...Now here’s the conundrum , best answered by the Prof. My daughter in laws parents had this very problem with their new Challenger three months ago. Swift charged them £26 for the unit but paid the dealer to fit it.
This seems very wrong to me. Surely the module should be part of the oem and not an on cost to the New owner??
Morally I'd agree that swift should supply a caravan that will work with all tow vehicles, but in fairness, Swift do not know what car with its individual quirks will be used to tow the caravan, so you could put the boot on the other foot and say the car manufacturer should supply the correct signals to run the trailers road lights, So who do you blame?
If you look at construction and use regulations, as with so many bits of legislation all it tells you is the required end result, not necessarily how to achieve it. In this case the road lights must illuminate when required with the correct colour, intensity, and position on the vehicle, It does not say the power has to be a constant 12Vdc. This lattitude opens up several alternative strategies for car makers with regards how the cars lights are controlled.
So I suspect that legally both the car and caravan manufacturer have met their respective standards, so neither is legally obliged to remedy your situation, as they have no contract with you.
But because of the way retail law applies in the UK, the car or caravan seller may be obligated. It strictly depends on what the contract wording includes as the customers specification.
In Dustys case, if the customer makes it clear to seller that they want to tow the new caravan with a specific car, and the caravan seller does not check or add a caveat to the contract about subject to comparability, if the caravan is not compatible, then the seller is in breach contract, especially when they were aware of the tow vehicle to be used. The seller is liable for the cost of purchase and fitting of any parts to remedy the situation as they have supplied goods that are not fit for purpose.
The same principle would apply for a customer who has a caravan and is changing their car.
If the contact is non specific about towing compatability then the problem falls outside of the contract and is up to the customer to sort and pay for.
Swift's offer to supply the necessary part at cost, and with free fitting is more than they are obliged to do. It is not an admission of fault or liability.
horeher, it's an acknowledgement of an incomparability that affects some outfits and a