Rights - Buying Brand New vehicle. Help!!

Pennylane

I've just lost my whole detailed post!:eek:
Need help quickly please.
If I buy a new TV (for few hundred quid say) and it packs up I am entitled to new one. Right? We buy brand new van costing about £15,000 (Fiat from local main dealer) and it packs up after less than a year and I seem to get nowhere.:eek:

Please someone tell me where I go for help. Local Trading standards said it is a "business to business" query - as hubby is self-employed. That van is his office, workshop and transport and without it, he earns not a penny!

Fiat dealer say we have to get it there (and it is undriveable since this morning with smoke billowing out) We wanted to leave it there on Fri (25 miles away) and they had no van to lend us so said to carry on using it, although it already has 6 recalls on it - which believe it or not, we have never been informed of by anyone!

Can it be right that WE have to get an undriveable vehicle to THEM? How come we pay all these thousands of hard-earned cash because a reliable van is VITAL to us and every day its off the road, hubby is not earning! I have customers screaming down our phone because he cannot get to them now!:mad:

Please someone, tell me where to go - what to quote at them and what do we do while its off the road? Also it takes half a day to unload/transfer all the stock and where are we supposed to put all that?

Does the Sale of Goods Act not apply to vehciles? I don't get this at all!"!

pinkshoes

On a brand new vehicule, it usually comes with a certain guarentee for the engine (1 or 2 years), then a 2 or 3 year guarentee for the bodywork.

It should say in the logbook/details/blurb they gave you when you bought it.

You usually have to get the vehicule to them, but they should pay for all the repairs.

Just looked at their van web page and it says:
http://www.fiatprofessional.co.uk/cgi-bin/lcv.dll/LCV_UK/service/service.jsp?BV_SessionID=@@@@0578699364.1200329336@@@@&BV_EngineID=ccccadeddfmlgflcefecejgdfkhdfjl.0&categoryOID=-1073794632

All new Fiat vans come with this comprehensive warranty package, which consists of the following:

2-year Unlimited Mileage Manufacturer Warranty
Any repairs required as the result of faulty materials or manufacturer are carried out free of charge – either for parts or labour.

3rd Year Dealer Warranty *
This warranty covers most electrical and mechanical components in the third year, or up to 100,000 miles (or 60,000 miles for Combi & Panorama versions) from the date of first registration, whichever occurs first. The warranty is provided free of charge and is subject to conditions (full details are available from your Fiat dealer).

Andy_L

Looks like Fiat are prepared to replace/repair the van if you get it to them as per the sale of goods act. Do you have relay cover that can sort that?
Any compensation for losses you suffer while the van is of the road depends on the contract you had with Fiat.
As far as customers screaming, unloading & storing stock you have a business model which relies on 100% avaliability of one vehicle. Unfortunatly, with the benefit of (perfect) hindsight that was not a tennable model. You need to consider if the cost of hiring a van for however long it will take Fiat to sort out the van is worth the money you'd lose not working/loss of customer goodwill

Iamthesmartestmanalive

You have to be reasonable though

A Car isnt a TV, cars dont just pack in and become obsolete as a TV may a lot more easily

They arent going to go oh a 15k van has a fault, theres a new one, wereas for a TV they are far more likely too

Get the van to them and see what happens

As for the losses as a result, that is not really their fault, especially when you are the reason the repairs are being delayed

Get the van to them and either accept not working or hire one otherwise your making matters worse

MarkyMarkD

I don't understand why you don't have recovery cover from Fiat if the vehicle is under a year old.

Get the recovery operator to recover it to the Fiat garage.

Blacksheep1979

sale of goods act is totally different for business users I'm afraid.

Pennylane

Iamthesmartestmanalive wrote: »

You have to be reasonable though

A Car isnt a TV, cars dont just pack in and become obsolete as a TV may a lot more easily

They arent going to go oh a 15k van has a fault, theres a new one, wereas for a TV they are far more likely too

Get the van to them and see what happens

As for the losses as a result, that is not really their fault, especially when you are the reason the repairs are being delayed

Get the van to them and either accept not working or hire one otherwise your making matters worse

"Iamthesmarttestmanalive" .... What do you mean "you are the reason the repairs are being delayed"??? We've been waiting for a part for them to repair it since Novemember. WE wanted to take it there and leave it on Friday because it was not roadworthy, this was all arranged & then they said "don't bother bringing it in as we have nothing to lend you & the part is STILL not here". That's not our fault!!

If we sell someone a new washing machine and it doesn't work, we don't make them bring it back to us either!!!

Pennylane

Update - they have agreed to pay for van to be transported to their branch and lend us a van for 2 days. I'm not holding breath though because they should have been here late morning and have already rung & said "make that late afternoon because the van we were planning to lend you isn't back. The customer who has it is being awkward and will not return it."

Funny that!! I was just saying to hubby earlier "and what happens if after 2 days they haven't fixed our van?" :rotfl: :rotfl:

Pennylane

Blacksheep1979 wrote: »

sale of goods act is totally different for business users I'm afraid.

So I have discovered Blacksheep :eek: - could you point me in the right direction then? We are still consumers, so we must have rights too, but where do we find out because I am drawing a blank.

stugib

Pennylane wrote: »

So I have discovered Blacksheep :eek: - could you point me in the right direction then? We are still consumers, so we must have rights too, but where do we find out because I am drawing a blank.

I don't know for sure because I've only ever been in the position of a consumer, but I think B2B transactions are just covered by contract law, so your husband's business's rights are whatever he signed up to in the purchase contract, barring any unfair terms, I would imagine.

Presumably the van went on the books against his business expenses etc, so he can't have it both ways?

Pennylane

stugib wrote: »

I don't know for sure because I've only ever been in the position of a consumer, but I think B2B transactions are just covered by contract law, so your husband's business's rights are whatever he signed up to in the purchase contract, barring any unfair terms, I would imagine.

Presumably the van went on the books against his business expenses etc, so he can't have it both ways?

Can't have WHAT both way? Don't get what you mean.

He's bought and paid for something which is not useable .... simple as that. As for the B2B part of our problem - that's great then - we'll tell that to all the B & B owners, restaurants, cafes, pubs, shops etc who need his services!

There most be someone else self-employed on here who understands what I mean!