Garage or Warranty?
Also in technical sorry for double post,
Hi everyone,
Ok so my clutch needs doing however only bought the car a couple of months ago from the garage with a 1 year parts and labour warranty. However as im sure youre all aware these warranties never cover "fair wear and tear" but what constitutes fair? The car is on 76.5k miles and has Full service history (by that i mean a fully stamped book) and from what I have found, Subaru's servicing guide for the WRX says that the clutch should have been inspected at 75k in other words when I bought it. So going by that I can see one of three scenarios.
1) they knew the clutch needed replacing and sold it to me with that knowledge and as such in its self voiding the warranty or
2) The clutch was in good condition at the point of the service and so therfor the fact that it is failing now means that it would not fall under the fair wear and tear heading or
3) They didnt inspect the clutch and so didnt complete the service as required and stamped the book incorrectly and so under these circumstances have not fulfilled the terms of the purchase.
Sorry for rambling on but can anyone confirm my logic?
Cheers
Pete
Hi everyone,
Ok so my clutch needs doing however only bought the car a couple of months ago from the garage with a 1 year parts and labour warranty. However as im sure youre all aware these warranties never cover "fair wear and tear" but what constitutes fair? The car is on 76.5k miles and has Full service history (by that i mean a fully stamped book) and from what I have found, Subaru's servicing guide for the WRX says that the clutch should have been inspected at 75k in other words when I bought it. So going by that I can see one of three scenarios.
1) they knew the clutch needed replacing and sold it to me with that knowledge and as such in its self voiding the warranty or
2) The clutch was in good condition at the point of the service and so therfor the fact that it is failing now means that it would not fall under the fair wear and tear heading or
3) They didnt inspect the clutch and so didnt complete the service as required and stamped the book incorrectly and so under these circumstances have not fulfilled the terms of the purchase.
Sorry for rambling on but can anyone confirm my logic?
Cheers
Pete
Your logic doesn't really stack up, unfortunately. First thing you need to understand is that none of us can give you a gold-plated opinion on this, given that none of us drove your car in the condition it was in when you bought it.
Second point is that the "clutch inspections" during service are not _literal_ inspections. It's not as though they take the gearbox off and actually look at it - or measure the friction material thickness.
The "inspections" carried out are, in practice, little more than checking the fluid level, pedal/slave cylinder feel and travel, and carrying out the sort of test you yourself exercised when you bought the car. Given that, as you say yourself, nothing was slipping at that point, the selling garage would probably be perfectly within reasonable limits to suggest that it was okay when they sold it.
As the clutch is, as you know, a wear and tear item, I suspect that you will have little opportunity to convince the seller that they have done anything wrong here. Doesn't stop you, as above, going back and asking the question, and the garage may, as a goodwill gesture, offer you some sort of discount on a replacement, but you certainly don't appear to have any grounds to prove the three numbered points in your original post, let alone anything more.
Second point is that the "clutch inspections" during service are not _literal_ inspections. It's not as though they take the gearbox off and actually look at it - or measure the friction material thickness.
The "inspections" carried out are, in practice, little more than checking the fluid level, pedal/slave cylinder feel and travel, and carrying out the sort of test you yourself exercised when you bought the car. Given that, as you say yourself, nothing was slipping at that point, the selling garage would probably be perfectly within reasonable limits to suggest that it was okay when they sold it.
As the clutch is, as you know, a wear and tear item, I suspect that you will have little opportunity to convince the seller that they have done anything wrong here. Doesn't stop you, as above, going back and asking the question, and the garage may, as a goodwill gesture, offer you some sort of discount on a replacement, but you certainly don't appear to have any grounds to prove the three numbered points in your original post, let alone anything more.
Last edited by Splitpin; Nov 18, 2010 at 04:36 PM.
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