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m33ufo



Member Since: 19 Jan 2008
Location: Cardiff
Posts: 1150
Wales 
T&C's - just for info. As I say, not interested in taking a legal route.

https://www.defender2.net/gallery/albums/u...6C_s~0.pdf
Post #449593 27th Aug 2015 7:20am
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Venomator



Member Since: 25 Aug 2014
Location: Peterborough
Posts: 2087
United Kingdom 
^ ^ ^
As with most, if not all, others of this ilk, totally unfair and one sided and, given any contract in the eyes of the law must be fair and reasonable (to both parties equally), these would be simply chucked out at the commencement of any legal proceedings on that basis... Rolling with laughter

The only reason they get away with it is a: because nobody ever bothers to challenge them and b: they have, in all probability, never been challenged through the legal system... Mr. Green

The reality is, before signing any such purportedly legal, and in this case seemingly totally worthless, document, we should all take legal advice, but I guarantee nobody ever does... Rolling Eyes  Rog... Mr. Green
The GREEN One...

MY2016 Urban Truck Build Thread - http://www.defender2.net/forum/topic40548....al[/color]
Post #449612 27th Aug 2015 8:18am
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m33ufo



Member Since: 19 Jan 2008
Location: Cardiff
Posts: 1150
Wales 
m33ufo wrote:
Might give these guys a ring tomorrow...

http://www.pistonheads.com/classifieds/use...16/1936149



No availability.
Post #449620 27th Aug 2015 8:38am
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Supacat



Member Since: 16 Oct 2012
Location: West Yorkshire
Posts: 11018
United Kingdom 2013 Defender 110 Puma 2.2 XS DCPU Keswick Green
Venomator wrote:
Supacat wrote:
If only the contract was with JLR - it is not.

and your response to this fact is?

This is yet another irrelevance, as I pointed out in my last... Whistle

In any event, one can readily exchange JLR with Mr Dealer, or anyone else, the same principles will apply, simples... Thumbs Up


That's actually very wrong - JLR & the dealer are completely different entities and cannot be deemed as interchangable - it's hardly irrelevant to quote the wrong party as being the seller when banging on about contract law.

Also any generic googling of the definition of FM ignores the fact that "Headings are for convenience only".

The extract I quoted from my contract is the specific situation the OP finds himself in (according to the dealer). The OP appears to have the same clause in his contract; and it's a perfectly fair term. The dealer cannot sell a a particular vehicle if JLR don't give them it first. Whether you class this as FM or not is not pertinent.
Post #449651 27th Aug 2015 10:10am
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m33ufo



Member Since: 19 Jan 2008
Location: Cardiff
Posts: 1150
Wales 
Hot off the press...

Cardiff are now admitting to an admin error!
Post #449701 27th Aug 2015 2:11pm
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Vintagepaul



Member Since: 20 Jan 2015
Location: Rye, East Sussex
Posts: 482
2015 Defender 90 Puma 2.2 HT Santorini Black
So it was the dealer at fault then.....

I hope they manage to get your order re-instated as it seems particularly unfair if you have to suffer due to their cock up. Thumbs Up
Post #449703 27th Aug 2015 2:14pm
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steve E



Member Since: 06 Mar 2011
Location: Tenby
Posts: 2073
Wales 
Thats not good at all.

I'll be receiving the same phone call probably Confused


well I hope they get you something with a huge discount then.
Post #449704 27th Aug 2015 2:17pm
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m33ufo



Member Since: 19 Jan 2008
Location: Cardiff
Posts: 1150
Wales 
Vintagepaul wrote:
So it was the dealer at fault then.....

I hope they manage to get your order re-instated as it seems particularly unfair if you have to suffer due to their cock up. Thumbs Up




Will wait and see. I doubt it's that simple.
Post #449706 27th Aug 2015 2:18pm
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m33ufo



Member Since: 19 Jan 2008
Location: Cardiff
Posts: 1150
Wales 
steve E wrote:
Thats not good at all.

I'll be receiving the same phone call probably Confused


well I hope they get you something with a huge discount then.



