Author: Dennis Chapman
Published: October 1, 2012
Reading time: 1 minute
This article is 12 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
It’s a fact of life that some cases can’t be defended or perhaps it’s just simply not worth going on with the agreement.
Very often we end up trying to get to a solution that the motor dealer and customer can agree on. All components on a vehicle will have a finite life time. Some, like the engine block and bodywork as examples should has a very long life. Others, like brake pads, clutch, exhaust etc, will require replacement more often.
If you can come to an agreement that a component has been replaced for new at, say, 50% of its life then the customer should contribute 50% of the cost of replacement since they are getting ‘betterment’ ie an improvement in the value of the vehicle. If the component is replaced by a reconditioned unit then likewise, since reconditioned units are meant to be ‘as good as new’.
If, however, it is replaced by a second hand unit then there may be no allowance for betterment, as it is a ‘like for like’ replacement.
