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Hi there.

I recently approached a local transmission specialist to repair an issue with our 2006 Mazda.

The existing trans was found to be faulty beyond repair and I was advised to replace it with a 2nd hand unit, sourced by the specialist from a 3rd party supplier. I was offered 3 options: a high-mileage, a mid-mileage or a low-mileage unit. I agreed to the mid-mileage unit, as I intended to on-sell the car once fixed but I wasn't 100% certain how long this would take. The work was carried out and I paid the approximately $2500 invoice in full, immediately on completion.

The invoice contained a disclaimer stating the following:

**** THIS TRANS HAS A 6 MONTH REPLACEMENT ONLY WARRANTY AND
APPLIES TO THE TRANSMISSION ONLY.*****

Everything appeared to work fine for the first three months and then I noticed lags between forward and reverse shifts, as well as sudden lurches on deceleration. I estimate I'd covered not more that 2500kms in this time.

I subsequently returned the car to the same transmission specialist, who test drove and reported back that the replacement trans had also failed beyond repair.
I was told that, as per the invoice disclaimer, they would replace the trans free of charge, however, I would be required to pay $800 of labour to undertake the work.

My question is: should I be liable for this work? Where do I stand?

If the contract you have states that only the parts are covered for replacement only this may be the companies policy with certain used parts, the company should clearly explain this so as to not mislead you.

however the company should also try and seek a remedy from the supplier too this may be to pay for some of the cost of replacement, the company should also offer you goodwill too.

Try to work with the company to find a solution first and if you need further help please call us to discuss this.