I bought a Jaguar X-type through the internet from an agent. Three months and
3000miles later, I have realised that the car is not as per spec. The agent is saying that he is not responsible. What is my comeback against anybody?
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1) not as per which spec ?
2) in what way it is deficient ?
It would need to be not as per the specification that the seller offered. Documentary, or at least reasonable, evidence will be required.
It would need to be materially different,. which after 3 months/3000 miles is going to be more difficult to justify.
The Sale of Goods act applies to all transactions within the UK, irrespective of channel or medium. The difference is ease of proof.
Unless you bought it from a non-UK agent in a non-UK transaction. In which case, I hope the differences in spec aren't too much to live with.
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I think that Sale of Goods act does not always apply. With all-Inclusive agents such as Oneswoop, Virgin, JamJar etc. you deal only with the agent and all money is paid to them. So, the contract is with them and SOG act applies. However, the contract is often with the foreign dealer to whom you pay all money directly, except the agent's fee, road tax etc. Whether SOG act applies in this case is doubtful.
In my case, the UK agent's T & C stated that my contract was with the Dutch dealer AND that the onus was on me for ensuring that the spec as set out in the contract was correct. I was happy with this, especially as it turned out that I organised everything directly with the Dutch dealer. In future, I would go direct to a foreign dealer and save the agent's fee.
The crucial point is whether Guy's car differs to the spec set out in the contract. Further, terms such as 'UK Spec' are meaningless as this could mean just RHD, UK lights etc. and 'capable of UK registration'.
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Gents thanks for your valued input (and in one case all the way from Brazil) - The plot thickens - basically the spec not supplied was the tv module (yes I know serves the rich pig right)! It was represented on the priced sheet from the agent (the price I subsequently paid) AND on the confirmation of order pack that I signed and returned to them. However all the details from the dealer dont seem to differentiate with the tv module being part of the sat nav package.
The agent has gone very quiet and I am guessing he forgot to put the module on the order to the dealer and the dealer has fulfilled the spec (albeit the wrong one) - hence an alarm bell opportunity (ie a strange refund in the order price at agreement stage) didnt arise.
Therefore as the agent was ordering the vehicle on my behalf is he liable for the shortfall (under the SOG act or other?) and if so what could I reasonably expect as compensation (over and above a straight refund for the kit not supplied)?
There is no doubt that the value of the car is less without the module and that, given two cars being on sale at the same time, that mine would have sold easier with it. There is also the matter that I ordered it because I wanted to use the faciltiy - I travel a lot of miles at unsociabe hours and it would have been nice to watch some tv in the service station or car park to break the monotony of journey.
Any feedback would be gratefully received.
I have issued the agent a 7 day notice for a formal response to what he intend to do (strangely he wont return my calls)
If he has done the job well compensation from the dealer will be another matter
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Sorry about your disappointment. You mention 'details from the dealer'. I assume this is the foreign dealer so do you know who your contract is with ? i.e. did the agent state that the contract was with the dealer ? The answer to this determines whether you pursue the dealer or the agent. Either way, you're entitled to a refund for the missing TV if you've paid for it.
I suggest you contact the dealer so you can check the order ? Unlikely, but it could be a manufacturer's error. Jaguar may be able to give you a copy of the order if you quote the VIN. Is the agent one of the large outfits or a man working from his bedroom ? He has a moral, even if not a legal duty to deal with the error.
Is it possible to retro-fit the TV ? If so, I would press for the cost of this, rather than a refund.
Good luck.
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Not sure about the contract I will check that tonight
and I will fax the dealer and get his side of the story although he told me where to go when I tried to contact him last time about the delivery and told me he would only deal with the agent
As for retro fit that was the first line of enquiry but it is a no go - cant be done
Ill keep you posted on the developments
Guy
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Kieth - didn't I say that ?
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Partly, but I've expanded it and explained in more detail. In my view, my post was constructive and helpful.
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I may not have made myself clear. I was talking about SOG act not applying, perhaps, where a UK agent has been used and the contract is with a foreign dealer.
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Mmm, I should have put a smiley, shouldn't I.
I agree your post was constructive and helpful.
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