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Small Claims - Auto Parts Fabrication

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Mr.Owallahalla

Junior Member
What is the name of your state (only U.S. law)? colorado

the short version:
I went to an automotive company (1.5hrs from my house) to have them measure and build me a set of custom leaf springs for my 4x4 vehicle. my criteria was add an additional 3" of lift and move the center pin forward an inch to better clear the tires from rubbing the fenders. they took measurements and built them. I returned to their shop to pick them up and told them they looked rather large. they seemed unconcerned. while installing them it became obvious they were to big. and I reinstalled my old ones. I called them and they had me take measurements (they told me what to take) and they made another set. I met the owner in a town close to me and retrieved the 2nd set. I installed them completely and when I put the vehicle on the ground the springs collapsed the shackle (swingarm for the springs) to the frame of the vehicle making it undrivable. I reinstalled my old springs. I called the owner and he became very argumentative so I asked for a refund and he refused and hung up on me. I called back and he requested new measurements, I took them and asked if he was sure he would get it right this time. he wasn't convincing. and I still wanted a refund. the owner delivered the 3rd set to me at a location closer to my house. they looked right this time. I installed them and they seemed ok with the exception that now my driveshaft would not hook to the differential because they did not include the pinion wedges (I had asked about these initially) that angle the differential properly. I called, he refused to send the wedges so I ordered them online and parked the vehicle till they came a week later. upon going to install the wedges I noticed the springs had collapsed the shackles to the frame, making it undrivable. I reinstalled my old springs. Now he says he'll give me a refund only after I pay to return these wrong springs and hung up on me. he also says I will be charged a 15% restocking fee.....For a custom made part that will not fit on my vehicle! so my question is: if I take him to small claims court how strong is my case and can I sue him for all my shop time/gas/full refund/time off work/court costs/etc.
 


justalayman

Senior Member
Given he cannot provide you with a useable part, he has no claim to charging any restocking fee. He owes you what you paid him. You would not be due any of the other costs: lost work time, gas, or shop time. Most states allow for court costs.


A couple questions for my own edification;

What do you mean by the springs collapsed the shackle? Especially curious about the set that originally seemed ok but later caused the shackle to colllapse. The shackle is what allows the spring to get shorter or longer as the axle moves upward or downward. If the springs are the proper length at a normal resting position, the shackles are roughly perpendicular to the frame rail. I don’t understand how the springs can initially allow for a correct geometry yet upon setting for a week the springs had now changed length and caused the shackles to be fully swung (presumably) backwards so the spring now hit the frame.

Then, as to your statement about needing pinion wedges to rotate the diff housing so the driveshaft would fit ; that is an incorrect alteration. The pinion angle needs to match the transmission output shaft angle so they are parallel. Rotating the differential (and with that changing the pinion angle relative to the trans output shaft) causes a misalignment which can cause vibrations and additional strain on the u-joints. Regardless, an improper alingment between the pinion and trans output shaft would not prevent you from installing the drive shaft. If the lift caused such an excessive difference in the pinion and output shaft that the u joints could not allow that much offset, you would need to do more than rotate the diff housing to fix it. While rotating the housing might allow you to install the driveshaft, it is not a proper installation and generally results in driveline vibrations and reduced life of the u-joints. Leaving it in such a condition long term can have adverse effects on many other parts as well.

I would be more concerned with you relocating the rear end. If you change the wheelbase (which is what is altered when you shift the differential forward or backwards) you would have to alter the length of the driveshaft to accommodate this new distance from the transmission to the pinion. When you lift a vehicle you also need to alter the length of the driveshaft to accommodate the increased distance from the trans to the differential. Your two alterations (raising vehicle and moving alignment pins) may have adequately offset each other which is why your driveshaft was a relatively correct length.

Regardless, the new springs should not have altered the pinion angle and as such, you should not have had to rotate the housing using wedges.




Anyway, you would be due the cost of the springs and court costs. The rest is not recoverable.
 

Zigner

Senior Member, Non-Attorney
The OP gave the shop certain measurements and the shop provided a product with those measurements (eventually). I don't see that the OP has any claim against the shop.
 

adjusterjack

Senior Member
The OP gave the shop certain measurements and the shop provided a product with those measurements (eventually). I don't see that the OP has any claim against the shop.
The shop person did the measuring for the first set of springs and didn't get them right.
 

