It has to be said that this week for me and my Mini has not been the best, I booked the car in for some work on Thursday had a sump guard fitted, engine mounts replaced and a competition engine steady and some Theta 2 up 2 down lamp brackets. I also had some 12x6 wheels to go on courtesy of midland wheels (I know I know you should of bought them from elsewhere I hear you cry but they were a 21st birthday present), anyway I received a phone call from the mini specialist I get to do all the work on my mini to state that surprise surprise the tyres wont fit onto the wheels, (I must admit knowing what I read on the forum I was kind of expecting that outcome!) one of the wheels was damaged trying to get the tyres on the alloys, I rang them to get told that I needed to use and i quote "a brand new tyre machine that has 3 arms that clamp the wheel down and run around the rim, and if i had of used this method of brand new machine I would of not had a problem", 3 of the main tyre fitting companies later (kwik fit, tyre spot and speedline tyres) the tyres would still not go onto the wheels. Therefore I have taken time off work on Tuesday to drive down to Coventry from Newcastle to get the issue sorted! I know many people have had bother getting money back however I have been offered a good discount for them to fit some new tyres which is not the outcome I want but if it comes to it to sort the problem out then so be it! However it does raise the question from me had i been on a motorway with their wheels on the car and i had a blow out and needed a new tyre and say the AA tow me to a garage to fix the matter and none of the main tyre fitting garages above could get a tyre onto the rim the term "not fit for purpose" soon springs to mind, I have read everything on the website T&C's etc and I am under the same impression as a family member that works in law for corporate business' midland wheels are leaving them selves massively open to liability such a problem arise, I have printed the sale of goods act from the internet and its has been annotated with issues that i wish to use hopefully resolving my case i,e.;
2C The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—
(a)which is specifically drawn to the buyer’s attention before the contract is made,I believe that because the wheels did not come with a notice stipulating that a certain type of machine should be used and that it does not mention on the site that a certain type of machine should be used before you click and commit to buy and I was only told over the phone after the problem had arised they are breaking this rule.
(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b)appearance and finish
©freedom from minor defects
(d)safety, and
(e)durabilityOn both of these grounds I believe that employees from the tyre fitting company's I tried to use can be classed as a reasonable persons, if they cannot get tyres onto wheels then as stipulated in 2B they are not goods of which are commonly supplied.
These are just a few points that have been highlighted that if my matter is not dealt with to a point where I feel happy I will use to argue my case.
To top that off I just went out for a drive in this beautiful weather and some plank floored it past me on a old country road showering my car in stones resulting in quite a considerable chuck and crack in my window. Brilliant!
I hope this post does not seem to come across as arrogant or as a rant I just thought it was worth outlining some of the laws of the sale of goods act regardless of T&C's that a website has!
Cheers
Craig
Edited by speedy19902006, 24 April 2011 - 01:42 PM.