wrecking company liability for selling damaged part?

[david2012]

What is the name of your state (only U.S. law)? oregon

hey there, i just ordered a used auto transmission from a wrecking company, and had it delivered to a transmission shop for installation. the part had a 90 day warranty. $800 for the part and $775 for the installation shop. the used transmission was installed but didn't work from the get go. reverse and low gear didn't work and they couldn't even back the car out of the shop to test drive it. the wrecking company says they'll find another part to put in it, but will not pay for installation of the defective part. so, i have just spent the installation price once, and now am expected to do it again, apparently. neither place believes they should have to 'suffer a loss', specifically the wrecking company, which I think should. is this a case for small claims court? do i have a case? thanks, dave

 

[justalayman]

well, unless the garage did something to cause the damage, they did what you paid for; installed a transmission you purchased elsewhere. There is presumably nothing wrong with the labor, which is all they provided.


as to the salvage yard; that would depend on what your warranty would say. Was the warranty for the parts only or for incidental charges, such as the installation.

If the warranty clearly defines itself as parts only, you are out of luck, with both of them.

 

[BL]

well, unless the garage did something to cause the damage, they did what you paid for; installed a transmission you purchased elsewhere. There is presumably nothing wrong with the labor, which is all they provided.


as to the salvage yard; that would depend on what your warranty would say. Was the warranty for the parts only or for incidental charges, such as the installation.

If the warranty clearly defines itself as parts only, you are out of luck, with both of them.

Just to note : The salvage yard has to make good on a good working transmission per 90 day warranty .

It would be up to the consumer to make sure the parts or replacement works in that time period .

This is the problem with salvaged parts only ,when the consumer can not do the install and labor and must pay for it.

They take that risk.

 

[david2012]

justalayman, thanks for that. i believe it does say on the invoice that the warranty is for parts only, not installation.
i knew the installation shop was in no way liable. i just felt the wrecking company should make sure their parts(especially the expensive ones!)are in working order before being sent out and a pretty penny being spent on installation. i felt like they should at least share in the installation costs, the second time around, and share in some of the liability.

 

[justalayman]

=BL;2343769]Just to note : The salvage yard has to make good on a good working transmission per 90 day warranty .

yes. I was speaking to the labor only as it appears the salvage yard is not arguing about supplying another trans.

They take that risk.

absolutely right.