Guarantee on Work - verytallgirl
Hi,

I've only asked a question on here once before, but the answers were so helpful I thought I'd come back.

Contrary to all that helpful advice on my first car, I bought an eleven year old Renault Clio (my budget got very very small after I posted here). Anyway, I was trundling round when I heard (and felt) this really nasty grinding noise from the front driver's side tyre. My mum half-diagnosed it as 'something to do with brakes', and I remembered that the seller told me about how he'd had all the brakes done and that the work was guaranteed for a year.

So I took the car back to the garage, and I've just had a phone call telling me that it is indeed that brakes, but that they cannot honour it because it wasn't me who had the work done. I smell a rat, so I tell them that I shall simply take the car back to the orignal owner and get him to take it to another branch. This convinces the manager to honour it, but he says that he wants the sellers postcode to 'complete the paperwork'. I'm not going to give it to him, because the work should be done in my name, so that (by the manager's rules) the guarantee will stand on today's work.

I'm pretty sure I'm in the right, but any pointers would be gratefully received (I've tried googling to no avail).

Thanks very much x
Guarantee on Work - Armitage Shanks {p}
I think you are right to be suspicious. It was a private sale (right?) but the seller told you he had had work done on the brakes? Somehow you knew where to take the car and they agreed that they had done the work. If they did, and the previous owner paid for it, they must have his details on file (invoices job sheets etc) If the work had a one year warranty (in writing?) it may or may not be tranferrable. CAB or Trading Standards should be able to advise, for free. Good luck and please post progress for us!
Guarantee on Work - verytallgirl
Sorry, forgot to mention: I knew where to take it as the seller gave me all the receipts for work on the car, and this included that stated guarantee.

I just find it very hard to believe that a twelve-month guarantee does not stand on the work. If it were a lifetime one, I would understand that it is the individual owner, with rewarding loyalty and such. The fact that the manager just backed down, after being quite patronising and assertive, makes me suspicious.

Will post results when I get them...
Guarantee on Work - Pugugly {P}
What does it say on the small print on the guarantee, it may not be transferable to a new owner, although.
Guarantee on Work - verytallgirl
That's the thing: there isn't any small print. It's just a very simple, bald statement along the lines of all work is guaranteed for twelve months, but different parts may have different guaranteed lives. I have scoured this document for anything giving me a clue, emailed their head office (had no reply), and something about this just isn't right.

It might be the way he backed down, I don't know, but he wasn't very happy and I feel uneasy about this. I wasn't rude or confrontational with him (I know everyone says this but I honestly made a massive effort, as it's my first time dealing with anything like this), but he just didin't seem happy, and I'm concerned that I'll have a nasty surprise waiting for me at the garage tonight.

Of course, it could all be fine!
Guarantee on Work - Pugugly {P}
Ah ! so there's no small print. I think they're stuffed. Let us know how you progress.
Guarantee on Work - bell boy
you bought the car as a private sale? (and then have tried to claim on a customer garage agreement) to do certain work within this guarantee? if the garage fits the parts for you and doesnt charge then good on you as you may have set a precedent they may have overlooked.
Dont forget most large concerns have a very large sheet of ifs and buts pinned up in the foyer for such eventualities and you may just have a summary on the invoice supplied.
Personally i wouldnt be happy if you bought it to me because i would be concerned that the car may have been stood months while seller tried to sell it and the pistons had seized (not uncommon on a renault if stood)

im neither being bad or positive here just giving my opinion.
--
\"a little man in a big world/\"
Guarantee on Work - verytallgirl
No offence taken.

Excuse my mangling of technical terms, but he made reference to the 'sliders' being seized. The callipers, discs, and drums were the parts replaced in November. (Another thing I forgot to add: sorry). I have had the car since the beginning of February.

Guarantee on Work - Pugugly {P}
Just to clarify, have they agreed to do the work and honour the guarantee ?
Guarantee on Work - verytallgirl
The manager has said that he will honour it in this case, but that I am going to need to provide him with further information, such as the seller's postcode, contact details, etc for him to 'complete the paperwork'. I wanted to know my position from an impartial, knowledgable (which of course you guys are!) source, before I merrily hand out details that aren't mine.

I believe that the guarantee covers the labour and not the individual owner, and therefore my details are enough. But I could be wrong...
Guarantee on Work - Pugugly {P}
Can you or have you contacted the previous owner ?

You raise one issue (re the passing on of the other guy's info) - presumably as an ex-customer there can't see a problem with this but it maybe wise to check with him.

Is this a dealer, indie or a tyre fitting type of place ?
Guarantee on Work - verytallgirl
Tyre-fitting type of place: were it not for the guarantee I wouldn't have gone there, as everyone I know said they were very expensive.

