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DSL
Keeper of the wheelie bin
Member Since: 11 May 2006
Location: Off again! :-)
Posts: 72799
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If it was my car I'd just point blank refuse to take it, regardless of case law. Where do you draaw the line, couple of options missing, few standard bits left off, wrong colour, lower spec?
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 4th Sep 2012 2:06 pm |
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kp
Member Since: 27 May 2011
Location: Sticking the Ex back in the skanks bin
Posts: 2824
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Could it not be refused under the fact its not suitable for use as you'd clearly shown the use would need these options and if they are not there it wouldn't therefore be suitable.
Also its not the item you have paid for.
If they offered the money back then i'd still have argued a free service out of them as that money has likely gone in some salesmens pocket + another good chunk as they no doubt used a stocked vehicle which was discounted to get the customer into a car.. IE more money in their pocket..
Shocking behaviour and i think the dealership should be named and shamed TBH. FFRR Owner, very nearly became a D3 owner 
Test piloted a new D4 XS SDV6.. Gone and being forgotten i hope!!
D4 HSE 10MY
D4 XS 11MY
SSRR Destroyer *2
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| 4th Sep 2012 2:32 pm |
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B16 KJR
Member Since: 10 Jul 2006
Location: Rosyth, Fife
Posts: 3005
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Quote:The ruling accepts that because of the complexity of car manufacture and component supply, it is impossible for dealers to guarantee a precise specification.
Not sure if this applies to optional extras that have been paid for over and above the price of the car. The way I read this, is that if you order a car that lets say according to the specification list, comes with xeon lights, then Landrover change the spec of that car to come with halogen lights, then that ruling would apply. But if you pay for xeon lights over and above the base price of the car and it comes with halogen lights, then clearly that is not what you ordered. 
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| 4th Sep 2012 2:43 pm |
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psulli16
Member Since: 19 Jul 2012
Location: Coventry
Posts: 76
 
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It is more likely they have just sold on a stock car. These are bulk built vehicles which are in stock all the time and the dealers push these out. It is hard to believe the factory just forgot the options. The build cards are extremely specific and they only build what is ordered.
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| 4th Sep 2012 3:10 pm |
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countrywide
Member Since: 16 Sep 2007
Location: UK
Posts: 6019
 
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If the option is listed on the sales receipt, then surely change would be a variation and you wouldn't have to accept it. This is even easier if the option is still listed on the sales system.
The real truth is probably they didn't order it properly.
The variation they are talking about are minor changes due to component supply, improvements etc which shouldn't be major items.
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| 4th Sep 2012 4:08 pm |
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Gt.Mooglywoogly
Member Since: 11 Sep 2007
Location: Lt. Mooglywoogly
Posts: 147
 
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My wife got a bargain fully loaded a4tdi s-line due to the fact that the original owner had ordered bang &olufsen stereo. but Audi forgot to put it in the build, even though it was ordered. The original owner was allowed to drive the car untill the correct spec car arrived. It took two months.
The dealer told us that they had to replace the car exactly as ordered to avoid breaking the contact of sale.
I know that manufacturers can vary the build on standard models, but if options are not provided as ordered then the agreement to sell the goods as ordered by the customer has not been met.
Why did the purchaser accept the d4 without all the bits he/she had paid for?
I'm not sure that HJ has got this right this time
Neil
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| 4th Sep 2012 10:33 pm |
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DG
Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50944
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Quote:Johnson v HWM Ltd 17-3-1997 Kingston County Court
Allows an indefinite delivery date for a new car and also change of specification
of the car in between dealer order and manufacturer delivering the car to the dealer because both are out of control of the dealer. If a contract has been entered into between dealer and customer with a substantial deposit, then that contact remains binding and, unless specified in the original contract, an indefinite delivery date or change of specification are not breaches of contract.
Coincidently my son has been working with HWM over the last 6 months 8) 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
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| 4th Sep 2012 10:43 pm |
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Popelka
Member Since: 31 May 2008
Location: Praha (Prague)
Posts: 2430
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not sure who HVM are... 
however the order was with optional extras and not standard spec so if manufacturer change standard spec then maybe a discussion point but I see that if I paid for option and they are not there, then that would be breach of contract just a shame the garage is at the but end of manufacturer change on spec and messing up an order.
so the law is forcing customers to accept something less than they paid for how screwed up is that
(ps I have something you need and can not live without, Only 1GBP; delivery is another 999999GBP but I may change the spec, but you wont see the difference)  Experience is a difficult teacher, because she gives the test first and then the lesson afterwards!!!!
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| 6th Sep 2012 5:59 pm |
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DG
Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50944
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Popelka wrote:not sure who HVM are...
http://www.hwmastonmartin.co.uk/ 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
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| 6th Sep 2012 6:02 pm |
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caverD3
Member Since: 03 Jul 2006
Location: Oberon, NSW
Posts: 6922
 
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| More great Honest John advice? |
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Would you pay for options you didn't get? 
http://www.telegraph.co.uk/motoring/caradv...tions.html
This post has been edited by the site administration team
Merged “There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely gamesâ€
Ernest Hemmingway
D4 3.0 Active Diff, Adaptive Lights, High Beam Assist, Surround Cameras, Privacy Glass.
D3 2.7:Adaptive Headlights,Electronic Rear Diff,ARB Bar,Blaupunkt Speakers,JVC Powered Subwoofer,Removable Snorkel,Mitch Hitch,Pioneer After Market Head Unit,Steering Wheel Control Adaptor,Remote Adjustable Supension Rod System, Taxside Dual Battery System.
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| 12th Sep 2012 12:19 am |
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Andrew Hebron
Member Since: 16 Jan 2009
Location: Teddington
Posts: 501
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Think he got some staffer to answer that one. Load of b_____ks. Mind you, serves JM right for having to ask anyway. Andrew
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| 12th Sep 2012 1:37 am |
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DG
Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50944
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Its true actually
http://www.disco3.co.uk/forum/topic83145.html 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
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| 12th Sep 2012 3:59 am |
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caverD3
Member Since: 03 Jul 2006
Location: Oberon, NSW
Posts: 6922
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Not correct advice.
JM asked: "Should I refuse to pay for the options and/or insist upon free servicing or some other form of compensation?"
He has been charged for something he didn't get.
In the cse quoted as I understand it the dealer was not able to supply the car as ordered.
Each case is different and I would say if the dealer failed to put in his order correctly to LR the dealer is at fault and he could refuse the vehicle. This is different from the dealer being unable to supply what the customer ordered.
In anycase he should not have to pay for the options he was not supplied.
Basic examination mistake by HJ: Did not read the question!  “There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely gamesâ€
Ernest Hemmingway
D4 3.0 Active Diff, Adaptive Lights, High Beam Assist, Surround Cameras, Privacy Glass.
D3 2.7:Adaptive Headlights,Electronic Rear Diff,ARB Bar,Blaupunkt Speakers,JVC Powered Subwoofer,Removable Snorkel,Mitch Hitch,Pioneer After Market Head Unit,Steering Wheel Control Adaptor,Remote Adjustable Supension Rod System, Taxside Dual Battery System.
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| 12th Sep 2012 4:27 am |
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DG
Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50944
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Well we don't actually know where the fault lies ....the case law revolves around the contract still being valid. It doesn't imply that the individual has been charged for it in fact the only money that has exchanged hands is a deposit and the suggestion Imo is that yes you won't have to pay for the options you don't have but you will have to accept the car under contract and not be entitled to any compensation. 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
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| 12th Sep 2012 8:42 am |
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