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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience:  Over 5 years in practice
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My BMW was serviced by a BMW dealer. The service involved various

Customer Question

My BMW was serviced by a BMW dealer. The service involved various filter replacements and an oil service. ten days later a diesel fuel leakage occured on my drive causing severe damage to the tarmac. The service department rectified the problem by replacing a faulty fuel filter and said there would be no charge as the component was under warranty. I have made a claim for restoration to my drive, which is just three years old. Experts have said the whole drive needs to be replaced at a substantial cost but the dealer has so far refused to meet the cost quoting the following terms and conditions of business.
"Except where you are acting as a consumer and except for fraud or for death or personal injury resulting from our own negligence, we limit our liability for any breach of this agreement to the amount you have paid for the work and /or goods and expressly exclude all liability for loss of profit, goodwill or contracts and for any indirect consequential or economic loss"
I would like to know how I stand regarding this claim
Regards
Mike Nuttall
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking whether you would win in court?
Customer: replied 1 year ago.

Yes

Expert:  Jo C. replied 1 year ago.
What is the cost of the remedial work roughly?
Customer: replied 1 year ago.

£4000 + VAT

Expert:  Jo C. replied 1 year ago.
Ok.
Whatever is in the terms and conditions matters not really. The terms and conditions may be considered if they come from a document that you had seen and signed. Even then they would be subject to a reasonableness test. If they are just general mission statements of the company they will be completely disregarded.
This whole issue comes down to what is proper consequential loss. Clearly the contract wasn't performed properly and that is why they repaired the vehicle. The drive is an issue of losses consequential upon the breach.
The doctrine of indirect loss comes from a case called Hadley v Baxendale and it essentially demands that the loss be something that within the contemplation of the parties at the time of contracting. They could argue that they didn't know that there were special circumstances in this case. I think overall that a court would probably say that given there was a leak it isn't all that unreasonable that you would contemplate that something would be damaged. Whether it would be accepted that it is a brand new drive is another matter.
If it is going to cost £4k then they would certainly contest this although the advantage is that it would be cheap and quick to issue at the small claims court.
I think overall that it would probably be worth suing. There is an arguable case so you are not at risk of costs. It could go either way in court but if you are prepared to risk costs it might pay off.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

No more required. I have sufficient information to proceed Thank you

Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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