On Sat, 15 Sep 2007 21:58:54 GMT, "Jeff Strickland" <crwlr@[EMAIL PROTECTED]
>
wrote:
>I do not believe you have "damaged goods". I do not see that you have any
>actionable issues.
>
>I believe you have a vehicle that was built according to specs. The door
>went through a mfg. spec check, and it was found that a plate was needed
for
>whatever reason. They added said plate, presumably outside of the
automated
>mfg line, and after some period of time that modification failed. Now,
they
>have to repair it again.
>
>I agree with your position that for the money you paid for the car, you
>might expect First Quality goods. With Porsche printed on the hood and
trunk
>lid, I'd expect better quality as well, but it is just a car. Let them
fix
>the car, then decide if you want to keep it or sell it. If you sell it,
>resist the temptation to buy another.
>
>If Porsche can not or will not fix it, THEN you might have an actionable
>claim. But as long as they agree to put the warranty department to work,
>then your subsequent action will arise from those repairs or the lack of
>them.
>
>Your claim will be under what we call here in the States, the Lemon Law.
A
>lemon is a car that is plagued with manufacturing defects, but to make a
>claim under the lemon law, they have to attempt repair the SAME THING
three
>times. It they can't fix after three tries, then you can make a claim
under
>the lemon law, but the manufacturer is only required to buy the car back
for
>your purchase price plus any finance charges you might have made.
Depending
>on the good will they might want to express, they may elect to compensate
>for your troubles, but most buyers are happy to be clear of the piece of
>shit, and the related payments. I do not see your case as a Lemon Law
issue
>yet, you have not said that they have been given several chances to clear
>this up.
>
The US Lemon Law is a nice bit of legal stuff but here we have "the sale
of
goods act" which itself is slightly better protection that you have in the
US.
Generally it's "Caveat Emptor" in the US or Buyer Beware.
Over her the basic rule is that whatever is sold in the way of TRADE or
Retail
and not person to person or trader to trader must be what it is supposed
to be
and fit for the purpose it was intended to be used for.
An example would be as our friend said
"Mr Porsche dealer can I have a new Porsche straight from the production
line as
I want to drive it from London to Alicante in Spain"
No problem if the car has 38 miles on it when delivered to the customer
and
smalls of dead cow hide (leather) and goes like a Saturn 5 rocket.
However in our friend told the dealer he was a sheep farmer and wanted the
Porsche to replace his tractor and the dealer told him it would do
everything
his tractor would do then he can have his money back as it clearly won't.
That is a bit OTT. But whatever it is it must be of merchantable quality
without
any defects unless pointed out (sale goods - pre registered cars - demos
etc).
To my mind under UK law if and I reiterate IF this vehicle was delivered
to the
customer in a pre damaged - repaired condition then it clearly was NOT in
the
advertised and sold as condition as a NEW vehicle as it had been involved
in an
"accident" and repaired making it "TAINTED".
However, as before a court might consider that the guy has had use of it
without
this repair coming to light for however long but now this damage has come
to the
surface the resale value of the vehicle has been lowered and the court
could
order a sum to compensate the guy for this loss at today's prices. The
company
could buy back the car at current retail selling price on the SH market or
they
could give him his purchase price back + finance interest (unlikely).
As I said - sort out your BATNA and calmly negotiate but do not suggest
anything
except the opening gambit of "I WANT MY MONEY BACK + INTEREST" and settle
for a
perfect fix, loan car, monetary compensation for loss of value as a
damaged
vehicle and a signed declaration that it was damaged by a dealer, or
Porsche,
prior to delivery and has not been involved in a traffic incident.
Whatever you do instruct a solicitor NOW and lodge a claim before time
runs out.
Sir Hugh of Bognor
--
I used to be an Egotistical Meglomaniac - but now I'm just perfect!
Hugh Gundersen
hsg@[EMAIL PROTECTED]
Regis, W.Sussex, England, UK
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