Who is liable for cost of reapair?

I bought a part from this company and had it installed by a ASE certifed mechanic. The part failed shortly after 6000 miles. I had the company send me a new part but i had to pay for labor charges. Who is liable for the cost or repair...i believe the company that supplied me with the part. I just ogt done reading there liablilty area and it seems pretty well written and seems like they are trying cover there track by writing they are not responsible for labor charges or anything like that even if the part is bought from them. Using words like parts are bought "AS IS" i think its pretty chicken crap for not owning up to selling me a bad part. can anyone give me some legal or advice on what i should do. here is the site and maybe you can read it and tell what you think.

BLAUfergnugen! Inc. Comprehensive Policy, Procedure, Terms and Conditions

The bottom line comes down to two critical pieces of information you have glaringly omitted. 1. What was the part? 2. Does it state the part is under warranty or exempt from warranty?

If it says it is under warranty and says it is guaranteed for a certain number of miles and under certain conditions, you are in the right.

However, if it clearly states PART HAS NO WARRANTY or expresses stipulations regarding said warranty of this particular part, you are out of luck.

So, what is the part and what does it say about the warranty of the part?

Should be a simple question.

Also, did you see this little gem? "It is BLAUfergnügen! Inc's policy to accept or reject any warranty situation at our discretion. " Basically, when you bought the part, you accepted this restriction ( that they have the right to reject (nullify) any warranty as they see fit). I believe it appears as though you are out of luck--unless you can provide more information to the contrary.

I don't remember the part having stated any warrenties wheather exempt or not. i mean they must feel a little at fault since they sent me a replacement part but i'm starting ot feel this company doesn't have good business ethics.

If they sent you a replacement part, then what is the problem?? What do you want them to do? They cannot be responsible for the person YOU chose to install the product. I don't understand your complaint.

Also, you don't say what the part was----6000 miles is rather substantial for some parts. I might be a Corvette gal, but I know my car parts. Try me.

There she goes again... blathering on when she should just shut up.

I suggest you contact the better business bureau in your town and theirs. Send the company a copy of your letters.

Clearly there are other factors, including the labor being incorrectly done, that could affect the life of the product. THAT is why they do not go further than the value of the part. Read the fine print. Deal with reputable first rate product sellers and installers and you should not have this kind of problem.

Name ONE factor that could affect the life of the product and explain how it is the responsibility of the manufacturer. Go ahead. I'll wait.

While you are ruminating, I'll give ( again ) the correct answer.

Here is the bottom line, taken from my previous posting, from the web site of the manufacturer---a caveat the poster AGREED to when he purchased the part: ( whether you like it or not):

"It is BLAUfergnügen! Inc's policy to accept or reject any warranty situation at our discretion. "

Since we don't know if the part is under warranty or not, I added the following information:

If it says it is under warranty and says it is guaranteed for a certain number of miles and under certain conditions, you are in the right.

However, if it clearly states PART HAS NO WARRANTY or expresses stipulations regarding said warranty of this particular part, you are out of luck.

There is no way the manufacturer can be responsible for things they cannot control. They cannot control what happens to the parts after they leave the warehouse, nor can they control improper installation. Therefore, aside from the part itself being defective ( which lasting for 6000K would indicate that it was not) there is no recourse, especially since their policy clearly states AS IS. If you don't like 'as is', don't buy there.

Call the BBB and complain about terms he agreed to and accepted when he purchased the product? Caveat Emptor, buyer beware. If the company sells cheap parts ( although 6000K is a lot for some parts) do business with a better company. A company is allowed to sell cheap parts. The fact that their policy says AS IS or the fact that their policy allows them to nullify warranties at their discretion means he should have chosen a company with a more liberal customer friendly policy. Their terms and conditions are clearly stated, and in spite of their 'as is' policy, they STILL acted in good faith and replaced the part.

I never told him not to contact the Better Business Bureau. But, contacting them doesn't mean he has a LEGAL right to expect them to pay for installation repairs of a replacement part. The BBB is NOT a legal entity and does not engage in legal representation. Sure, call them. Why not? But, that doesn't change the company policy and the fact that the buyer accepted those terms by purchasing the product. Try to understand--it isn't that difficult of a concept, really.

Feel free to disagree with me and explain why, as a matter of law, (not your opinion of how it should be) the company should pay for the repairs.