failure to deliver new car - contract

Benny2020

You can't force someone to supply something that does not exist.

MacPingu1986

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?

OP - You need to read the rest of the contract to see if there's anything else which cuts across this or otherwise changes the position, but based on the extract above:

• If they fail to deliver on the delivery date you have the option of requesting the car within 7 days. 
• If they fail on that request you can terminate and you get your deposit back.
• If you don't make the delivery request notice, or choose not to terminate, the contract rumbles on until the car is eventually delivered.

+ what Hezlos said re compensation - damages for delays etc... are likely carved out already and also very likely the contract is clear the delivery data is estimated etc... 
Even if the contract was favourable to you on this point, you would need to evidence loss caused by the failure to deliver - if you already have an existing car to use that's going to be a tough barrier to clear.

What you should practically do is speak to the garage, check how long the delay will be, express disappointment but be nice, see what they say - they may throw some freebie your way, maybe not - but other than terminating if they delay gets too long that's all you can really do.