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Hi,

 

I bought a brand new OEM radiator from a BMW dealership to fit myself (I have a long list of reason why I don't allow dealerships to work on my cars).

 

Upon fitting the radiator and filling it with coolant, it leaked.

 

Now then, the dealership refuse to refund or exchange the item unless I get my car to them at expensive, which will be an expense as it can't be driven.

 

They told me if I hadn't fitted the part already, returning it would be no problem - do they really thing I bought it to sit on shelves?

There's no way I could have found out it was faulty unless I fitted it. Well I could have poured water into it, but I honestly thought BMW had some sort of quality control to save me this bother!

 

Where do I stand legally?

 

John.

 

 

 

ps. They did exactly the same with a fuel pump I bought nearly 2 years ago, the fuel level sender on it didn't work. So in that case I was able to take the car to them - but I wasted an afternoon off work and they damaged the paintwork on my car by simply washing it - which then took THREE further visits to them to rectify.

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Under the Consumer Rights Act, if a defect develops within 30 days of the date of purchase then you have a short term right to reject. You should write to them and inform them that the item is faulty and that you are returning it to them for – a refund or replacement at your option. Send the letter of straightaway.

 

You can either take the radiator out and return it to them – or I suppose if you wanted to get things complicated, you could have it taken out by professional and then claimed not only the refund but also the cost of the work. You can also claim from any associated costs – even if you take out yourself.

 

The important thing is to assert the short term right to reject within the 30 days.

 

I suggest that you take photographs and no doubt you will want at least the cost of the coolant to be replaced. Include all bills part of your claim.

 

I don't really see what the problem is – except that lots of retailers – even very reputable/respectable ones don't seem to understand the first thing about consumer rights.

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But surely it will be up to the OP to prove that he installed this correctly using the correct tools inline with the manufacturer's installation guidelines.

Would help of the op described what part of the rad is leaking.

 

This scenario is very different to buying an iron and finding out it doesn't work.

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The out edges of the radiator are plastic, the top corner piece looks to be two pieces of plastic (glued together?), it's leaking out of the seam.

 

I have pics, but I'm not yet allowed to post here due to my post count.

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Under the new Consumer Rights Act, once the purchaser has shown that there is a defect, then the assumption is – within the first six months – that the defect existed at that point of sale.

 

It is up to the dealer to produce evidence that it was installed incorrectly or handled badly

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The out edges of the radiator are plastic, the top corner piece looks to be two pieces of plastic (glued together?), it's leaking out of the seam.

 

I have pics, but I'm not yet allowed to post here due to my post count.

 

I have seen this problem on a new radiator myself.

The gluing process is not done properly and it leaks.

My advice is to take it out (you will have to do this anyway) and return it.

Once they see where it's leaking from, most likely they'll replace it.

I would ask for free coolant as well, even though you could re-use the one you have in the system now by draining it in a clean container.

When you get the new one test it before fitting, you never know.

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I offered to take it to them and pour a jug of water in it and they'd see. Their reply was "no, it must be fitted to the car".

 

Update... They are giving me a replacement. As they do a lot of business on car forums and I enquired about the part on a forum, I think they are just replacing it to keep "good face".

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I offered to take it to them and pour a jug of water in it and they'd see. Their reply was "no, it must be fitted to the car".

 

Update... They are giving me a replacement. As they do a lot of business on car forums and I enquired about the part on a forum, I think they are just replacing it to keep "good face".

 

What about free coolant? 😁

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