Faulty Parts and Consumer Rights.

[hmg]

About 3 months ago I purchased some expensive genuine BMW parts from a large well known online retailer.

This was to repair a faulty sunroof mechanism which are notoriously fragile and weren't really,fit for purpose back in the 1980s due to the poor quality of the BMW part at that time.

Still a poor plastic parts now.

I got the part fitted by a sunroof specialist I know who is retired and has been repairing sunroofs for over 30 years. Cash job. This is a guy who is not a registered mechanic/ fitter or registered business.

Anyway the parts were fitted and at the Tim it was noted that there was a little bit of play in one side of the part. The part functioned but there was some play.

The car was then sent off for a respray and has now been returned to me ,so it's been away for about 3 months.

On getting the car back I began to put the sunroof top and headlining back in to the car and on attempting to open and close the sunroof jammed due the play in the part.

On contacting the retailer they asked for the details of who fitted the part, which I supplied.

I have just received an email from them.

' Hi H****

We have a slight problem here.

I spoke to E***** and he has informed me that he no longer has a registered business or license. This means an automatic rejection of any warranty claim. All parts must be installed by a licensed mechanic or fitter.

Additionally he has told me that it was only one side (drivers side) that was noticed loose from install. This further complicates things as it is now apparent that there was a problem from the start which you should have notified us about.'

Fair enough I should have notified them at the time but this part must have had half a dozen movements at most. It was and is not fit for the purpose intended.

Under the SOGA and Consumer Rights act I should have the right to a replacement surely?

I'm not really interested in the online retailers polocies as this is irrelevant in the face of the law.

Opinions welcome. Pls.

[mikes2]

is this a £5 part or a £500 part ?

If it's cheap, it probably one to chalk up to experience

[Minty]

Policies in themselves have no influence over the legal position.

(i) Did they make clear when supplying the parts that they should only be fitted by a registered mechanic or installer, and if so do they provide a definition of such a person? If answer to either is no then they're on the back foot

(ii) Did you pay by credit card? If so then you can claim against the card issuer under the consumer credit act. I'm rusty on the exact detail but it used to be that if the item bought on the card proved defective within a timespan (6mths iirc) then the card issuer is liable. In practice this means the card issuer refunds you and then leans on the supplier in turn

Hope this helps & good luck

[hmg]

The part was £150 + so it's worth pursuing IMO.

I've no choice but to re order it but I won't be spending another penny with them unless they see sense.

[Andy10v]

Its covered by Consumer Rights Act 2015

http://www.legislation.gov.uk/ukpga/...ntents/enacted

Which has a "normal" description of it

http://www.which.co.uk/consumer-righ...mer-rights-act

From skimming that I think your rights are with the retailer, if you have discovered the fault within the first 6 months it is presumed to have been there unless the retailer can prove otherwise, the retailer has one opportunity to repair or replace the faulty goods, if it is unsuccessful you are entitled to a full refund.

I dont know how the requirement to be installed by a proffesional fits in though. You are not claiming under their guarantee, but under the CRA.

[hmg]

I've sent them a reply outlining my rights under the CP act. We shall see what reply I get.

Caveat is parts companies can require an inspection of the faulty parts by the manufacturer to determine the fault and if it's cause can be attributed to the fitting.

Is it reasonable to suggest a licensed fitter.

All home DIY mechanics may potentially have issues ?

[John.]

Originally Posted by hmg

I've sent them a reply outlining my rights under the CP act. We shall see what reply I get.

Caveat is parts companies can require an inspection of the faulty parts by the manufacturer to determine the fault and if it's cause can be attributed to the fitting.

Is it reasonable to suggest a licensed fitter.

All home DIY mechanics may potentially have issues ?

If the "large well known online retailer" sells parts to the public then I think it's reasonable to assume the public will fit the parts.
In your case though it seems pretty clear the parts fitted were done so by a competent and skilled person.

All the best, hope it works out.

[hmg]

This is in their t &cs

Full manufacturer parts warranty applies to all new parts. Should your part prove faulty within the manufacturer prescribed warranty period please get in contact with us to arrange replacement. Parts & goods offered on this webshop are to be installed exclusively by trained technicians at a licensed specialist workshop and not by the end user. Claims under fitment by an unauthorised/unlicensed mechanic, or damage to any part due to incorrect fitment is not covered under warranty.


Ive had a response quoting the fact that i used a non licensed fitter!!So they cannot help me further.!

It make my blood boil.

I could,ve take it to BMW and they wouldnt of had a clue how to fit the parts due the the age of the car.

Off to the small claims me thinks