Zigner

Senior Member, Non-Attorney
The shop person did the measuring for the first set of springs and didn't get them right.
But the OP did the measuring for the third set and they did get them right - the OP is just concerned about other issues that have arisen since he put the springs on. The shop has offered a refund (less the 15% restocking fee) for the return of the custom springs. That seems very reasonable to me.
 

justalayman

Senior Member
The OP gave the shop certain measurements and the shop provided a product with those measurements (eventually). I don't see that the OP has any claim against the shop.
And the shop instructed op what measurements to take. As long as op’s measurements were accurate and of the proper item to be measured, it still falls back onto the manufacturer
 

justalayman

Senior Member
But the OP did the measuring for the third set and they did get them right - the OP is just concerned about other issues that have arisen since he put the springs on. The shop has offered a refund (less the 15% restocking fee) for the return of the custom springs. That seems very reasonable to me.
No they are not right. The shackles are still out of position when the truck is at rest. I did ask how it changed over a weeks time as it shouldn’t change over a quite lengthy period of time (typically years). Either the metal used was improper or it was treated improperly and it has already fatigued to the point of causing the shackle to swing backwards its maximum amount. In other words; it sounds like the arc of the spring has collapsed. That is the only thing that would cause the spring to elongate and if it was constructed properly, it wouldn’t lose its arc this quickly.
 

Zigner

Senior Member, Non-Attorney
And the shop instructed op what measurements to take. As long as op’s measurements were accurate and of the proper item to be measured, it still falls back onto the manufacturer
The OP seems to have no problem with the parts - he acknowledges that they are right. I think the problem is that the OP is trying to make a modification that just can't be made on his truck.
 

Zigner

Senior Member, Non-Attorney
I think my point is that the OP asked for a certain thing and got that certain thing. It's on the OP that he didn't ask for the right thing.
 

justalayman

Senior Member
The OP seems to have no problem with the parts - he acknowledges that they are right. I think the problem is that the OP is trying to make a modification that just can't be made on his truck.
Yes he does have a problem with the parts. After installing them and initially appearing ok, after setting for a week the shackle has been swung to its limit. That would have to be caused by the springs losing their arc. That causes them to elongate and push the shackle backwards. It should not do that from sitting there for a week.
 

justalayman

Senior Member
I think my point is that the OP asked for a certain thing and got that certain thing. It's on the OP that he didn't ask for the right thing.
It appears he got a defective thing even if they were made to the proper size. That isn’t getting the right thing.
 

Zigner

Senior Member, Non-Attorney
Yes he does have a problem with the parts. After installing them and initially appearing ok, after setting for a week the shackle has been swung to its limit. That would have to be caused by the springs losing their arc. That causes them to elongate and push the shackle backwards. It should not do that from sitting there for a week.
Are we sure that the OP spec'd the correct type of spring? Was it strong enough for the application?

I can definitely see what you are saying, but I think that there is enough uncertainty that it may be wise for the OP to return the springs and eat the 15%, vs running the possibility of losing in court (if it gets to that.)
 

justalayman

Senior Member
Are we sure that the OP spec'd the correct type of spring? Was it strong enough for the application?
that would be up to the manufacturer to determine. He needed to ask what model of truck it’s for and research the capacity and ask what it was being used for. Generally (as an example) if I want to lift a 2017 Ford F-150 3 inches I would tell the supplier I had a 2017 f150 and I wanted to lift it 3 inches using re arched springs and not simply lift blocks. The supplier of the springs should provide me with a spring of like capacity but arched to cause a 3 inch lift as on OEM spring.


But given they weren’t actually put into actual use, the fact it appears they have collapsed in a weeks time strongly suggest a defective part.

I can definitely see what you are saying, but I think that there is enough uncertainty that it may be wise for the OP to return the springs and eat the 15%, vs running the possibility of losing in court (if it gets to that.)
as I understand the information I see no uncertainty as to the op’s claim (of course op could be shoveling a load of BS making any answer invalid) BUT as most will state, going to court is always a crap shoot. While I understand the mechanics and issues involved here, it’s not likely a judge will have the same engineering knowledge and understanding as I. That could result in the judge misunderstanding the issue and making a poor decision based on that poor understanding.

In my personal situation, that 15% would almost certainly be much less than the money I would lose from missing work. As such the wiser action would be to accept the 85% refund and call it a day.
 

Mr.Owallahalla

Junior Member
the "OP"

I went to them and explained what I wanted to accomplish. they took measurements. made them wrong.(bout 12" to long). they had me (as Im an hour and a half away) take measurements and told me what to take. the second set were wrong (too long, shackles were to the frame) at this point I wanted a refund and they refused. they had me take more measurements and again told me what to take. wrong again! at this point they were just a few inches too long, when i put the weight on them they were ok but when I drove it they collapsed, lost 2" of arch, shackles went to the frame......my existing springs have pinion wedges to get the proper angle for the driveshaft....I mentioned that to them initially and they said "I didnt need them", well I did. (was moving center pin forward an Inch to help clear fenders, tires rub during off road articulation)(and yes the front driveshaft needed extending and I was aware of that and had arrangements to get it done)

i have pics of the whole process and the email correspondence. they did not refund all my $$$ I'm out a couple hundred plus the massive waste of time....Im no better off and still have to get them made somewhere...if they couldnt build them properly or if what I was trying to accomplish could not be done they should have said from the start (I am not an Expert on building Leaf Springs) I have since reached out to 4x4 forums/groups etc online and have found out exactly where they've gone wrong and that what I'm asking for is very possible. Thanks for all the replies :)
 

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