Used engine headgasket failure not covered warranty??!

realscot

realscot

realscot

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So I bought an engine for an Audi 2.0tdi via 1stchoicespares.co.uk for £950 and the engine came with a 3 month warranty.
It arrived quickly and seemed ok. Fitted it on Saturday to the car, and after a bit of running in it appears the head gasket has a bad leak and the car is loosing lots of coolant through the engine.
I contacted the supplier and was told that in their terms and conditions "gaskets and seals" are not covered by the warranty. I can understand minor oil or water leaks but surely the head gasket is the most important gasket on the engine. They have offered to send a gasket kit, but its the time and labour that will cost another arm and leg.
Should I argue that the engine is not fit for purpose and should be returned for a refund or replacement?
Not sure where I stand on this one.

Any advice?
 
To me surely if it needs the head gasket done its basically not fit for purpose if it was purchased as working engine?

Did you pay on a credit card?
 
I wouldn't fit a 2nd hand engine without doing the head gasket, water pump gasket and sump gasket. With the engine already out of the car, it seems madness not to and it's a few hours work tops. Plus it also gives you a chance to inspect the engine for wear. I'd drop a rod and crank cap as well to check for bearing wear.

The real question is, did you agree to any terms and conditions when buying the engine that indicated gaskets and seals were excluded from the warranty?
 
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the problem with that amigafan2003 is that often splitting the engine to do things like that will void any warranty you may have got with the engine from the supplier.
 
When I had to fit an engine to my Leon, it was common between suppliers that essentially you were buying parts, nothing except the block and head were guaranteed to work, to replace all perishables and maintenance parts, and to assume the timing was NOT correct.
 
realscot said:
the problem with that amigafan2003 is that often splitting the engine to do things like that will void any warranty you may have got with the engine from the supplier.
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Like amigafan I'd never fit a 2nd hand engine without stripping it and checking it out thoroughly, and replacing what I would consider consumables, and that includes all gaskets and seals, yes even head gasket is a consumable in my book.

After doing that I would know that the engine was fit and ready for years of service, so a poxy 3 month warranty from supplier would not be anything I'd worry about loosing.
 
Forget the warranty, they have supplied you with an item which is not fit for purpose. You have bought an engine, which was sold to you on the provision that it was "working", in the standard sense of the word. Because a major component in the engine has failed, whether or be a gasket or a crankshaft, the engine will not be able to function as intended. This isn't you quibbling that the cam cover gasket has a minor leak or something silly, this gasket is essential to the running of the engine and to rectify it yourself would be impractical, and it will cost hundreds more to get someone else to do so. You could argue that you could expect to have minor problems with a used engine and that it is reasonable to expect this. It is not reasonable at all to have a major part fail within days of fitting it.

It is up to them to either rectify the fault or give you your money back.
 
Dave85 said:
its basically not fit for purpose
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Gaygle said:
Forget the warranty, they have supplied you with an item which is not fit for purpose.
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This has to be one of the most misunderstood terms ever.

Essentially, my understanding is that fit for purpose means:

The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.
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Fit for purpose is about 'Hello, please recommend me a tyre that is suitable for my 1999 Ford Mondeo' and then finding you've been sold a 20 inch low profile tyre that doesn't fit. This tyre is not fit for purpose.

If goods are broken or defective then they are not of satisfactory quality.

Goods shouldn't be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question? For example, bargain bucket products won’t be held to as high standards as luxury goods.
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So, mis-sold = not fit for purpose, broken = not of satisfactory quality.

Obviously this is just my view and is not warranted in any way :p
 
You've bought the complete engine as a whole, but in it's current condition with the faulty gasket, it can't be used as advertised.
 
Credit card - yay!
Paid thru paypal - Goodbye s75 as I understand it

However unless their T+C's say anything specific about it I'd also go down the route of not of satisfactory quality and request a return and refund.
 
[TW]Fox;30045549 said:
This has to be one of the most misunderstood terms ever.
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You say it's a massively misunderstood term, but then you go on to say that your understanding of it is simply your view on it, so how can you say it's misunderstood? :p

[TW]Fox;30045549 said:
Essentially, my understanding is that fit for purpose means:

Fit for purpose is about 'Hello, please recommend me a tyre that is suitable for my 1999 Ford Mondeo' and then finding you've been sold a 20 inch low profile tyre that doesn't fit. This tyre is not fit for purpose.

If goods are broken or defective then they are not of satisfactory quality.

So, mis-sold = not fit for purpose, broken = not of satisfactory quality.

Obviously this is just my view and is not warranted in any way :p
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Yeah, I guess this makes sense, but I can see why people say "not fit for purpose". Its purpose is to be a correctly functioning engine, and by having an essential component fail, it renders it unfit for it's purpose.

It's semantics, but the principle remains the same. The warranty shouldn't even come into it - your statutory rights remain. You have been sold an item which is not of satisfactory quality/NFFP and the company you bought this from has obligations upon them in instances such as this.
 
~Divine~Wind~ said:
Credit card - yay!
Paid thru paypal - Goodbye s75 as I understand it

However unless their T+C's say anything specific about it I'd also go down the route of not of satisfactory quality and request a return and refund.
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Paypal have their own scheme in which you can claim back money in the event that you buy an item which is not of satisfactory quality, even if you have not purchased through eBay, you should be covered still.
 
Their warranty info said:
Engines: Customers must state if ancillaries are required. If a complete engine has been requested this means head, block and sump, it does not mean with ancillaries as these may be sold separately. Any ancillaries left on the engine e.g. water pump, cam belt, have been left on for our convenience upon dismantling the engine from the vehicle and are not covered by this guarantee. Gaskets and oil seals are also not covered
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There's also the concern as to how long the head gasket may have been gone before the car landed up in a brakers. The block or cylinder head may have cracked if its been ran hot.
 
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According to the 1stchoicespares website, if you receive a part you feel is faulty then

"Simply contact the supplying member direct to inform them your part is faulty. The member will usually ask you to return the faulty part and either dispatch a replacement or if they do not have one available, they will arrange for an immediate refund.
If the matter cannot be resolved then you can report the problem to our Customer Care team via the link on the "Contact Us" page."

Looks like that is the way to go then.
 
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