I'd hope you'd have been advised already if yours was in jeopardy?
Post #449709 27th Aug 2015 2:34pm
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steve E



Member Since: 06 Mar 2011
Location: Tenby
Posts: 2073
Wales 
I really do hope they come back to you with your Heritage HT or a proper deal on an alternative Defender Thumbs Up
Post #449712 27th Aug 2015 2:41pm
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Supacat



Member Since: 16 Oct 2012
Location: West Yorkshire
Posts: 11018
United Kingdom 2013 Defender 110 Puma 2.2 XS DCPU Keswick Green
Well that had to be the favourite explanation from the get go. Easy to blame JLR and hope it stopped there. Hope the person who thought it was OK to lie to you is being hauled over the coals for it.

Keep the pr guy involved to get the best possible options / offers placed on the table.

Good luck.
Post #449714 27th Aug 2015 2:48pm
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m33ufo



Member Since: 19 Jan 2008
Location: Cardiff
Posts: 1150
Wales 
Thanks guys.
Post #449760 27th Aug 2015 4:54pm
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Venomator



Member Since: 25 Aug 2014
Location: Peterborough
Posts: 2087
United Kingdom 
m33ufo wrote:
Hot off the press...

Cardiff are now admitting to an admin error!
Not entirely sure what this means, but I sincerely hope they can address it in the only decent way for you and ensure your order is fully complied with... Thumbs Up

Good luck with the 'negotiations' and I'm sure you will keep us posted... Mr. Green  Rog... Mr. Green
The GREEN One...

MY2016 Urban Truck Build Thread - http://www.defender2.net/forum/topic40548....al[/color]
Post #449798 27th Aug 2015 6:19pm
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m33ufo



Member Since: 19 Jan 2008
Location: Cardiff
Posts: 1150
Wales 
Venomator wrote:
m33ufo wrote:
Hot off the press...

Cardiff are now admitting to an admin error!
Not entirely sure what this means, but I sincerely hope they can address it in the only decent way for you and ensure your order is fully complied with... Thumbs Up

Good luck with the 'negotiations' and I'm sure you will keep us posted... Mr. Green



You're right, it wasn't very clear. It appears that the reason Stratstone aren't getting me a car is because there was an admin error with the order (reading between the lines). Not JLR's fault at all.

Still waiting to hear of my options from the dealer.
Post #449810 27th Aug 2015 7:06pm
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Venomator



Member Since: 25 Aug 2014
Location: Peterborough
Posts: 2087
United Kingdom 
Supacat wrote:
That's actually very wrong - JLR & the dealer are completely different entities and cannot be deemed as interchangable - it's hardly irrelevant to quote the wrong party as being the seller when banging on about contract law.

Not so, what is actually very wrong is, again, taking extracts from statements out of context and making a meal of them to suit! My reference to interchangeability of names was not suggesting one swap the names of participants in any particular contract, it was in reference to my own use of JLR, instead of Squealer, which you had queried and perhaps I had failed to elucidate well enough... Rolling Eyes

Even I am not stupid enough to think one can change the names of parties to a contract for heaven's sake and to suggest so is utterly ridiculous... Exclamation

Supacat wrote:
Also any generic googling of the definition of FM ignores the fact that "Headings are for convenience only".

Headings may well be for convenience, but the clause in question is clearly intended to be FM based. I would be surprised if the entire clause would not, therefore, qualify as being FM, and yet there is no clear definition for this eventuality.

Supacat wrote:
The extract I quoted from my contract is the specific situation the OP finds himself in (according to the dealer). The OP appears to have the same clause in his contract; and it's a perfectly fair term. The dealer cannot sell a a particular vehicle if JLR don't give them it first. Whether you class this as FM or not is not pertinent.

Each of us is perfectly entitled to interpret such things as we see fit, or may be comfortable with! But any such document, or term within it, is only fair if the courts have ruled it as so.

Of course, if this particular clause, or even the conveniently extracted statement from it, has been tested through our illustrious legal system and held to be fair then it must be so! However, just because someone suggests it is a fair term, certainly does not make it so, and many have made that mistake.

If the term were to be totally unconnected to any FM reference, with some less dubious wording, it may well be held to be fair, if it were ever challenged. My comments related to including any such get out clause within, or associated with an FM umbrella, as FM is, or should be, a clearly defined term, as recognised in law.

@m33ufo - Apologies for taking this discussion, somewhat unnecessarily, so far off topic! Please feel to request Martin to remove this and any related stuff if it offends you... Mr. Green  Rog... Mr. Green
The GREEN One...

MY2016 Urban Truck Build Thread - http://www.defender2.net/forum/topic40548....al[/color]
Post #450842 31st Aug 2015 2:31pm
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