In October I had my brake discs, pads and rear calipers changed at ATS. I bought the rear calipers new from MX5parts. over the couple of days I’ve been hearing a scraping noise from the drivers side rear caliper - took it back to ATS and they say that the caliper has seized and it’s scored my nearly new rear disc.
Phoned MX5parts and they’ve told me that they need to ‘send the caliper back for testing’ before they’ll do anything like give me a replacement. This has left me a bit stuck, not only do I have to fork out for new rear pads and discs to replace the damaged ones but I’m also looking at buying a new rear caliper from MX5parts with only a vague reassurance that I’ll get the money back. Shouldn’t the part be under warranty?
Its the way of the world; MX5parts though seem to insist on things being sent away “for testing”, rather than receiving the item in question, quickly deciding it is indeed faulty, and sending you the caliper by return of post. The Sale of Goods Act requires that the seller has the “responsibility to ensure the goods are repaired or replaced at no cost, minimum inconvenience and within reasonable time.”. I don’t think there is a statutory guarantee period for brake calipers; if they were purchased from Mazda UK, probably 12 months, but who knows where MX5parts get theirs. New EU laws mean that if the item is faulty within 6 months, you are entitled to a higher degree of protection; if it breaks down within this time period it cannot have conformed to the contract specification when purchased and you have the right to an automatic repair or replacement. You might be also able to claim damages; the cost of the disc and pads.
The quickest solution, if the car is driveable, is to see if you can get to MX5parts. They have a service workshop, so can establish presumably very quickly that the caliper is indeed faulty. Alternatively, perhaps seek out one of the MX5 specialists; most of them are trade customers of MX5parts, and are known to them. With MX5parts’ permission, arrange for the caliper to be inspected, and the mechanic report back to them with his findings.
Not sure where you are; some that spring to mind: Dandycars (London), Autolinkuk (Winchester), Sam Goodwin (Nuneaton), 5Speed (Nottingham), Performance5 (Northwood, Middlesex). There are others.
Or else, you may have to be prepared to buy a new caliper off MX5parts, send back the old one, and get your account credited by MX5parts.
Was it a brand new Mazda caliper (in a Mazda box etc) or a remanufactured caliper (lloks new, but is in someone else’s box)?
It was the new part rather than the recon ones they sell - bought two at £180 each. On the site it says they’re genuine mazda parts.
Unfortunately it went while I was visiting my parents so the car is stuck up north. Had to get the train back to London yesterday. So no car, £800 spent initially and further bills to come.
If you are with a recovery company, like AA, RAC, check if they will recover your car to a garage of your choice, (eg. MX5parts).
Changing a caliper isn’t all that hard a job, though I understand why you wouldn’t do it yourself. Not sure I would have used ATS to do the work (really surprised they were wiling to fit customer supplied parts), not that really helps you right now.
Why wouldn’t you have used ATS? Brakes and tyres are the main thing they do. They let me buy my own calipers as their supplier wanted £350 each side - it’s causing me problems now though as that’s the bit that’s failed.
Will have a go at most stuff but have always shied away from doing the brakes for safety reasons if I make a mess of it.
If they are genuine Mazda calipers, surely this does not mean shipping them to Sumitomo? Or Mazda in Belgium (if these are sourced from mazda Europe). I think not.
MX5parts are acting as an agent, or shop, for various suppliers. They seem to think when it comes to warranty claims, the problem should be established by their supplier (manufacturer), not them. But the Sale of Goods Act says the purchaser has a contract with the Seller, not the manufacturer. The shop (MX5parts) can’t turn around and say its up to the manufacturer to determine the fault, in order to smooth their own internal shop-to-supplier compensation. that is of no concern to the customer; its MX5parts’ problems. They should be establishing if the part is faulty or not. If they do not have the means to check parts like calipers, they shouldn’t sell them. It doesn’t take complicated equipment or qualifications to establish such faults.
I’m pretty sure if I have a cooker that breaks down under guarantee, I don’t have to faff about living on microwave meals, while the cooker is sent by Currys back to Spain for it to be checked. Currys (or any other shop) will have their own engineer who will determine the cooker is faulty, and needs repair or replacement. MX5parts are entitled to ask for the caliper back to check, but they should not then delay tthings by sending it to their supplier for checking, because they are unable to. For a staert, MX5parts do have the ability to determine if a caliper is faulty; they employ mechanics (apparently a perfectionist), who are sufficently skilled/qualified to recognise a faulty caliper, and are also skilled enough to recogise if the caliper has been misused (eg. badly fitted, causing damage). All of that can be determined very quickly after a caliper is received.
All of this is a bit complicated because the owner is now a long way from his car, and presumably the faulty caliper is still on the car.
Definetely check up on your Statutory Rights here.
Yes, the caliper is still on the car. Even if it wasn’t 250 miles away I couldn’t send it back without having a replacement sent, as the car can’t sit at the garage for weeks while they sort it out.
As it stands I’ve got to buy a replacement on my credit card and then see what happens.
Brilliant offer cheers - but I’m nowhere close. The car’s in North Wales. My dad knows a good mechanic and he’s going to sort the car when I decide what I’m doing with the brake calipers. It’s just that he can’t store the car while the brake caliper goes back ‘for testing’. He could keep it for a couple of days but not much longer.
On a side note, if they send you a replacement, then the warranty on the defective product still applies.
e.g. you bought the caliper in October 09 and it breaks in July 10, they send you a new one foc, the warranty for the new one will run out in October 10
maybe they’ll strip and “recon” the unit up here