GENERAL
Upgrading brakes
Q Wanting to upgrade the brakes slightly on a family car during servicing, I found that two garages we have used previously now refuse to fit customer supplied parts, even those from Branded and OE manufacturers.
Reason claimed is insurance liability (though I suspect losing the profit margin on parts is a big factor?). I wonder if this is a new trend and becoming a problem for those not confident or capable of doing every job themselves.
We wanted to use new brake discs and Green Stuff pads from EBC – a most reputable (and OE) supplier, but the particular garages do not have an account with suitable trade stockists. Therefore, only wish to fit “ordinary” stock/pattern parts. The car is NOT a track day racer, just an ordinary hatchback family vehicle that would benefit from a mild upgrade, and less brake dust, to be better than standard.
An example quoted to me was: “if we fitted a set of vehicle manufacturers own mudflaps and one happened to fail and detach, hitting another vehicle or person, it would be the garage who fitted the part, NOT the component manufacturer who would be liable”.
It’s common knowledge insurance companies look for any slight excuse to avoid paying out, but the above example seems dubious.
I read many times that used, or customer supplied parts (sometimes recycled/used) have been fitted in your garage business and to CM project vehicles. Has insurance liability ever been an issue or concern?
Surely, if a new brake lining detached from the backing, an alternator shorted, a damper leaked, the manufacturer warranty applies. But if the bolts were left loose, then it’s the fault of the mechanic/garage and NOT the component? Are we descending deeper into the American culture of litigation and someone to blame?
It would be interesting to hear your views.
Keith King
A Starting with your last comment I would say sadly yes. We are living in a culture of blame and the garage owner and mechanics need to be protected from such incidents.
There are many reasons that garages will wish to supply the parts that are needed, and the first is that once the motor is stripped down, if it is then found that the parts supplied are incorrect or faulty, the garage then have a dead motor blocking the workshop whilst the correct parts are located. If this is due to the mechanic sourcing the parts incorrectly it will be absorbed and the client will not have to pay extra, but if this is due to incorrectly supplied client parts then would extra charges be due?
By accepting to undertake the job, the garage has assumed responsibility, which includes the acceptance of the reasonable quality of the supplied parts. In order to not be held responsible for any undesirable outcome, the garage would have to prove beyond doubt that the parts supplied, and not the work carried out in the repair, caused the failure. Clearly, this could be difficult, and is a position that many garage do not wish to place themselves in.
The garage will have a good line of communication with the parts supplier, and in the event of any faults occurring, will be able to cover the warranty knowing that this partnership will ensure a fair handling of the claim. There can often be a situation where the question would arise, did the faulty parts cause the problem, or was the problem caused by the fitting which caused the parts to become faulty. The legal implications of pursuing such a claim could be very costly, and if the parts were customer supplied the garage would not have the backing of its insurance policy, and so I can fully understand why a garage would not wish to fit customer supplied parts.
It is also the case that as soon as a garage agree to fit parts supplied by the customer, they are accepting the liability that is associated with the fitting, function, and warranty implications that come with that work. They are considered to be an ‘expert’ by the courts who rely on their professional status to reasonably judge that the part provided is fit for purpose. As a garage they have a duty of care to ensure a professional and safe job is completed.
It is also illegal for the garage to impose any conditions about the supplied parts manufacturer’s warranty, so cannot remove any responsibility from the work that has been provided, or impose restrictive conditions, such as ‘a no warranty clause’.
Although I have done this on limited situations in the past for very good and long-term customers, the position has changed over the years and the liability implications do now make this situation not viable for most businesses.
I would agree that the Green Stuff line of braking parts from EBC is high-quality, and I would expect any independent garage to deal with this company. I would therefore be concerned that the garage would not purchase the requested parts directly to enable the job to be done to your specifications. This would I expect be a satisfactory outcome, resolving the problem.
GENERAL
Oil dilution
Q I often read in CM and elsewhere that a failed regeneration of the DPF can lead to the engine oil level rising due to diesel entering the sump. I’m intrigued by that, and I would be delighted to understand how that can happen please.
Thank you very much. Great magazine.
Keith Gibson
A Oil dilution is something that can occur on several vehicles fitted with a diesel particulate filter. The reason for this is the method used to regenerate the DPF when required, the process of regeneration is getting the DPF up to a high enough temperature to allow the particles collected to burn off. The incinerated particles can then clear from the DPF preventing blockage.
The method of rising the temperature is to inject diesel into the DPF to promote the incineration, while some vehicles have a 5th injector directly into the exhaust. Many rely on a method of injecting the diesel fuel into the cylinder using the engine injectors. By injecting at the exhaust stroke, this fuel is then pushed out and into the DPF promoting the incineration which is also encouraged by the change in injection timing.
Whilst the process is efficient there can be a small amount of fuel that will travel down the bores and enter the sump. This is the oil dilution referred to, and in the case of a number of failed regeneration attempts, the build-up of diesel entering the sump, can be sufficient to raise the oil level and dilute the oil, to an extent that it should be replaced before the normal service interval.
This is one reason why a regular check of the engine oil is important
