TWO threaded bolts!?
Yeah get it done now, by someone a little more competent.
Also, while it sucks, he is not liable and will have made you sign something saying that all damage blah blah blah is not our problem.
In sum that limits full liability in case of death or some great malfunction. All motor vehicle repairers in Australia have a responsibility, as with any other trade to ensure that the work carried out is done in a ‘workmanship like manner’. This is a responsibility brought under the Fair Trading legislation, other similar legislation, and common law.
As you would expect, if a part fitted by a workshop is defective, substandard or unfit for its intended purpose, and if it is the ‘cause’ of an accident, a customer (but not another person such as a passenger, pedestrian or subsequent owner of a vehicle) can bring a contractual claim against the workshop under section 74 of the Trade Practices Act 1974.
However a claim could also be brought under section 74 if the workshop did not exercise due care and skill in carrying out repairs or testing.
Section 74 implies a non-excludable warranty into contracts for the supply of services by workshops to customers:
that services will be carried out with due care and skill and
that any components supplied in connection with those services will be reasonably fit for the purpose for which they are supplied.
In NSW this case (less than $80,000) can be brought through the CTTT for $138 and basically have enforceable orders made within the week.
Similar warranties are implied by common law into contracts for the supply of services by workshops.
For example, if a customer could establish that a workshop did not exercise due care and skill in fitting a disc brake calliper, or if the customer could establish that a disc brake rotor fitted by the workshop was below recommended minimum operating thickness, the workshop could be held liable to the customer under section 74 or under common law.
If it were me I'd talk to him about his options and unless he agrees to full repair at no charge then get it done elsewhere and send him bill to pay within 7 days. After 21 days take it through your State equivalent of CTTT.
