Right well a little update, not where I want but this isn't going to be easy. Had a good chat with 2 members off the forum, wont name names - but there both very well respected for there knowledge and both have been there and done it and still are. They both backed me up with the following -
-actuator can be adjusted to alter boost pressure
-I did it correctly by using a pump and visually watching the arm move and therefore open the wastegate
-If the actuator was adjusted to max and the spring bound/twisted/jammed it COULD stop the rod moving - but this is not the case as the actuator threads where never maxed out, and it was tested with the use of a pump and all moved. And I would of seen it overboosting like mad on my gauge, but this never happened.
-They also should of met my needs of 20psi by supplying a actuator capable of this
So it had been over a week since recieiving the last email, took it to a phone call yesterday. Bit of chat etc about the previous emails, I asked him to confirm his reason for it failing, he said because of simple wrong actuator adjustment and overspeed of turbo.
I explained to him all of the above - which he dismissed and said 'yes the actuator rod was opening - but because it had been adjusted on the threads, the rod wasn't opening fully so it oversped the turbo'
my reply to this was if it was opening it was opening and therefore dumping the boost pressure - as my gauge showed. He again didn't agree and said it would dump the boost but not as it should and it would overboost and I wouldn't see it on my boost gauge.
The total conversation went on for around 20mins, we both agree'd we where going round in circles and wernt getting anywhere. So we decided he was going to send turbo back.
I did abit of searching on trading standards and found a couple of things that relate -
When you buy goods from a trader or when goods are supplied as part of a service, you enter into a contract which is controlled by many laws including the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1982 (as amended). These laws give you certain (sometimes referred to as statutory) rights under this contract. Goods should be:
- of satisfactory quality - goods should be free from defects, fit for the purpose for which they were supplied (in this case 20psi unit), safe and durable (2500 miles is not durable for a turbo). Appearance and finish is also taken into account
- as described - goods should correspond with any description applied to them
- fit for any purpose that is made known to the seller - goods must be fit for their general purpose and any particular purpose that a consumer makes known to the trader at the time of purchase (of which I requested a 20psi unit). For example if you buy a sleeping bag it must work as a sleeping bag. If you make it clear before you buy that you need it for -40 degree conditions and the trader states it will be suitable then it should be suitable
You are legally entitled to a refund, replacement or repair if goods do not conform to the contract, in other words are not of satisfactory quality, fit for purpose or as described, but which remedy should you claim?