failure to deliver new car - contract

canaldumidi

New car ordered and deposit paid, for July delivery. Dealership now saying not available. The contract says

"If we fail to deliver the goods within 28 days of the estimated date of delivery stated in this contract you may, by notice in writing to us, require delivery of the goods within 7 days of receipt of such notice. If the goods are not delivered to you within 7 days the contract shall be cancelled and any deposit paid by you shall be returned to you and we shall be under no further liability."

Can they just cancel the contract?

Benny2020

They are saying YOU can give notice to start the canceling process.

Thrugelmir

Many delivery schedules have been kcked into the long grass. Is your vehicle coming from Europe by any chance? 

canaldumidi

Benny2020 said:

They are saying YOU can give notice to start the canceling process.

OK but what I (well,my nephew) wants is to enforce the contract, or failing that to obtain some decent restitution/compensation.

Since serving the 7 day notice achieves nothing other than the return of the deposit paid, what is the alternative?

Thrugelmir

canaldumidi said:

Benny2020 said:

They are saying YOU can give notice to start the canceling process.

OK but what I (well,my nephew) wants is to enforce the contract, or failing that to obtain some decent restitution/compensation.

There's no cars available, enforcing isn't viable as an option. 

Of course. What else would be on the agenda. Compensation for no loss. 

daveyjp

canaldumidi said:

Benny2020 said:

They are saying YOU can give notice to start the canceling process.

OK but what I (well,my nephew) wants is to enforce the contract, or failing that to obtain some decent restitution/compensation.

Since serving the 7 day notice achieves nothing other than the return of the deposit paid, what is the alternative?

Without an agreed 'time is of the essence' clause what he wants isn't happening.

Herzlos

canaldumidi said:

OK but what I (well,my nephew) wants is to enforce the contract, or failing that to obtain some decent restitution/compensation.

What restitution/compensation are you looking for? The contract almost certainly has something in there about them not being liable for any expenses related to delays, and there are no cars in the system to provide.

You might be out of pocket if you've got to hand another car back and don't get a replacement, but you also won't have started paying for the new car until it arrives, so I genuinely don't think you'd be entitled to anything other than the deposit back.

Jenni_D

What car is it? Is it a Volvo? (I've heard that Volvo have cancelled lots of orders for model year 22 [MY22] vehicles).

Fortunately (hopefully) mine isn't one of them as I've heard nothing of that basis from the dealer - in fact mine should arrive at the dealer between 20-May and 03-Jun.

henry24

When did you order it and what make is it 

born_again

canaldumidi said:

New car ordered and deposit paid, for July delivery. Dealership now saying not available. The contract says

"If we fail to deliver the goods within 28 days of the estimated date of delivery stated in this contract you may, by notice in writing to us, require delivery of the goods within 7 days of receipt of such notice. If the goods are not delivered to you within 7 days the contract shall be cancelled and any deposit paid by you shall be returned to you and we shall be under no further liability."

Can they just cancel the contract?

Yes.

If you want a car. Talk to the garage. They can sort the problem. Just might not get the car you want. Given the current new car shortage. 

Which given China's action on covid at the moment. Which is causing many manufactures to shut plants as too few staff & no parts.
https://news.sky.com/story/covid-19-china-lockdowns-drive-hit-to-tesla-and-toyota-car-production-12609929

War in Ukraine causing plants in the EU supply problems & the ongoing chip saga.

sheramber

https://www.autoexpress.co.uk/features/357439/new-car-delivery-times-2022-how-long-will-you-have-wait