or can you point me to an explanation of the law on this one, so i know what im arguing about if i have to.

[legalpickle]

so i can expect them to fit sri springs at no additional charge to me, even they i've only paid for standard springs.

Yes.

 

do you have or can you point me to an explanation of the law on this one, so i know what im arguing about if i have to.

Nope.

 

It's very simple. You pay for springs that are right for your vehicle. If as you say the springs they fitted are not right for your vehicle then they must replace them with springs right for your vehicle.

 

The quality issue is different and irrelevant. When I buy ink, the ink must be right for my printer! Unless it's specified I don't expect original ink, but I do expect that the ink will be right for my printer. It's very simple really.

 

The title of this thread is misleading because your argument is not the quality issue but that they are not right for your vehicle.

[kp278]

thanks for your help legalpickle.

 

in the DSRs, once payment is accepted and parts are shipped a contract is formed. its tough luck for the trader if theyve sold at the wrong price or shipped the wrong parts. is that the same type of understanding here (obviously not covered by the DSRs).

 

i recall an issue recently where toys r us advertised guitar hero band pack for £70 (rrp £150) and customers were shipped guitar hero guitar pack (rrp £70). toys r us admitted that the band pack should never have been advertised for that price, but their hands were tied because a contract to supply the band pack at £70 was formed and toys r us had to fulfill that contract.

 

edit: ive given you some rep

[legalpickle]

thanks for your help legalpickle.

 

in the DSRs, once payment is accepted and parts are shipped a contract is formed. its tough luck for the trader if theyve sold at the wrong price or shipped the wrong parts. is that the same type of understanding here (obviously not covered by the DSRs).

 

i recall an issue recently where toys r us advertised guitar hero band pack for £70 (rrp £150) and customers were shipped guitar hero guitar pack (rrp £70). toys r us admitted that the band pack should never have been advertised for that price, but their hands were tied because a contract to supply the band pack at £70 was formed and toys r us had to fulfill that contract.

 

edit: ive given you some rep

No problemo. Thanks for the rep.

 

Basically is the answer to your question. I am not saying the garage must supply higher spec parts, but they must supply parts that match your vehicle and that is to be expected just by asking for replacement anything for your vehicle.

 

Had they fitted lower spec parts but still perfect for your vehicle, for example: If the manufacturer makes a "hi" and "lite" version and they fitted the "lite" version, then you would have to prove that you agreed the "hi" version for there to be a breach of contract. But when one brings in a vehicle and asks for parts to be replaced it is a given that the parts will be for that vehicle and commonly fitted in that vehicle (certain cars use parts from other manufacturers extremely commonly), but not parts that they've just improvised and put into the vehicle.

 

The contract was to fit parts that match your vehicle. They didn't. They are liable. You don't need to expressly ask for parts to fit your vehicle as it's obvious and a given, nobody in their right mind would ask for parts not to fit their vehicle.

 

Good Luck and please keep us posted.

[kp278]

Basically is the answer to your question.

should that be Basically yes

[legalpickle]

Basically is the answer to your question.

should that be Basically yes

[Turtle1000]

Are you absolutely sure they are not the correct springs on the car?

 

You say in post #10, that the reason the MOT failed was due to the front springs having 2" broken off! Regardless of car, loosing 2" off your springs will result in the car being significantly lower than standard and/or SRi models.

 

I would hazard a guess that at most your SRi would only be around 1" lower than a standard model. Therefore with your new suspension, you will be sitting about 1" higher than before the work. 1" does not sound like much but will feel like your sitting in a 4x4 in comparision to before.

 

The above is without accounting for a settling in period after the work has been completed. I replaced my suspension last year with uprated sports suspension. The kit was supposed to lower the car 1.5", but when complete the car actually rode higher. I was worried for a while that I had wasted my money, but after around 2 months it gradually settled in. I can't park front end in now without riding the front bumper up a kerb .

[kp278]

hi, 2" length of coil, not 2" height

it was only a thumb sized 2" piece of coil that had broken off, the car didnt sit any lower than another sri at work. now the car sits higher than standard models. when its settled down it will probably sit at the same height as a standard one.

[Turtle1000]

hi, 2" length of coil, not 2" height .

Okay, my misunderstanding.

 

With the springs being new is there a part number or anything visible that may identify them?

 

I would pay the garage a visit then and explain to them that the car seems to be high and ask if they could check that the correct parts were installed. Explain that you appreciate the new springs need to settle in but could they demonstrate (via their parts order) that they were the SRi parts "for your piece of mind". Keep it friendly, at least until you have established they are the wrong parts before going in heavy handed.

 

If they turn out to be the correct parts then thank them for their help - no love lost.

 

If they are incorrect, then ask them to install correct springs. This would be at the garages cost and your statutory recourse is through Sale of Goods and Services Act 1982 and Sale of Goods to Consumer Regulations 2002. Read Vehicle repairs and servicing on problems with motor vehicles - Trading Standards Institute. As per the TS advice, if you paid by Credit Card then you may have another recourse for refund if needed.

 

The garage have a duty of care to have installed the correct parts. Incorrect suspension components can lead to handling problems and inefficient braking as the cars geometry is not configured for the different springs. This will cause increased wear and tear on other components, especially linkages and tyres.

 

Can you confirm if you got a quote for the work before it was carried out?

Your post #8 suggests you just asked for them to be replaced and found out the cost when you got the invoice.

[kp278]

hi, thanks turtle1000, yes i got a quote (over the phone) for the work before it was carried out.