I'm probably just being unneccesarily cautious as it it the first thing wrong with my first car. I just have these images of all these mechanics happily fixing my brakes with cotton wool and plasters because I've annoyed them!
Guarantee on Work - Pugugly {P}
The reason I've asked was I had a the Landie's exhaust done by a locally based fast fit centre (of repute) - he just marked the bill that I had 12 months warranty - no visible small print either on the bill or in the shop (your get used to looking for things like this) - if he is a small time fast fit he may well just work on a goodwill basis rather than tie himselfup in red-tape. Wait and see I think.
Guarantee on Work - R75
Can you not show him the paper work from the original repairs? - I think you said you had this. That should be enough for them to do their paperwork. I can see your point, but I can also see that he needs proof that it was them who carried out the work and what exact items they replaced at the time.
Guarantee on Work - Armitage Shanks {p}
They have seen the bill for the work (no name and address on it?), they agree that they did the work and are going to fix it. Somebody had a load of work done on the car and paid for it yet they don't know who he is, sounds fishy to me. Why should BTG have to tell them who owned the car before and how does it affect their warranty on a car on which they worked and on which they have given a guarantee with no small print?
Guarantee on Work - Pugugly {P}
AS Its not unusual - I have dug out the Landie's receipt/guarantee, I paid cash and it doesn't have any menas to identify me on it.
Guarantee on Work - Armitage Shanks {p}
Well I am splitting hairs a bit. If they know they worked on the vehicle and THEY haven't put a name and adress on the receipt (would it be legal without one?) ducking out of honouring their warranty is going to be their problem. If your receipt dosn't have your name on it how it is proof that you paid?
Guarantee on Work - Pugugly {P}
It just has the reg number. I suppose if you turn up with the duff car and the receipt seems reasonable I thought, have yet to need to use it. I suppose its wait and see with this one.
Guarantee on Work - Martin Devon
Can you not show him the paper work from the original
repairs? - I think you said you had this. That should
be enough for them to do their paperwork. I can see
your point, but I can also see that he needs proof
that it was them who carried out the work and what
exact items they replaced at the time.

He'll have his own copy.

VBR......MD
Guarantee on Work - Martin Devon
What does it say on the small print on the guarantee,
it may not be transferable to a new owner, although.

You should know more than I Sir, but I can't see the courts upholding, 'no transfer.' The guarantee is on the work. Not the owner. You can put whatever you want in Terms and Conditions, but they don't mean a thing if the powers that be think they are too erroneous.

VBR.......MD
Guarantee on Work - cheddar
Why not simply give the previous owners name and phone number then the garage can phone them if they need to?

You should be more worried about the relationship you have with this guy who is going to fix your car than the sensitivities of the previous owner of the car.
Guarantee on Work - verytallgirl
You should be more worried about the relationship you have with
this guy who is going to fix your car than the
sensitivities of the previous owner of the car.


That's exactly what I was concerned with, and why I wanted to know what my position was, so that I didn't annoy the guy by arguing what could have been complete tripe (that he should honour the guarantee, that the previous owner has nothing to do with it, etc). But I also didn't want to just accept what I believe not to be true. (If this sounds stroppy, it's not meant to be).

Right, I went down there and he has honoured the guarantee and done the work. His analysis of the problem: the sliders had seized, scouring and damaging the brake pads and discs. While the discs and pads have been changed (discs covered by lifetime guarantee), the sliders have been freed and re-greased, not changed.

I asked if seizure was likely to occur again and he said maybe yes, maybe no. I asked if that meant he should change them now and he said no, that was a job for which I would have to contact Renault direct, and would cost about £150.00 each. He has noted on the work sheet that I have been informed of this but that the work has not been done.

Guarantee on Work - verytallgirl
Along with the worksheet, I was given a guarantee invoice, with the previous owner's name and address on it, prompting me to ask if this meant the work that had been done today was under guarantee: apparently not, the work has been honoured under a guarantee as a favour, and thus this work is not guaranteed. This is the bit I always had a problem with: why is it not guaranteed?

I don't want to come across as moaning: he has done the work, my brakes are working; he didn't charge me and I am genuinely grateful. It's just that something about this warranty (and the fact that he was trying to charge me for the work in the first place, and backed down when he had no reason) makes me suspicious.

Ohhh, I sound like a conspiracy theorist now! Thanks for all your comments guys, they've helped.
Guarantee on Work - verytallgirl
Oh, one last thing: there is nothing, and I mean NOTHING, on the guarantee invoice about it being non-transferable.

Thanks x
Guarantee on Work - Altea Ego
why is it not guaranteed?

The guarantee on the work is from the time of the ORIGINAL work only. So for example if it had 12 month guarantee, and you took it back after 11 months to be rectified, and work was carried out, there is STILL only 1 month of the guarantee left.


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TourVanMan TM < Ex RF >
Guarantee on Work - The Lawman
May people do not fully understand the nature of a guarantee.

In this case, I think the garage gave a contractual guarantee to the original owner. It lasts for 12 months. It is very vaguely worded, which suits the garage as they are then free to wriggle out of it on any number of reasons. They are not doing it in this case however.

A contractual guarantee is a promise to the other contracting party (ie the original owner). It is not a promise that attaches to the "work".

However, this is the type of contractual promise that can be assigned. Most types of contractual benefit can be assigned, unless the contract expressly provides that they cannot.

If the garage had refused to honour the guarantee, the thing to do would have been to get a letter from the original owner confirming that the benefit of the guarantee had been assigned to you on the sale of the car.

The small print is important, because if the guarantee had said that it was non-transferable, only the original owner could have claimed for the work.
Guarantee on Work - Pugugly {P}
unless the contract expressly provides that they cannot.

Exactly.
Guarantee on Work - verytallgirl
Lawman - thanks very much for the concise and clear explanation: it's what I needed to understand.

I do think that companies should either state it clearly on the literature or at least be able to offer an explanation as to why something is like it is. I've just had a call from the company's head office and even they just said: 'it's not transferable' 'why is that please?' 'it's just not'. I only emailed them for clarity!

Anyway, it's all turned out fine, I guess. Thanks to all x
Guarantee on Work - Armitage Shanks {p}
I am pleased to see that you got all the help you needed. If head office said the guarantee wasn't transferable how did the work get done free of charge? I realise that you don't need to do this but a suggestion that Head Office could explain their position, in writing, to your solicitor would have probably produced a change of attitude. Anyway, you are now back on the road and not out of pocket, it seems? Good result!
Guarantee on Work - The Lawman
My charge is 200 guineas.
Guarantee on Work - Altea Ego
Guaranteed?
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TourVanMan TM < Ex RF >
Guarantee on Work - Pugugly {P}
Nope