dealer problem - cancelling order

granola · 22-11-2006, 08:21 PM

Hi all,

I ordered an XR5 bloody ages ago and it has passed the estimated delivery date on the contract. I can't afford to wait much longer, but it's looking like I'll still need to wait a few more months. So I called up the dealer and want to cancel my order and have a refund.

But the dealer said I cannot just get out of the contract.

What should I do ? The contract didn't state anything about conditions of cancelling a order or anything related to cancellation or delivery delays.

Thanks,
Granola

GT-E · 22-11-2006, 09:04 PM

I was told you can cancel 30 days from the promised delivery date.
Make them give you a loan car, I got a one for 6 weeks.

Tles · 22-11-2006, 09:12 PM

Quote:

Originally Posted by granola

I ordered an XR5 bloody ages ago and it has passed the estimated delivery date on the contract. I can't afford to wait much longer, but it's looking like I'll still need to wait a few more months. So I called up the dealer and want to cancel my order and have a refund.

Granola

There's a huge waiting list try to sell the XR5 or order, I reckon you'd still do OK. Otherwise wait, take it from me they are great vehicles.

MoreHPformyXR6 · 22-11-2006, 09:18 PM

Quote:

Originally Posted by granola

Hi all,

I ordered an XR5 bloody ages ago and it has passed the estimated delivery date on the contract. I can't afford to wait much longer, but it's looking like I'll still need to wait a few more months. So I called up the dealer and want to cancel my order and have a refund.

But the dealer said I cannot just get out of the contract.

What should I do ? The contract didn't state anything about conditions of cancelling a order or anything related to cancellation or delivery delays.

Thanks,
Granola

Speak to a lawyer specialising in Contract Law (Im with RAA & they offer one free consultation) which I used once b4 re car insurance & found very good.

needaXYGT · 22-11-2006, 10:41 PM

yeh id try and get a loan car from them and just wait.

granola · 22-11-2006, 10:45 PM

I tried to ask for a loan car, they refused.

brenx · 22-11-2006, 11:48 PM

PM Falcon coupe. He had a similar issue when he purchased/signed his life away on a Toyota 4WD I think it was. Short story is they were taking ages etc etc. Normal BS kept coming. Contract was cancelled and he took his money to Nissan for a 4WD.

RSgerry · 23-11-2006, 01:02 AM

check with a lawyer, but if the contract has a delivery date on it, then you can probably get out of it. reason is that it is possible that the delivery date is a material part of the contract, and by them missing that date, then they have breached the contract. you then have remedies available to you, the most likely being cancelling the contract and getting your deposit back. any half decent lawyer will make one phone call and the dealer will be so scared, they will do anything to avoid trouble.

SpoolMan · 23-11-2006, 02:53 AM

Problems start when the salesmen only put ASAP on the contract or non lock in date for delivery, then you sign it.
I had a 4 month wait for my BA XR8 Ute back in 2003, I told the dealer I was pulling the pin so they gave me a Focus to drive for 3 weeks because i sold my car.
When I ordered my F6 I made sure the sales person wrote in a set date, this way if the car isnt there on time I can go else where once the date goes past the set date.
Some dealers lie about the delivery dates just to get you to sign on.

MarkAW · 23-11-2006, 08:26 AM

In NSW
Under the standard new vehicle contract, (clause 2.3) used by all new car dealers:

"If the Dealer has not delivered the motor vehicle within thirty days (30) days of the estimated delivery date, the Customer may give notice in writing to the Dealer to rescind the Contract." This means you are fully entitled to a refund of your deposit.

This can be by-passed if you signed in the space below indicating that the vehicle is a "special" production unit.

or

By conivence if the dealer failed to include an estimated delivery date. A very common way out but any good solicitor should be able to prove that there was an intent to supply within a reasonable and that the dealer failed in this act. Note this might cost you more than the deposit if you aren't awarded costs.

These details have come directly from the contract I signed for my new XR6 which is waiting for me at PW at Liverpool as I type so I know its a current condition. The same clauses appeared on my partners contract for a new corolla a few weeks ago.

**Polyal** · 23-11-2006, 08:33 AM

Yeah surely there are laws/rules in place for this.

Name the dealer mate, sounds like they are being tossers about it. While there is not much they can do, its up to them to look after you, afterall your the one spending cash at their dealership.

LTDHO · 23-11-2006, 08:44 AM

I'm pretty sure the terms of the cotract are written on it.

Give it a read.

23-11-2006, 09:22 AM

On the back of every contract there are terms and conditions. There's a section on estimated arrival times, and the conditions relating to supply. If an ETA was set and then not met you do in theory have a way out.

What state are you in?

pecker73 · 23-11-2006, 09:29 AM

Granola.

Have a read of the attached document. Chapter 5 relates to your problem.

Its from the Victorian Consumer Credit Legal Service.

http://www.rtba.vic.gov.au/CA2569020...ontractcar.pdf

Smoke Pursuit · 23-11-2006, 10:44 AM

Yep, same bullshit different day.

