Needed to replace my two front tyres for my Ford Focus the other day. Rang around for best price to supply Pirelli P6000s (already on the car).
Visited a local fitter with the cheapest quote and the tyres in stock. After being told the work was all done, and having paid for the tyres, I inspected the work to find that the fitters had severely marked one of the wheels (alloy). To cut a long story short, the manager is offering a repair to the wheel, but at my inconvenience (i.e. car off road while wheel is repaired since Focus comes with a space-saver spare...). The repairers can\'t guarantee the colour of the repaired wheel will match the others, so I\'m holding out for a new wheel. The manager is not willing to entertain this and won\'t give me the details of his insurer so I can pursue an insurance claim.
However, things get worse...
This morning I\'ve noticed that the new tyres I had fitted have no E mark on the sidewall. The DOT web page on tyres www.thinkroadsafety.gov.uk/tyresafety and other threads in the Backroom seem to suggest that all new tyres must have the E mark.
Nor can I see any D.O.T. specifications on the sidewall, although there is text concerning USA & Canada. The original Pirellis which are on the rear also have this text, but in addition they have some D.O.T. text and the E mark.
Has the dealer been supplying me (& others) with tyres not approved for the UK & European market? If so, anyone know if the police would be interested in pursuing this company to get them shut down immediately? I\'m not sure Trading Standards have enough clout to do this.
I will keep you posted as to progress, and when the matter is resolved I won\'t hesitate from naming and shaming the tyre fitting company to protect other consumers.
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Charles
You'll need to keep at the tyre place regarding the wheel, on the basis that they have not exercised reasonable care and skill in their work. The offer of repair is unacceptable on the grounds of loss of use of the vehicle, plus no guarantee you'll be back to where you were when the car came in. How about a threat of the small claims court for the cost of a new wheel and refitting of the tyre?
Regarding the missing markings, it may sound daft, but have you checked the inner walls of the tyres? I'm sure I've come across tyres which included the DOT data only on one wall, and this had been fitted on the 'inside'.
Regards
John S
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Consider pursuing your claim in the Small Claims Court.
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Agree small claims is an option. Their insurer is irrelevant; not your business. Your claim is against them. If you issue proceedings against them it will be their duty to inform their insurer.
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Gen - are you a lawyer? I mean that as a compliment, of course. Good posts, btw, and I haven't seen you on here before.
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Ah well, we all have to put the bread on the table somehow don't we David [smile]...or the car in the driveway...
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I'm sure I've seen signs in the waiting room of most tyre places I've been to, stating something along the lines of how they cannot guarantee not to damage alloy rims when fitting tyres, due to the equipment and tools used, and that the fitters and company will not accept any liability for damage to alloy wheels caused when fitting or removing tyres...
I should check to see if the place in question has one of these notices!
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It's a good point DTD, but not one to worry about too much.
Just like to say though, this is from memory and not my area so don't quote me...but...
Firstly the notices on the wall would have to be incorporated into the agreement charles had; notice on wall maybe not.
Especially if is onerous exclusion would have to take several reasonable steps to bring to charles' attention at/or before agreement. In this case perhaps telling Charles verbally. And would need clear words to cover negligence rather than pure accidental.
And even then, if I remember rightly, as Charles is a consumer and the tyre fitters a business, there would be a reasonableness test for it to work in excluding.
Point is Charles, don't be fobbed off by such a sign by them, they will have difficulty making it work.
Main point of such signs is to make people THINK that they work, not that they actually do work.
If you think that you are in the right, Charles, and only you can judge that...stick to your guns...
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Gen, check the Unfair Contract Terms Act. If there is no notice, obviously there is no problem, but under UCTA a disclaimer is only valid if it is reasonable. I'm not saying that there is definitely a problem with UCTA, but under s.2
(2) In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness [and]
(3) Where a contract term or notice purports to exclude or restrict liability for negligence a person's agreement to or awareness of it is not of itself to be taken as indicating his voluntary acceptance of any risk.
As for being incorporated into the agreement - that is probably the easiest of your three tests to satisfy. However, it would need to be clearly visible and reasonable to expect Charles to notice it, rather than simply there, which is your second test. At least if you take a Denning style approach, they'd have to tell him about it specifically. And then there is the test of reasonableness... I agree, small claims if necessary; £104 I believe for the wheel, plus possibly a new tyre, plus miscellaneous expenses, filing fees, etc., should mean about £200 all in, as opposed to £104 if they just got you a new wheel. Still, it's their choice.
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Oh dear! Another tyre fitting problem. I'm getting so paranoid now I can't take my car anywhere to get it seviced/repaired.
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