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NSW Car Dealer Can't Meet Delivery Date - Can I Cancel?

Discussion in 'Australian Consumer Law Forum' started by Rodney Thorpe, 8 August 2014.

  1. Rodney Thorpe

    Rodney Thorpe Member

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    I signed a contract for a new car on 29th June. The delivery date was EST 14th August. I received a call telling me the new delivery date was 10th September. I asked the dealer to cancel and that I was not prepared to wait 10 weeks. He demanded 10% of the sale price which is in the contract. I have paid $500 deposit. Where do I stand in the Australian Consumer Law, as they cannot meet the delivery date?
    Thank you.
     
  2. John R

    John R Well-Known Member

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    Hi Rodney,
    Can you please let me know what the contract states in relation to:
    1. cancellation/termination of contract; and
    2. the delivery date for the new car.
     
    DennisD likes this.
  3. DennisD

    DennisD Well-Known Member

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    Hi Rodney

    I second John R's queries as to the T&Cs. In this situation NSW Fair Trading (scroll down to 'Delays in delivery') recommends first reviewing the T&Cs to determine whether the vendor is in breach. Look especially at whether the delivery date is 'estimated delivery date' or 'fixed delivery date'
     
    John R likes this.
  4. Rodney Thorpe

    Rodney Thorpe Member

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    Delivery date is written as below
    Est Delivery Date 14/08/2014
    Default clause reads
    That is the full default clause.
    There is no other reference to delivery date in the terms and conditions.
    The dealer does not use the standard contract as set up by the Motor Traders Association and I think Fair Trading?
     
  5. DennisD

    DennisD Well-Known Member

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    The fact that the delivery date is an 'estimated delivery date' makes it more difficult to show that the delay amounts to a breach

    The default clause is not surprisingly drafted in favour of the vendor, and unfortunately is silent as to customer rights in case of vendor breaches. However, a customer in default can be on the hook for quite a bit, as a start consider paragraph (b) of the clause

    * sidenote: based on only a quick reading, the NSW Fair Trading "Car Buyers Guide" and the ACCC's "Motor vehicle sales and repairs: An industry guide to the Australian Consumer Law" do not seem to touch on delayed delivery as in your circumstances. In any event, as discussed above, the T&Cs are what matter
     
    John R likes this.

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