Legal Question in Consumer Law in Georgia
I own and operate a big truck providing contract trucking services. 3 weeks ago I purchased a remanufactured part (turbocharger) from a reputable store and had mechanics put it in. The cost of new part was 1700 plus 500 for the labor. Once the truck was ready, I took it for a test drive and noticed some issues ( the truck was loosing power). I drove it for a little and decided to take it back to my mechanic. He started looking at it and could not find any problems. For 2 weeks mechanics were replacing and testing different parts but still no luck. Even when connected to computer and running tests nothing would show up as being faulty. We ended up removing turbocharger and taking it back to the place where I purchased it. They said that they need to test it and gave us another part to hold on to. The next day they called and said that turbocharger was fine and that they did not find any problems with it, but told us to keep the one they gave us. Mechanics put it in, I test drove the truck and noticed that my problem was fixed. So indeed the turbocharger was faulty. At this time the bill from mechanic ran up over $3000 only because originally the store sold me a bad part and denied that it was bad. My question is : can any part of my bill be retreived from seller?
2 Answers from Attorneys
No one here has a copy of your warranty, and you did not bother to tell us what it says. That likely has your answer. It is very unlikely the warranty would cover services by another mechanic, for open ended work that is beyond the store's control. Why would a supplier be liable for another mechanic's inability to find the problem? You indicate the problems started immediately after the part was installed - that would be an indication it was the new part. Of course, it could have been installed incorrectly, which is another reason the store is not likely to pay.
I agree with Scott's answer.
Unless the warranty covers labor, and unless you can prove the labor was done right, you get to eat the loss.
You might talk to the owner or manager and see if they might voluntarily do a partial refund for good customer relations.
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