If I purchased a car part from a salvage yard and had a mechanic put it in but it turned out that the part was broken, should the yard pay his labor costs?

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If I purchased a car part from a salvage yard and had a mechanic put it in but it turned out that the part was broken, should the yard pay his labor costs?

I purchased a transmission with a 6 month warranty from a salvage yard. When my mechanic installed it on my car and filled it with fluid he found that the case was cracked and the transmission fluid was leaking out. After much arm twisting the shop has agreed to give a full refund on the transmission, but they refuse to pay the mechanic for the work putting the broken transmission in to find out it didn’t work and then remove it again so that we can return it to the salvage yard. Should the yard have to pay for his labor since it was due to their faulty part or do I have to pay it?

Asked on March 21, 2011 under General Practice, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The yard may not have to pay for his labor costs if the warranty in question only covered parts and not labor. When you purchase items from a salvage yard, the fact you received a 6 month warranty is great but it is in many ways assumption of the risk for lack of a better phrase. If your warranty is limited and you contractually agreed to a limited warranty, you may not require them to pay your labor costs. Think about filing a complaint with the entity who oversees this company's licensure and may be through that complaint you can get some of your labor costs back.


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