[Advise needed] Heated debates about return shipping cost with a Toyota dealership for a defective part received

[emilyinusa]

Hi, long story short, on last Saturday, I received a door mirror glass for my Toyota RV4 with two of the four clippers on the back of the mirror broken. The broken clippers are not in the shipping box, indicting the glass part was broken prior to shipping. Also, the glass has over ten fingerprints on it, indicting it is not brand new. On Sunday and Monday, I contacted the part manager of the dealership multiple times, and they agree to send me the new part and cover freight when sending the new part to me. However, they need me to send the defective part back to them and ask me to cover the shipping cost for sending the defective part back to them. I am so upset and need your help! Please help me address my three questions below. 

1. When receiving a defective OEM part from  a Toyota dealership through shipping, do customers typically need to pay the shipping cost for sending the defective part back?

2. On the dealership website, it stated the terms and condition for part sales below:

 Return Policy

We will accept authorized returns 15 calendar days after the date of the shipments delivery to the customer. Authorized returns must be in the complete and original packaging. If your shipment has arrived with a damaged or incorrect item, please repack items in its original shipping container contact us and we will arrange for its return. All authorized returns must be in their original condition include all components and cannot be disassembled, mounted or damaged due to incorrect installation. Returns of missing components will not be credited. We are not responsible for installation errors, nor will we cover any labor expenses, towing expenses, rental car expenses caused by the use of wrong or defective parts during installation. Electrical parts are not returnable if plugged in or unsealed for any reason. Freight charges are not reimbursable unless the return is a direct result of our error. (Source: https://parts.dickhannahtoyota.com/policy.aspx)

Based on the above term and condition, how can I prove that receiving the defective part is a direct result of the dealership's error and get my returning shipping cost covered by the dealership?  Do I just need to tell the part manager that it is not my fault for the part being defective, so it must be the dealership's error?

3. Is there any way to persuade the part manager that dealership does not need the broken part any more as the broken clippers on the back of the mirror are beyond repair, and you cannot use glue to fix the clippers temporarily as the broken clippers/pieces are not in the box. I have already sent the dealership's part manager photos of the broken glass part, but he still want the broken part back.

 I know shipping cost is not huge money, but for a single mom with two kids, every penny counts, especially I did nothing wrong for receiving the defective part.  

 I would appreciate your guys' help.

 

Emily Z. 

[Roy124]

Emily, I think much will depend on where you are and what your remedy is. 

3.  Send a photograph showing the detail as you described.  Photograph the fingerprints too as it showed someone may had tried to fit the mirror before. 

2.  Is contradictory.  It suggests they will arrange the return but then say charges not refundable. 

I take that to mean they WILL arrange for the return.  If they are going to refund your costs freight charges will be deducted if not their error. 

Therefore you should expect them to arrange the return. With the photographs they might not require the return. If they do arrange the return they should then send a new part free of charge. 

However this becomes a question of trust and your word against their's.

 

[Saxacat]

Taken from the Which website:

Distance Selling Regulations - Which?

Returning faulty goods
If you receive faulty goods under a contract entered into on or before 12 June 2014 and wish to return them, your Distance Selling Regulations returns rights are in addition to your other legal rights.

So, if your goods received under a contract entered into on or before 12 June 2014 are faulty and don’t do what they're supposed to, or don’t match the description given, you have the same consumer rights as you have when buying face to face.

Any terms and conditions that say you must cover the cost of returning an item wouldn’t apply where the goods being returned are faulty.

[ernieb]

As you are non UK the advice is difficult and will depend on your country of origin. USA?

[FROSTYBALLS]

Toyota Owners Club is UK based, and some of the advice already posted may not apply in terms of US legislation, etc. 

 

 

[flash22]

Well going off the op's username there in the USA 😉

sounds like someone has purchased the part and returned the old one, and it's not been checked - tbh you need to speak to the dealer

be aware this is a UK based forum and has no affiliation with Toyota

[Saxacat]

Ooops, never noticed it was a non-UK post 🙄