Items missing on a new car.
Discussion
My OH ordered a 1st Edition Jaguar FPace last September. These cars came with a fixed specification, with no additional options allowed and all at a fixed price of around £65,000.
These cars are now arriving in the showrooms, but it appears the original specification now has at least three omissions.
Adaptive surface response £150.00, 10 way electric memory seats £450.00 and Loadspace retention kit £172.00.
These are all available as options on other models but shown as standard in the 1st Edition brochure and highlighted as standard on the configurator.
A representative from Jaguar on another forum has just said sorry and it was a mistake in the aforementioned brochure and configurator which will be rectified.
Two of the above are factory fit so cannot be added now by the dealer.
My question is can they legally misrepresent?
My thoughts are that they have a right to alter spec but inform customers and offer alternatives. I cant see how you can enter into a contract at a set price then simply remove £772.00 worth of items without informing the customer.
Is it worth pursuing?
Thanks.
These cars are now arriving in the showrooms, but it appears the original specification now has at least three omissions.
Adaptive surface response £150.00, 10 way electric memory seats £450.00 and Loadspace retention kit £172.00.
These are all available as options on other models but shown as standard in the 1st Edition brochure and highlighted as standard on the configurator.
A representative from Jaguar on another forum has just said sorry and it was a mistake in the aforementioned brochure and configurator which will be rectified.
Two of the above are factory fit so cannot be added now by the dealer.
My question is can they legally misrepresent?
My thoughts are that they have a right to alter spec but inform customers and offer alternatives. I cant see how you can enter into a contract at a set price then simply remove £772.00 worth of items without informing the customer.
Is it worth pursuing?
Thanks.
IANAL but I would think they would be reasonable grounds for cancelling the contract if you no longer want the car. If they have advertised a car as having x and further down the line they decide that actually the car is going to be equipped with x minus some stuff and you signed up with the original spec published as x then they aren't providing what they said.
You just have to decide whether lack of these options is enough to make you cancel your order.
You just have to decide whether lack of these options is enough to make you cancel your order.
What seat controls do you get? Still fully electric with memory? Since I'm not sure what the first one is and the third one sounds like the dealer can fit it easily, the seats would be the big one for me. But if you get 6-way electric memory seats I'd live with it and ask for the cost of the options to be deducted.
CaptainSlow said:
Yes, write to Jaguar and ask what their proposed solution is.
Exactly this When you spend £40k above the average price on something your legal rights are largely irrelevant, companies don't stay a premium brand by just meeting thier minimum legal obligations.
You will still most likely have to argue it out with them, because they also know people are easily fobbed off and that some people people kick up a fuss over nothing, but when you've got a fairly clear legitimate grievance there we be plenty of scope for them to make it right.
They have to keep their end of the deal, supply what they said they'd supply and you have to pay what you said you's pay.
If they aren't prepared to supply what they said they would, technically I believe that you could take the car under protest and sue for the cost of getting it upgraded - even if that means sending it back to Jaguar...
Don't think they have a leg to stand on really. Write and ask what they intend to do. Give them some options, are they prepared to make you an offer for you to accept the car as delivered, or would they be prepared to provide a courtesy car whilst you wait for the correct spec. car to arrive?
IANAL, IAJABOTI.
If they aren't prepared to supply what they said they would, technically I believe that you could take the car under protest and sue for the cost of getting it upgraded - even if that means sending it back to Jaguar...
Don't think they have a leg to stand on really. Write and ask what they intend to do. Give them some options, are they prepared to make you an offer for you to accept the car as delivered, or would they be prepared to provide a courtesy car whilst you wait for the correct spec. car to arrive?
IANAL, IAJABOTI.
I'm not sure if direct linking is allowed but if you go onto F Pace forums .co.uk . Jaguar customer relations. Thread title FE Loadspace Rail Query, most of your questions are answered. Those that say there may be terms and conditions exemptions, I'm sure you are right.
In the scheme of things it's not really a deal breaker but I do think it misleading.
In the scheme of things it's not really a deal breaker but I do think it misleading.
Ryusen said:
at spending £65k on an F-Pace, Thought these were around £35k mark.Albeit not as many of them as the OP was expecting...
I rather suspect that Jag will simply point to whatever small print covers the usual "spec may change" backside-covering, and to the very fact it's the "FIRST edition", perhaps apologising profusely that those particular features have been delayed, and that the decision was made to keep the FIRST edition as the FIRST edition...
In my experience of a similar situation you have at least three options:
1) Reject the car and get back deposit
2) Take the car subject to refund for the paid for (but missing) options - plus a few accessories
3) Take the car subject to signed amendment to the order/customer collection form stating that you (the customer) will receive an order form to sign for another factory built car with all the extras. You then return the first car when the new one is ready at the dealership.
I think all of the above would depend on when, if at all, you were told about the spec difference.
In my situation, I got option three.
1) Reject the car and get back deposit
2) Take the car subject to refund for the paid for (but missing) options - plus a few accessories
3) Take the car subject to signed amendment to the order/customer collection form stating that you (the customer) will receive an order form to sign for another factory built car with all the extras. You then return the first car when the new one is ready at the dealership.
I think all of the above would depend on when, if at all, you were told about the spec difference.
In my situation, I got option three.
Where is the full specification listed?
If it's just listed in a brochure, there's usually a "this specification may change without notice..." or similar caveat which would leave you on the back-foot. If the inclusion of those items is listed on your specific order, then you need to be having a word with your dealer about something back in return such as free servicing, some dealer-fit additions etc.
The one comfort is that every single 'first edition' will be the same, so you're not going to be landed with a first-edition that is below the spec (and worth less) than all the others.
If it's just listed in a brochure, there's usually a "this specification may change without notice..." or similar caveat which would leave you on the back-foot. If the inclusion of those items is listed on your specific order, then you need to be having a word with your dealer about something back in return such as free servicing, some dealer-fit additions etc.
The one comfort is that every single 'first edition' will be the same, so you're not going to be landed with a first-edition that is below the spec (and worth less) than all the others.
TooMany2cvs said:
Ryusen said:
at spending £65k on an F-Pace, Thought these were around £35k mark.£65k will put you in a very nicely specced Cayenne or entry level RR Sport.
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