Unbelievably bad delivery experience...

[emerald]

Long post (whinge) - apologies...
In the last week of January, after being prompted by the lease company that my lease finishes 9th March, I test drove / researched a range of options and ended up going back to South Yarra VW to the dealer I have bought my last 2 cars from – both new Golf GTIs.
On 6th Feb I put a deposit down on a new Golf R – blue, manual, leather – as it was ready now and they were able to do what I thought was a pretty good deal - exciting!
So that would be 3 brand new cars in 6 years from the same guy. Finance all done ready to go by Monday. I knew I was going to be away for a week from 14th to 21st, the dealer wanted to settle while I was away so we agreed settlement of Friday 22nd when I was back in Melbourne. The Monday that week I sent a note to the dealer letting him know what time I’d be there on 22nd, but got no response.
On Thursday I called the dealer and was told he was on long service leave (what?!), spoke to the finance company and they hadn’t heard anything so found the store manager who advised that they actually didn’t have the car yet, so no chance of picking it up on Friday. He said they expected it Monday, so available for pickup Wednesday.
On Monday I called – same thing. Car not there yet, due Wednesday and available for pickup on Friday. On Thursday – same thing, car not there yet.
So on Friday I called to let the manager know I needed a commitment that day for when delivery would be or I was cancelling the contract to find another car – just 1 week until current lease expired. I was advised that the manager had also gone on leave (what?!).
I was put through to the acting manager who at least seemed to care about my predicament but had to go find out if she could get me a commitment. She called and said she had by email that the car would be dropped off on Monday – she was happy to confirm pickup by Wednesday (which is tomorrow). And then yesterday.... she called (at least she called me) to say there was no car – and in fact it appeared it may be in Brisbane so quite a way away yet. So with less than a week before my lease is due to expire – and with significant cost to myself if I haven’t exited it by its expiry – I am stuck.
At this stage I’ve organised to trade in my car and close the lease out, and get a loan car (god knows what) until they find my car. I used the great shipping tracking site I found on this forum and the car with my VIN landed in Brisbane on 24th DECEMBER.
So – apart from having an opportunity to VENT – I’m after guidance / advice:
- Has this happened to anyone before? Is there a chance the car has been sold to someone else/ is trashed and not ready to deliver/ doesnt exist??
- Why would VW keep a car for a couple of months at the docks, particularly when there was a contract on it for one of those months?
- Is the dealer inept (doesn’t have a clue where stock is) or simply misleading me? Either way don’t want to do further business with them...
- How did I let it go this long??
Any advice or suggestions welcome!!

[Martin]

It's probably multiple issues - but the dealer is not dealing with it openly and competently

Next time I buy a new car, you know that section in the contract where you can write additional conditions, I will add:
Failure to deliver on DD/MM/YYYY will result in contract cancellation and deposit refund
You have to create the right incentive for them to perform

[Capercat]

Usually dealers like to move their stock asap, so I can't imagine the holdup. My previous new car landed in QLD but was transported to Syd within two weeks. I dare say it may be at the repair shop.

[Martin]

I dare say it may be at the repair shop.

That's a scary but very real possibility

My wife is a import customs broker - end of last year a truck collected two containers that had been cleared, he turned too quickly in the yard and laid the truck over on it's side - you can image the damage to the truck and produce not to mention shutting down that customs clearing facility for the day

[dsuhiti]

It's probably multiple issues - but the dealer is not dealing with it openly and competently

Next time I buy a new car, you know that section in the contract where you can write additional conditions, I will add:
Failure to deliver on DD/MM/YYYY will result in contract cancellation and deposit refund
You have to create the right incentive for them to perform

That just isnt fair. A lot of the time, it is completely out of dealers control. Transport companies deal with delivering hundreds of vehicles per day - so even getting in contact with a delivering company can lead to no where. They want to make money, just as much as you want the car, so there is no reason for them to hold onto the car.

OP, I feel your pain - things could have went much smoother if there was some organisation on the dealers end. Hopefully you hear some good news soon!

[cktsi]

Do you have the original contract? If so see if it has some clause to deliver within a certain date.

Reason I suggest this is BMW have a clause giving them 3 months to deliver from order date. I'd get out of it and go somewhere else if I were you. There must be other dealers who have a higher care factor.

[Ryan_R]

Wasn't there a thread/post recently from someone else asking about delays regarding new car delivery - I'm sure he also said it had been stuck in BNE for a while.

[emerald]

Thanks all - I have found a post from another member that has a passat stuck in Brisbane - but shipped in Feb vs December. Will still compare notes..
I appreciate the comment that the dealer does not have control re delivery, but this long (with no view of whats actually happening) still seems strange.
And I dread to think that Capercat/ Martin's comments re damage at the docks may be a reality. If the car arrives - any ideas on how I can tell whether it has been damaged and repaired?
Thanks again all.

[ParaBul]

That just isnt fair.

Garbage. A contract is a contract.

If the dealer doesn't want to sign up to the contract they don't have to.

If they sign it, then they deliver, or it's breach of contract. If their suppliers can't deliver, that's their problem to manage.

It creates a clean break for both parties. Buyer has a clear date by which they are free to move on and organise another deal. Dealer will still have a vehicle they can sell - it's not like they're going to need to return it.

[Tobes_WIR35]

Garbage. A contract is a contract.

If the dealer doesn't want to sign up to the contract they don't have to.

If they sign it, then they deliver, or it's breach of contract. If their suppliers can't deliver, that's their problem to manage.

It creates a clean break for both parties. Buyer has a clear date by which they are free to move on and organise another deal. Dealer will still have a vehicle they can sell - it's not like they're going to need to return it.

I agree 100%. How is it unfair? A contract is not a contract without an end date.

[Martin]

I agree 100%. How is it unfair? A contract is not a contract without an end date.

Agreed, and if the dealer has any concerns or variability, they can build that into the delivery date

It's not fair to the purchaser who makes financial and logistical arrangements around an agreed delivery date and has no recourse

Perhaps a softer option is use a clause stating that if the delivery date is not met, an equivalent car will be made available until delivery is achieved - that also creates the right incentive for the dealer to get it right and be proactive

[BARMY]

That just isnt fair. A lot of the time, it is completely out of dealers control. Transport companies deal with delivering hundreds of vehicles per day - so even getting in contact with a delivering company can lead to no where. They want to make money, just as much as you want the car, so there is no reason for them to hold onto the car.

OP, I feel your pain - things could have went much smoother if there was some organisation on the dealers end. Hopefully you hear some good news soon!

If the dealer agrees a delivery date, getting them to sign the clause suggested is completely fair. More people should add this and similar clauses to protect themselves from dealer complacency.

[Tobes_WIR35]

Absolutely. The dealer has a lot more financial capacity to take on that tiny amount of risk than an individual does. If delivery dates are not met and you have a lease about to expire, it could cost many thousands of dollars, or many frustrating hours spent trying to negotiate a reasonable outcome with the leasing company. If delivery dates are not met and the buyer cancels their contract, the only problem the dealer has is that they sell the car to somebody else.

What about a house contract? If certain dates are not met by the seller, the buyer can pull out easy as.

In construction contracts, if the builder doesn't finish the project on time, they pay the client liquidated damages for every day they are late.

If you ask me, car dealer is getting off very easy in this hypothetical situation.

[alebonau]

tough situation. seems like a very un corporative dealer !

lease companies dont exactly help with their leases either I dont think. when leases end thats pretty much it.

do hope something can be worked out.

I'm facing something similar at end of lease. I really hope dont get caught out !

[anthony]

I bought my Jetta from South Yarra,and found them shocking to deal with,hopefully never again.