Warranty Claim from Mechanic?

[mauricio]

Good morning all.
A few weeks ago I posted about a problem I had with my front brakes on my 2009 Mondeo. The brake clips had broken well within warranty. They were less than 10 months old and travelled about 10,000km. Fair to say they looked almost brand new. I had to get new front brakes installed by another workshop at a cost to me of $199.
The mechanic that installed the faulty brakes in January advised me that their supplier admitted a manufacturing fault with the clips on the pads that caused the problem. The solution provided to me from the mechanic was a refund of $60 for the brake pad’s only. I was quite surprised as I was expecting them to reimburse me my out of pocket cost of $199 (parts & labour) to have new brakes installed. The $60 refund was for the brake pads on the original invoice in January.
I tried to contact them for an explanation as to why I had only received a $60 refund but have not received a reply. I would like to contact consumer affairs as I believe I have a case to put to them, but wanted to know if anyone has had a similar experience, or if you think the mechanic was obligated to refund me the total of $199. Any feedback would be very appreciated.

[Peter B - CV8]

Put yourself in the mechanics shoes for a minute. The problem with the pads wasn't his fault (ie he didn't make them). If anyone should be expected to reimburse you further - it's the pad manufacturer..

[commodorenutt]

Originally Posted by Peter B - CV8

Put yourself in the mechanics shoes for a minute. The problem with the pads wasn't his fault (ie he didn't make them). If anyone should be expected to reimburse you further - it's the pad manufacturer..

100% correct. Your only claim with your mechanic is if his work was faulty.

It wasn't and he gave you back the $60 for the pads (which he would have claimed from the pad supplier). That's all you can claim from him.

If you read most parts suppliers T&Cs (usually buried on their website, or on the back of an invoice) they invariably state:

"limited liability"

and words to the effect of:

"restricted to replacement or refund of the faulty goods"

and:

"does not cover labour or freight"

[Optional]

I'm not so sure it's that clear.

If I go to a mechanic for supply and fit of parts I am thinking I would be hoping the mechanic would warrant the work in total.

If he has to do the job twice surely the mechanic should be claiming that from the part manufacturer if it's a clear documented fault, as it sounds?

[mauricio]

Originally Posted by Peter B - CV8

Put yourself in the mechanics shoes for a minute. The problem with the pads wasn't his fault (ie he didn't make them). If anyone should be expected to reimburse you further - it's the pad manufacturer..

Yes, fair enough but my business transaction as a consumer is with the mechanic I think they should have refunded me the whole $199 and then they take it up with their pad supplier. I think that's a reasonable course of action in principle. Anyway happy to hear of opinions I know it's a grey area. Thanks for reply.

[mauricio]

Originally Posted by commodorenutt

100% correct. Your only claim with your mechanic is if his work was faulty.

It wasn't and he gave you back the $60 for the pads (which he would have claimed from the pad supplier). That's all you can claim from him.

If you read most parts suppliers T&Cs (usually buried on their website, or on the back of an invoice) they invariably state:

"limited liability"

and words to the effect of:

"restricted to replacement or refund of the faulty goods"

and:

"does not cover labour or freight"

Thank you, fair enough I just don't know if those terms line up with what the ACCC's guidelines are with a case like mine. I certainly didn't have any T&C's printed on my invoice anywhere at point of transaction maybe leaving the mechanic liable. Either way I feel short changed and whether it's the mechanic or the pad supplier, someone should make up the total out of pocket expense. My transaction is with the workshop so they to some extent have to act as a mediator between consumer and their supplier in these cases. Cheers

[Fed]

I think you should have given the first mechanic an opportunity to fix it rather than getting a new guy to do the job and then trying to back charge the first guy.

[mauricio]

Originally Posted by Fed

I think you should have given the first mechanic an opportunity to fix it rather than getting a new guy to do the job and then trying to back charge the first guy.

Ideally yes, however the car developed a rattle that at the time I had no idea what it was or where it was coming from. On my way to work the rattle was getting worse so I took it to a local mechanic near my work. They called me and asked me to come and have a look where the clips on the pads on both wheels had snapped off. the pads were floating between the rotors and piston. The car at that moment was deemed unroadworthy and unsafe - I had no choice but to get new pads installed.

[ratter]

If you had of gone back to the first guy, there is a strong chance it may have all been done at no cost to you, even though he would not have got reimbursement from the brake pad supplier. He is not obligated to pay for another shop to repair a fault unless they have possibly had a couple of attempts themselves ant not been able to do so, especially when it is a part issue and not a workmanship issue

[mauricio]

Originally Posted by ratter

If you had of gone back to the first guy, there is a strong chance it may have all been done at no cost to you, even though he would not have got reimbursement from the brake pad supplier. He is not obligated to pay for another shop to repair a fault unless they have possibly had a couple of attempts themselves ant not been able to do so, especially when it is a part issue and not a workmanship issue

Ideally yes, however the car developed a rattle that at the time I had no idea what it was or where it was coming from. On my way to work the rattle was getting worse so I took it to a local mechanic near my work. They called me and asked me to come and have a look where the clips on the pads on both wheels had snapped off. the pads were floating between the rotors and piston. The car at that moment was deemed unroadworthy and unsafe - I had no choice but to get new pads installed. At the end of the day someone is liable in principle and under ACCC guidelines - may not seem fair to a mechanic but to the consumer it provides the protection. Thanks for comments.

[commodorenutt]

Originally Posted by mauricio

At the end of the day someone is liable in principle and under ACCC guidelines - may not seem fair to a mechanic but to the consumer it provides the protection. Thanks for comments.

The pad manufacturer is the liable party.

They will have covered their butt, by having the standard clause stating "limited liability" and will only refund or replace the faulty parts.

They will not reimburse labour or other charges.

So the workshop returns the pads & gets a full refund. He doesn't get any compensation from the pad supplier beyond the price he paid for them (and on $60 pads, he probably only got $45 back from them, at best).

It's not his responsibility to reimburse you for the labour. He provided that service without defect or fault.

And as Ratter mentioned, under goodwill (but not by law by any means), a workshop you have history with may well waive the labour cost of fitting the replacement pads to keep a long-term customer happy.

But to use another workshop (regardless of the circumstances) and then still hit him up for a refund on the (not faulty) labour costs is grossly unfair.

You don't have a $140 leg to stand on really, and the ACCC will back the mechanic all the way on this one.

[vztrt]

The accc says that you need to allow the company to rectify the problem.

If you were still unhappy then you can request a refund.

But because you went to another mechanic voids this.

[mauricio]

Originally Posted by vztrt

The accc says that you need to allow the company to rectify the problem.

If you were still unhappy then you can request a refund.

But because you went to another mechanic voids this.

That's fair enough, and given that upon discovery of the problem I had no choice but to have the new pads installed I have to accept it. Anyone else in my position probably would've done the same thing. The car was unsafe once the problem was identified. Seems unfair, but that's life. Many thanks!

[ratter]

A phone call to the original guy after the problem was found but before you gave the go ahead could have even worked in your favour. Although brakes are not something to mess with, if it was just anti rattle springs it may have not been dangerous to drive back to the original guy, after all an empty washer bottle makes a car unroadworthy but can still be used