junk yard question- law involved ?

[Lawrence Weeks]

Once upon a time (Thu Sep 26), Mike Jez wrote:

> so this tranny has a 90 day warranty on it, my 1st gear is fucked
> up totally, it grinds, pops out, and its hard to engage, tranny
> makes noises when U drive and accelerate- sounds like straight cut
> gears. Question I got is... I know I can get my $$$ back for the
> tranny itself, but what about the labor?

I find that highly, highly unlikely. They didn't install the
part. You would have to prove negligence on their part to have
much of a chance. Did they claim the transmission was tested and
worked great? Have it in writing? I'll presume not. The fact is
that you purchased a used part intentionally, from a junkyard, not a
remanufacturer. The fact that it has problems isn't out of the realm
of reason, it is used.

The only way I would see you getting a shot at getting money for your
labor is if they now refuse to refund your money for the transmission
itself. You then may (MAY) get a court to award some penalty in the
form of re-imbursement for your labor, in addition to re-imbursement
for your time dealing with the problem of them not refunding your
money. But even that is doubtful.

However, if they cheerfully refund your money, you will surely be out
of luck. They've held up their end of the bargain, unless you have
some piece of paper that says they guarantee that the used tranny
will have no problems.

Larry
--
Lawrence Weeks      "Audaces fortuna juvat."      dev@anabasis.net