Automotive/Bike
Q: I am in the process of placing a special order for tires and the supplier asked for full payment in advance. Can a business do this and how am I protected if something goes wrong?
A: There is no law prohibiting the supplier from requesting full payment in advance. However, the smart thing to do is offer to pay half in advance and the other half upon delivery.
Before placing the order, get an agreement in writing that clearly stipulates the terms and conditions of this purchase, with a detailed description of the items you are ordering and the delivery date.
In the event that the supplier does not deliver in a timely manner and/or according to the agreement, you are entitled to a full refund and the Consumer Protection Act 1999 stipulates that the vendor must refund the money within 30 days after it has been formally requested by the consumer.
Q: Months ago I ordered and paid for a part for my bike. On the invoice it clearly stated that this order would take no more than six weeks. However, the part is not here. Can I get my money back?
A: Yes. This business has not provided the product in a timely manner or in accordance with the delivery date as per the Agreement and a breach has occurred. Failure to refund your money is a breach of the Consumer Protection Act 1999.
Simply write to the business requesting a full refund and, according to the Act, that business has up to 30 days to refund the consumer in full (click here for a sample letter).
Q: What is the difference between an estimate and a quote?
A: “Estimate” means a representation, whether written or oral, indicating the likely price that will be charged in respect of consumer goods or services.
“Quote” means a written and signed representation setting out the actual price that will be charged in respect of consumer goods or services.
Q: What would be considered aggressive and abusive business practices?
A: Aggressive practices by providers of goods or services intimidate or financially exploit consumers by restricting their ability to make a free or informed alternative decision.
There are many forms of aggressive practices prevalent in the purchase of goods and services in Bermuda, such as exerting undue influence, harassment or coercion, threatening behaviour and verbal abuse. It’s particularly disturbing when the victims are physically or mentally challenged or when they are seniors.
Q: Is it always necessary to have a mechanic inspect a second hand car before I buy it?
A: Definitely! Don't buy a second hand vehicle without getting a qualified mechanic to inspect it before you buy it and ask for a complete record of its service history.
Q: Should I sign off on an insurance claim on my car before I take possession of my car?
A: No! Before you take possession of the vehicle, ask the insurance claims engineer to inspect the repairs to ensure they have been done correctly.
Q: Do I need to check with my car dealership before I customize my car?
A: Absolutely yes! Customizing/detailing your car may negate the warranty agreement and can jeopardize the safety features of your vehicle.
Q: I took my car in for repairs. While it was at the garage, the car was broken into and my stereo was stolen. Is the garage responsible for replacing my stereo?
A: When you take your car to a garage for repairs, the garage must take reasonable care of it. This is known as the law of bailment. When goods are lost or damaged, the law assumes that the bailee (the garage) has not taken care of them. In this case the garage is responsible unless it can prove that the damage or theft was caused through no fault on its part.
The garage may attempt to restrict your legal rights by referring to a sign excluding loss or damage to cars in its possession. They cannot deny liability unless it is proven that they did not exercise any less reasonable care than the bailor (owner of the car) would have if the car had been in his possession.
Q: Can an automotive repair service keep my vehicle if I dispute my bill?
A: Yes, they can. It is called putting a lien on your vehicle. It is the right to hold another person's property until a debt is paid. To avoid this happening again, establish from the beginning exactly what you are contracting a service provider to do. Be specific in your request and inquire as to the cost of the service. Make sure you ask that they call you in case extra parts or additional service is required.
Q: I am having a problem with my car. I keep taking it in, but they either do not have the parts in stock or they have not fixed my car properly. The mechanic and service manager have not been very helpful. What can I do?
A: If you have not received satisfaction from the frontline people, then lodge a complaint with the customer service representative and/or the general manager. Follow the steps outlined in the section: “How do I file a complaint against a business or contractor”.