Frustrated contract?

Grumpy_chap

saajan_12 said:

GDB2222 said:

TERMS AND CONDITIONS

(a) The Seller will endeavour to secure delivery of the goods by the estimated delivery date (if any) but does not guarantee the time of delivery and shall not be liable for any changes or claims of any kind in respect of delay in delivery. (Seller shall not be obliged to fulfil orders in the sequence in which they are placed.)

(b) If the Seller shall fail to deliver the goods within 21 days of the estimated date of delivery stated in this contract, the Purchaser may by notice in writing to the Seller require delivery of the goods within 7 days of receipt of such notice. If the goods shall not be delivered to the Purchaser within the said 7 days the contract may be cancelled.

1. If the contract is cancelled under clause 3, the deposit shall be returned to the Purchaser and the Seller shall be under no further liability.

2. 
   

This part of your terms seems to cover it, namely if they don't provide the vehicle then they must refund the deposit and have no further liability. Everything about the vechicle availability and incentives provide context but don't seem to actually affect the above. 

I think that is actually more complex than suggested.

The car has been ordered with an estimated delivery date (31st December?)
The dealer will try to supply the car by the estimated delivery date, but no repercussions if they are late.
If the delivery misses the estimated delivery date by 21 days (21st January?), then the customer may serve notice to delivery within 7 days (28th January?)
If the dealer fails to delivery the car within that 7 days, then the customer may cancel the contract.
Then the deposit is refunded and there is no further liability on the dealer.

Hardly seems a balanced set of terms.

Anyway, what seems to have happened here is the dealer has become unable to supply the car, or any car, with the level of discount agreed so gone straight to cancelling the order.

GDB2222

Of course, the dealer is perfectly able to provide the car exactly as specified and at the agreed price. Their issue is that they might make a loss if the dealer incentives are lower.  They say that they don’t yet know the incentive level for the next quarter, but they think it will be lower. 

Their contract purports to allow them to postpone delivery of the car indefinitely, until the buyer becomes so fed up that he cancels. But that could be tested in court. 

https://assets.publishing.service.gov.uk/media/5a807f4c40f0b62302693daf/Unfair_Terms_Explained.pdf

Grumpy_chap

GDB2222 said:

Their contract purports to allow them to postpone delivery of the car indefinitely, until the buyer becomes so fed up that he cancels. 

It does not seem right but I guess it all becomes academic now given:

GDB2222 said:

I am in the process of buying from a different dealer. Sadly, it's not the same colour, but it's cheaper. 

GDB2222

Well, I don’t think that going to court makes any sense unless it’s completely unavoidable. It’s costly, even if you win, and it’s stressful. 

I might make a complaint to the motor ombudsman as I think that the dealer has acted disgracefully. At the root of this is that I am not at all sure that the excuse they have given is true! 

pinkshoes

@GDB2222 I'm assuming that if you changed your mind then you wouldn't be getting your deposit back?

Contracts need to be fair, so it wouldn't be a fair contract if you weren't able to cancel but they can.

Have you asked to see the damage? If not, I think I'd request to see/view the damage and perhaps negotiate a further discount based on the amount of damage. 

From a cynical point of view, I am thinking the damage is non existent and they have actually had a better offer so are reneging on your contract using the excuse of damage. If it "cannot be sold" then this damage must be so severe that the car is a total write off e.g. it fell off the transporting lorry or a helicopter fell out the sky and landed on it so I'm sure they'll be able to supply a photo.

I'd also be pushing for another car at the same price and wouldn't let this go. But then I'm super stubborn.

Grumpy_chap

pinkshoes said:

I'd also be pushing for another car at the same price and wouldn't let this go. But then I'm super stubborn.

While I agree with your position from a Consumer Rights perspective, sometimes fighting the fight is just exhausting and little to gain in this case given the OP has stated:

GDB2222 said:

I am in the process of buying from a different dealer. Sadly, it's not the same colour, but it's cheaper. 

Let's hope the OP enjoys the new car from the different dealer and the extra saving makes up for the change of choice of colour.