Ask an expert

Can you tell me if there is any legal requirement for garages to offer warranty on repairs or servicing that they provide to customers?

For example; if a clutch was replaced which required the engine to be removed and a short time later the car overheated due to the improper replacement of coolant hoses, is the garage at fault and how does the customer stand legally with regard to repairs and insurance claims?

Chris

From the "Ask Jack" archives - 12 May 2010

Warranties or guarantees can vary depending on the type of work carried out or agreed to with the customer.

For example, fitting a second-hand gearbox or engine would carry a far less guarantee period than if the repairs were done using new parts with no compromises.

There are no regulated guaranties within the industry although affiliated Motor Trade Association or AA Approved Repairers would have a minimum of 6 months or 10,000km's on most repairs. In the case of second-hand parts that guarantee may drop to 3 months or 5,000km's.

There are always exceptions and there would be cases where cars leave garages with no guaranties at all. In cases like this the customer may insist on a reassemble of parts to simply make the car mobile.

If in the example you mention, it can be proven the garage was responsible for a mechanical failure after the initial repair then yes, they are responsible to repair the car at no cost to the owner. Most garages have public liability insurance protection if they admit to poor workmanship.

A number of factors need to be taken into account however. One is the length of time between the repair and the failure and the condition of the failed part. If a hose clip had been left loose for example and the engine overheated within a day of the car leaving the garage, then it's pretty clear cut who is responsible. If the overheat happened six months and several thousand km's later, then it becomes a lot more clouded as to who is responsible.

If a heater hose simply failed several months after the repair the garage may argue they were not required to check every coolant hose when doing a clutch repair involving the removal of the engine.

The MTA and AA do offer mediation when disputes arise between the customer and the repairer (if the repairer is part of their network).

If the car has been taken to a garage which has no such affiliation then it can come down to the customer taking the repairer to court to determine who is responsible.

The other very important point to make is this; a garage must always be given the opportunity to investigate any claims of poor workmanship and if necessary repair the car in their own workshop.

A customer cannot have a repair carried out by another garage and then present a bill to the original repairer.