I guess the actual question is whether they have to be given a chance to make it conform to contract (eg by replacing the brake light bulb), or whether there is an automatic right to refund without them having to be given that chance.
That's not how the law works. An item, no matter what it is, must conform to contract from the outset.I guess the actual question is whether they have to be given a chance to make it conform to contract (eg by replacing the brake light bulb), or whether there is an automatic right to refund without them having to be given that chance.
Because of the inconvenience of not having the car you ordered for a period of weeks or months when you should be able to drive it as and when you wish! I'm sure if the OP wanted an A4 he\she'd have ordered one!.. They do not have to offer any extended warranty or compensation - that one is purely down to your relationship with them.
Why should they offer extended warranty - ..
I've just caught up with the thread again, so thanks for all your inputs so far. Very interesting (and varied) to say the least!
Anyway, I have another update following the less than constructive phone call this morning...
Both Audi Lincoln and I have spoken to Audi UK through the course of the day, which led to a face-to-face meeting with the Head of Business at Lincoln Audi this evening. I am pleased to report that the strained phone call this morning was put far behind us and we have agreed to replace the car in full, to the same spec. Because of the long lead-time to manufacture a new car (unfortunate), it looks like my replacement will be a '63' vice '13' plate (fortunate). At this point, I'm now very happy with Audi and the Head of Business at the Lincoln branch turned out to be an exceptionally helpful and nice guy. Thankfully, no legal action was necessary and my faith in Audi is restored.
This goes to show that meeting in person is usually always better than a phone call.
Just to add...the fault with the engine remains unknown and the whole engine assembly is to be tested by Audi engine experts.
Out of interest did Lesley Wright at Audi play a part in the outcome ?I've just caught up with the thread again, so thanks for all your inputs so far. Very interesting (and varied) to say the least!
Anyway, I have another update following the less than constructive phone call this morning...
Both Audi Lincoln and I have spoken to Audi UK through the course of the day, which led to a face-to-face meeting with the Head of Business at Lincoln Audi this evening. I am pleased to report that the strained phone call this morning was put far behind us and we have agreed to replace the car in full, to the same spec. Because of the long lead-time to manufacture a new car (unfortunate), it looks like my replacement will be a '63' vice '13' plate (fortunate). At this point, I'm now very happy with Audi and the Head of Business at the Lincoln branch turned out to be an exceptionally helpful and nice guy. Thankfully, no legal action was necessary and my faith in Audi is restored.
This goes to show that meeting in person is usually always better than a phone call.
Just to add...the fault with the engine remains unknown and the whole engine assembly is to be tested by Audi engine experts.
Out of interest did Lesley Wright at Audi play a part in the outcome ?
I don't agree that they were going "above and beyond". All that's happened is they (the dealer) have accepted their legal obligations to their customer.Well done, gives me faith in the company as well - above and beyond. Others are right in this thread that they didn't have to do that but its good to see that you managed to got some exceptional service (eventually!)
Under the Sale of Goods Act 1979 (SOGA) if an item does not conform to contract the buyer can, if done so within a reasonable period, reject it outright for a full refund. Outside this period the remedies open to the buyer are one of repair, replacement or refund (partial dependent on usage), whilst the buyer can choose one of these remedies they cannot insist on any that is disproportionate to another in terms of cost to the seller. Any remedy must be performed within a reasonable time and must not cause a significant inconvenience to the buyer.Not at all - their legal obligations are to repair the car, not to replace it. I don't know what law you mean?
Under the Sale of Goods Act 1979 (SOGA) if an item does not conform to contract the buyer can, if done so within a reasonable period, reject it outright for a full refund. Outside this period the remedies open to the buyer are one of repair, replacement or refund (partial dependent on usage), whilst the buyer can choose one of these remedies they cannot insist on any that is disproportionate to another in terms of cost to the seller. Any remedy must be performed within a reasonable time and must not cause a significant inconvenience to the buyer.
I refer you to the following from your link:Have a read of this: Frequently Asked Questions | Honest John
Essentially, you can invoke that once the seller has been given 3 chances to remedy the problem, and not before.
Having to accept 3 repairs is not accepted as current law and certainly does not overrule your right to reject.The full judgment is here - Clegg v Olle Andersson (t/a Nordic Marine) [2003] EWCA Civ 320 (11 March 2003) - and the relevant paragraph is paragraph 63, where the Judge says (of the Bernstein decision): "In my view it does not represent the law now." This was partly because the Bernstein decision pre-dated the Sale and Supply of Goods Act 1994, which gave consumers more rights to reject goods.
It all depends whether it gets as far as court, and what the judge would decide, and whether their lawyers could argue successfully that the previous law should apply. It'd probably end up being quite costly for you if it got that far though! Would it really be worth it?
It all depends whether it gets as far as court, and what the judge would decide, and whether their lawyers could argue successfully that the previous law should apply. It'd probably end up being quite costly for you if it got that far though! Would it really be worth it?