Cracked Alloy wheel after 7 weeks

[Mr.Shanahan]

I purchased a set of alloy wheels from a company on 5th July 2014. The wheels had tires fitted and put on the car by a different company on 12th July 2014.

The car went in for its MOT on the 1st September and during checks the MOT bay spotted a crack on one of the wheels which was an instant fail.

i have contacted the company that I bought the wheels off and they tell me there is a 1 year manufacturers warranty on the wheels against manufacturer fault.

i think they are going to try to play hard ball with me and tell me the wheels are not covered for this kind of damage. I wanted to ask the forum if anyone has a view on whether I have a chance of getting a replacement?

Any help would be great.

[des8]

Re: Cracked Alloy wheel after 7 weeks

Do you why the wheel is cracked?
I understand that certain alloys (BMWs?)/ larger alloys are prone to cracking.
If it cracked because of accidental damage I doubt the warranty, or your rights under Consumer Protection law, will help.
If you don't believe the accident was accidental (kerbing it or hitting pothole) I would suggest you get an independent report confirming it was a manufacturer's fault,

Since writing the above have found this:http://www.justanswer.com/uk-law/69h...using-pay.html

[Tools]

Re: Cracked Alloy wheel after 7 weeks

Good advice there by Des.

If you fail to reach a satisfactory result you may also have the option of making a section 75 claim if you paid using a credit card over £100.

[Mr.Shanahan]

Re: Cracked Alloy wheel after 7 weeks

The wheels are immaculate. I've been working down South for the last 4 weeks using a hire car so they are hardly used. The wheels are aftermarket.

i thought consumer rights say the provider has to prove the item was not faulty within the first 6 months after purchase if there is a fault?

[Johnboy007]

Re: Cracked Alloy wheel after 7 weeks

Just one point.
If you buy goods at an auction house then Consumer Law is different.
So beware.

[paulajayne]

Re: Cracked Alloy wheel after 7 weeks

"i have contacted the company that I bought the wheels off and they tell me there is a 1 year manufacturers warranty on the wheels against manufacturer fault."


Providing not kerbed and show no signs of damage then above covers it. I cannot see why you are concerned.

[des8]

Re: Cracked Alloy wheel after 7 weeks

RE who proves what, your problem is that the manufacturer is only liable if the problem is due to inherent fault in the product.
For the first six months after purchase it is assumed the goods were faulty and the manufacturer would have to prove the contrary to avoid replacing them.
However in practice you will have to surrender the damaged wheel to the manufacturer for examination, and so to protect your own interest you would need to have an independent report saying it was a manufacturing fault, or at least that there was no indication of accidental damage.
Without a report, once surrendered you would have no way of proving the goods were faulty.

[Mr.Shanahan]

Re: Cracked Alloy wheel after 7 weeks

So what I'm hearing and from what I've read, to protect myself and to get my car up and running I should do the following;

get another company to look at the wheel and provide an evaluation on how the damage may have happened.

if the company want me to surrender the wheel then I should give them the wheel.

to keep me up and running I should purchase another wheel, but make it clear that I do this in protest so that it doesn't affect my rights.

wait for the company to tell me the situation and if they argue it's outside warranty then provide the independent report as argument.

fight it out as much as I can until A, I get agreement to replace at which point I request a refund or B, I don't get a replacement and I have to accept it.

[des8]

Re: Cracked Alloy wheel after 7 weeks

Basically yes, your understanding is correct.

You will need a written report from an independent engineer.
You are not claiming against the warranty, but under your consumer rights and against the retailer.

If the retailer is the manufacturer that's fine. If the retailer is not the manufacturer they will of course refer it to get a report.

[Mr.Shanahan]

Re: Cracked Alloy wheel after 7 weeks

Yes, they have asked for the wheel so they can look at it. I've advised them that I'm going to get my own report since I've had to fork out for a new wheel. I don't just want to be fobbed off.