Big issue with shop

[Josef161]

Hi sorry i posted that already in the 3rd gen ford sub forum but it is a huge issue that is why i want to ask for help here too.

Hi, i got a refurbished engine installed from a shop. The engine comes with 6 months warranty but 0 days labor warranty (the guy that refurbishes the engines partners with the shop but they are 2 different companies). So i got that engine and due to a mistake by the mechanic the head gasket went bad after 2 weeks (he didn't tighten a clamb on a coolant hose so i lost 1.5 gallons coolant). The engine never showed that it was overheating, i filled up the coolant reservoir and fixed the leak as soon as i saw it. So my question is if the shop is liable for that and has to fix it even if i have 0 days warranty? I took pictures of everything and have text messages that proof my story.
Oh also, since i have the new engine there is an oil leak between engine and transmission, so i guess they let a new guy do the job.

So what should i do? And is the shop liable?

For more technical details i posted it at the explorer forum Issues with repair shop

Thank you for your help?

 

[Josef161]

Here is the link to the original post (there are some pictures too) Issues with repair shop

Issues with repair shop

Hi, i got a refurbished engine in my 05 explorer that comes with 6 months warranty. The guy that refurbishes them doesn't R&R then but he works together with a shop. So i let his partner shop put in the engine. I picked the explorer up about 2 weeks ago. It looks like a newby/young mechanic put...

www.explorerforum.com

Hi, i got a refurbished engine in my 05 explorer that comes with 6 months warranty. The guy that refurbishes them doesn't R&R then but he works together with a shop. So i let his partner shop put in the engine. I picked the explorer up about 2 weeks ago. It looks like a newby/young mechanic put my engine in. I have a slow engine leak between engine and transmission now, that really annoyed me but i thought that i could live with it (even though it's really bad for the environment and i hate that). Then i saw that the coolant reservoir was low, i tired it of with 1 gallon distulled water. A couple of days later i saw coolant under my car and checked what's the reason. I saw that the mechanic didn't unlock the clamb that holds the house to the radiator (at the bottom where the coolant leaves the radiator), it was barely holding on.i tried to unlock it but without pliers it's impossible. I wasn't at home but very close to autozone so i went there and bought a set of clambs that you can tighten manually without tools. Fixed it. Now about 10 days later I've engine oil in my coolant. I called the guy that refurbished the engine (i thought he didn't replace the head gasket even though he said he did). So i talked to him and first he thought it was coming from the oil cooler but then he said that the engine meat have overheated and that the head gasket is toast now. He said his 6 months warranty doesn't cover overheating if i didn't replace all coolant parts. I said they are all good, no need to replace something that works. Now i think that the shop should be liable? The engine comes with 0 miles warranty for labor but i think that they should still be liable if they made a mistake and that caused the engine to seize? (Oh btw the temperature gauge never said the engine was overheating).
I live in florida if you need to know my state.
Please help me, what would you do if you were in me place?

 

[Mr. Alligator]

Obviously, you would not be satisfied with the limited remedies under the warranty. State laws might, or might not, give you additional protection. I would consult with a consumer law attorney in the State where the engine was purchased. Do this as soon as possible.

Good luck, and sorry about this situation.

 

[Mbrooks420]

Did you pay with a credit card?

 

[Josef161]

Did you pay with a credit card?

No, cash

 

[Mbrooks420]

That’s a tough position to be in. I think *technically* they might only be on the hook for parts.

It may come down to if Florida has implied warranties such as a “warranty of fitness” or a “warranty of mercantibility”. Sometimes you can’t shirk liabilities in that something has to be suitable for the purpose advertised, and suitable to be good enough to be sold.

Who actually sold you the engine? The installer? Do you have a paper copy of the warranty?

 

[Josef161]

I think it might be similar to cases where you go for a oil change and then they forget to fill up the oil. I'll call the shop tomorrow and if necessary a lawyer.

I read that florida has warranty of fitness and merchand for everything that has to do with houses but i dindt find anything about motor vehicles.

I think it shouldn't be "suitable" if it sets you up for an engine failure within 50 miles but i hope the lawyer can tell me more.

The engine is from a "private" guy but he makes big business... It was installed from a licensed company, yes i have some paperwork. That says "0 mile/0 day warranty" for labor but 6 months on the engine. Also it doesn't say that there is any limit in their liability (I've seen contracts where the liability is maximum the amount you have paid for the service).

 

[RangerX]

Please don’t double post. It’s confusing and it’s against forum rules.
I’m locking this thread, discussion can continue at the link posted above.