I don't know why Ford even bothered with the XR5T, people are over it because you simply cannot buy one.

pauljh74 · 23-11-2006, 10:55 AM

If by law you can get out of it, use this to weasel that loan car out of them as the car is worth waiting a bit extra for and you have already waited some time already, and you'll have to start the wait again if you go elsewhere. Make them work a bit harder for your sale.

GXL078 · 23-11-2006, 04:49 PM

Quote:

Originally Posted by LSTerritoryGhia

Yep, same bullshit different day.

I don't know why Ford even bothered with the XR5T, people are over it because you simply cannot buy one.

Yeah, they had it on display at 2005 Motor Show. It's almost 2007 now. I have seen TWO on the road.

granola · 23-11-2006, 11:02 AM

Well I'm in VIC. And yes there's a estimated delivery date on the contract.

I'm going to have another word with them today and see.

pecker73, thanks for the link to the document, i think it's crystal clear they are late indeed very late:
"5.5 Delivery is delayed
The Act requires that the terms and conditions of an agreement should state that where delivery is delayed more than 14 days after the delivery date stated in the contract, the purchaser may terminate the contract by notifying the seller in writing."

Will keep you guys updated on this. Thanks all !

PDIDDY · 23-11-2006, 11:02 AM

Was your contract "subject" to anything? i.e: finance, salary sacrifice etc. The contract states in Qld, "that time is of the essence".
Every reasonable effort will be made on behalf of the dealer to deliver a customer's vehicle as soon as possible. After all, a salesperson wants to be paid as well.

The long and short of it, when you ordered it in the first place, you wanted it, and you knew there would be a waiting time. I'm sure that if you don't want it anymore, then the dealer will refund your deposit, and sell the car to someone else on their waiting list.

granola · 23-11-2006, 11:23 AM

The dealer refuse to cancel it now and refuse a refund. I need some help on this.

Smoke Pursuit · 23-11-2006, 11:50 AM

tell the dealer to get F*$#&$

If they have a estimated delivery date and its not delivered within 14 days after you can walk away.

Tell them ull be taking your issues to department of fair trade and the local motor traders association in vic.

Cant beleive the dealer wont just let you walk away, all the dealers up here are letting customers walk away as they know someone else will come take the car neways.

granola · 23-11-2006, 11:54 AM

Quote:

Originally Posted by LSTerritoryGhia

tell the dealer to get F*$#&$

If they have a estimated delivery date and its not delivered within 14 days after you can walk away.

Tell them ull be taking your issues to department of fair trade and the local motor traders association in vic.

Cant beleive the dealer wont just let you walk away, all the dealers up here are letting customers walk away as they know someone else will come take the car neways.

I know. Ford Customer Relations refuse to help, they said it's not a matter they can handle.

Auslandau · 23-11-2006, 11:58 AM

If Customer relations cant handle customer relations, what are they handling? Themselves?

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Smoke Pursuit · 23-11-2006, 12:25 PM

Quote:

Originally Posted by auslandau

If Customer relations cant handle customer relations, what are they handling? Themselves?

Its a contract between the dealer and buyer, got nothing to do with Ford motor company.

Auslandau · 23-11-2006, 12:37 PM

Quote:

Originally Posted by LSTerritoryGhia

Its a contract between the dealer and buyer, got nothing to do with Ford motor company.

So, as I said, what do they handle then? I understand dealers have responsiblity to their customer directly, but to have a 'customer' relations divisision, the only thing they can handles is the 'customer' who is buying thier product and help disputes between dealers authorised to sell their products. Not wipe there hands of it. Ford are falling so far beind in this area to the absloute detriment of the company and image. THeir attitude is 'life would be easy if it wasnt for customers", no wonder they are going broke!

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Smoke Pursuit · 23-11-2006, 01:21 PM

Quote:

Originally Posted by auslandau

So, as I said, what do they handle then? I understand dealers have responsiblity to their customer directly, but to have a 'customer' relations divisision, the only thing they can handles is the 'customer' who is buying thier product and help disputes between dealers authorised to sell their products. Not wipe there hands of it. Ford are falling so far beind in this area to the absloute detriment of the company and image. THeir attitude is 'life would be easy if it wasnt for customers", no wonder they are going broke!

Customer relations deals with after purchase issues mostly with the product, as in warranty concerns.

Very Rarely will Ford themselves get invovled in a new vehicle purchase issue, unless theres something wrong with the car and the customers picked up before signing.

robjh80 · 26-11-2006, 08:57 AM

Quote:

Originally Posted by LSTerritoryGhia

Customer relations deals with after purchase issues mostly with the product, as in warranty concerns.

Very Rarely will Ford themselves get invovled in a new vehicle purchase issue, unless theres something wrong with the car and the customers picked up before signing.

"Uh No".........they generally dont want to hear about those nasty "warranty" thingy's either in my experience.

DanielXR8 · 24-11-2006, 01:47 PM

Quote:

Originally Posted by auslandau

If Customer relations cant handle customer relations, what are they handling? Themselves?

The organised exit of Ford customers to other brands it seems. They are very good at it.

pb02 · 23-11-2006, 12:16 PM

Some details might help. What date did you order the car and what was the delivery date???

granola · 23-11-2006, 12:29 PM

i ordered it in april and it's stated delivery in october.