Faulty Goods from Northpart4wd

[mmmm4444]

Hi All

Not sure if this is the place to past my issue but I'm wondering if any members would have advice on my situation.

I ordered and paid to be delivered a starter motor for my truck from a well known North Island supplier. I would like to mention the supplier to disassociate all the good suppliers out there but I'm not sure of I can do this legally?

What arrived shocked me a bit but I needed the starter to get my truck back on the road ASAP for work purposes. The starter was old and oily/rusty but I thought time is of the essence so I presumed the supplier had tested it and went ahead and installed it on the truck. Surprise it didn't work ! I have it teased and confirmed it didn't work?

So I contacted the supplier and they said return the starter and we will replace it which I did. When the supplier received the starter back he said it wasn't the one he had sent and to return the starter he allegedly had send me. I explained that was the starter but he and all his staff denied this as he said all the staters he sent out are clean and painted which this was definitely not and he wouldn't refund my money until I sent him back "the starter he originally sent me".

So the question I have is how can I convince/prove to him that his staff have sent out a substandard starter and if that fails what our my legal rights.

I would love to name and shame but I would like to give the manager the benefit of the doubt that his staff messed up and the staff are therefore denying all knowledge.

Any help would be much appreciated.

Thanks

[tweake]

did you take any photos of it ?

[SMOKEY]

You have done the right thing ----- contacted the supplier ------- he said you said ------ after all goods need to be "fit for purpose", ask for your money back and then you have given them a chance to put it right , NAME,

THE CUSTOMER IS ALLWAYS RIGHT,

FITZY.

[mike]

Its not illegal to name the supplier if what you are saying is true and correct can be upheld in a court of law. The loss of business from the bad rep he will get will outweigh the cost of rectifying this situation for him. So if he won't sort or fix it then state exactly what happened and let the masses determine for themselves if they want to have future dealings with him. Doesn't really help your case but no business should / ever want bad publicity. Point them to this thread and see if they rectify the situation.

Defamation - you can't be liable for libel if you are telling a. the truth, b. pretty much the whole truth or c. what you honestly and reasonably thought was the whole truth! Think about online reviews of products, hotels, restaurants etc - imagine all the libel writs if the bar was that low to a successful claim.

Taken from another NZ forum posted by a lawyer.

[lax2wlg]

If you are talking about 4wdbits, I once purchased an alternator from them, installed it, and it was dead.

Got it tested, dead.

Sent it back, money back in my account within 3 days.

[Crash bandicoot]

I use Outback 4x4 in Ngaruawahia haven't had any issues.

[Pedro]

how did you pay for it? credit card ? if so contact credit card company and stop payment. i think you have up to 3 months to do this

pedro

[mudlva]

personally i think the problem here is that the supplier is disputing the item sent back for warranty repair.

this being the case i tend to think you are caught between a rock and a hard place due to the fact that you didn't contact them about the condition of the starter before you installed it.

if you had done that then i believe that you would be in a way better position to fight for a new unit,

since there was no "just on delivery" discussion, then there will be this issue of what was sent verses what was sent back for warranty.

it might pay to take a photo of the original starter to say that this is original and you have no others so the one sent back has to be his, and hope that he will take your word for it. its a very difficult situation

[TJ]

Can people avoid naming vendors in this thread that have nothing to do with the original transaction. Its not really fair on those innocent vendors.

[mmmm4444]

Thanks guys for all your comments and feed back. I will try and resolve this once more with the company (the company has not been named in this thread to date) and if they are still not interested in what i am saying i.e. I am unsuccessful on getting a refund I will think of my other options; name and shame, maybe small claims court..........?

It's a sad state of affairs in NZ when you have to start looking out for the devil around every corner.

Cheers

[mmmm4444]

There you go Gavin

Thanks for ignoring all my emails and telephone calls regarding the issue with the starter motor

Named and shamed

Regards

M

[slidenyo]

there is a very easy way for this to cost the supplier a lot of money,
it involves you taking them to small claims court,
a processing fee is added,
a lawyers fee is added,
suddenly the supplier who may have to replace a $120 starter owes you
$1400.
A guy on another forum explained in very specific detail the process.
A clever parts supplier will have a stamp made to mark their parts and stamp a tested date on it.
It will be their policy to stamp every part sold to make sure they are not defrauded either by someone taking the piss