mrwibble
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| posted on 17/8/11 at 12:42 PM |
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motor factors customer service
I've been told to wait 2-3 weeks whilst a faulty handbrake cable is returned to manufacturer for inspection, and to check the problem was not
caused by a "fitting fault". argued it wasn't fit for purpose under sale of goods act, and that i wanted a refund or replacement,
but was told i'd have to buy a new cable and await "the warranty claim result", i wonder what that might be... I said they could do
better customer service than that, and i wouldn't be using them again, to be told that all my local motor factors are the same, (Kidderminster),
anyone had a better experience locally?
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thefreak
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| posted on 17/8/11 at 12:47 PM |
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It's the same as anywhere else... the level of customer service will depend on how much you spend with them and how well you get on with the
owner  I use a couple local to me and have no problems with anything faulty getting a refund/replacement in advance usually.
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jossey
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| posted on 17/8/11 at 12:57 PM |
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sales of goods act states the contract is with them not the manufacturer so if a repair cannot be offered within a realistic timeframe. (14 days
normally) then they need to offer you a refund or replacement.
If the product was faulty when bought then it is dead on arrival so they have to replace or refund at that point.
good luck....
Thanks
David Johnson
Building my tiger avon slowly but surely.
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martin1973
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| posted on 17/8/11 at 01:05 PM |
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i find writeing the local trading standards address on the rear of the advice note
along with a appointment time and phone number etc
so they see it when you give the the advice note
normally results in a replacement or refund
martin
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speedyxjs
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| posted on 17/8/11 at 02:29 PM |
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Before i opened my workshop, i had used a few motor factors and chose my main one purely on customer service. Were always very helpfull when i chose
the wrong part/parts didnt fit etc.
How long can i resist the temptation to drop a V8 in?
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dirth
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| posted on 17/8/11 at 03:41 PM |
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jossey is correct under Supply of Goods and Services Act 1982 Under section 4
4 Implied terms about quality or fitness
(1) Except as provided by this section and section 5 below and subject to the provisions of any other enactment, there is no implied condition or
warranty about the quality or fitness for any particular purpose of goods supplied under a contract for the transfer of goods.
(2) Where, under such a contract, the transfer or transfers the property in goods in the course of a business, there is an implied condition that
the goods supplied under the contract are of satisfactory quality.
(2A) For the purposes of this section and section 5 below, goods are of satisfactory quality if they meet the standard that a reasonable person
would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
You should get a full refund that is what you're entitled to
If you want a replacement that is at your discression, not the motor factors
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Mr Whippy
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| posted on 17/8/11 at 03:54 PM |
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totally agree with the above, this was on telly a month or so ago and they clearly stated that it was the shop not the manufacture that had
responsiblity to supply goods that were fit for purpose
Fame is when your old car is plastered all over the internet
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MikeR
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| posted on 17/8/11 at 09:50 PM |
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I guess which company your dealing with - if it is who I think (a national company) then I'd start quoting the above & find another
motorfactor in future.
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dirth
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| posted on 17/8/11 at 10:27 PM |
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I quoted the Supply of Goods and Services Act 1982 ,That sorts the motor factor if the say they are only the agents ie they provide only a service
The Sales of Goods act 1979
to a contract made before 18 May 1973.
14. Implied terms about quality or fitness
(1) Except as provided by this section and section 15 below and subject to any other enactment, there is no implied term about the quality or fitness
for any particular purpose of goods supplied under a contract of sale.
(2)*** Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of
satisfactory quality.
(2A)*** For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as
satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
(2B)*** For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate
cases aspects of the quality of goods—
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.
(2C) The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—
(a) which is specifically drawn to the buyer's attention before the contract is made,
(b) where the buyer examines the goods before the contract is made, which that examination ought to reveal, or
(c) in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.
(2D) If the buyer deals as consumer or, in Scotland, if a contract of sale is a consumer contract, the relevant circumstances mentioned in
subsection (2A) above include any public statements on the specific characteristics of the goods made about them by the seller, the producer or his
representative, particularly in advertising or on labelling.
(2E) A public statement is not by virtue of subsection (2D) above a relevant circumstance for the purposes of subsection (2A) above in the case of a
contract of sale, if the seller shows that—
(a) at the time the contract was made, he was not, and could not reasonably have been, aware of the statement,
(b) before the contract was made, the statement had been withdrawn in public or, to the extent that it contained anything which was incorrect or
misleading, it had been corrected in public, or
(c) the decision to buy the goods could not have been influenced by the statement.
(2F) Subsections (2D) and (2E) above do not prevent any public statement from being a relevant circumstance for the purposes of subsection (2A)
above (whether or not the buyer deals as consumer or, in Scotland, whether or not the contract of sale is a consumer contract) if the statement would
have been such a circumstance apart from those subsections.
(3) Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known—
(a) to the seller, or
(b) where the purchase price of part of it is payable by instalments and the goods were previously sold by a credit-broker to the seller, to that
credit-broker,
any particular purpose for which the goods are being bought, there is an implied term that the goods supplied under the contract are reasonably fit
for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does
not rely, or that it is unreasonable for him to rely, on the skill or judgment of the seller or credit-broker.
(4) An implied term about quality or fitness for a particular purpose may be annexed to a contract of sale by usage.
(5) The preceding provisions of this section apply to a sale by a person who in the course of a business is acting as agent for another as they apply
to a sale by a principal in the course of a business, except where that other is not selling in the course of a business and either the buyer knows
that fact or reasonable steps are taken to bring it to the notice of the buyer before the contract is made.
(6) As regards England and Wales and Northern Ireland, the terms implied by subsections (2) and (3) above are conditions.
(7) Paragraph 5 of Schedule 1 below applies in relation to a contract made on or after 18 May 1973 and before the appointed day, and paragraph 6 in
relation to one made before 18 May 1973.
(8) In subsection (7) above and paragraph 5 of Schedule 1 below references to the appointed day are to the day appointed for the purposes of those
provisions by an order of the Secretary of State made by statutory instrument.
The bits *** are the sections you use,
the below link is good as well
http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/Yourconsumerrightswhenbuyinggoodsandservices/DG_182935
If it was me I do a letter point it out and in it say you're going to sue them for refund and all costs,
and don't go back
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mrwibble
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| posted on 18/8/11 at 09:00 AM |
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cheers all. I'm not going to use them again, tbh for £18 i'm not going to waste too much of my life on it, but i have a feeling the same
attitude will be prevalent in most so i'm looking for somewhere i can trust. stupid really as they had a chance to gain a loyal customer,
instead they've lost out on years worth of trade from me. the company involved is on the stourport rd, i don't know if they're a
national.
cheers Ed.
*sometimes if you get your own way, it can still ruin your day by what you have to do to get it.
[Edited on 18/8/11 by mrwibble]
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