What an utter waste.
Discussion
In this incident BMW apparently repaired cars and passed them onto dealers with disclosure documents.
http://www.motivemag.com/pub/news/BMW_North_Americ...
http://www.motivemag.com/pub/news/BMW_North_Americ...
FourWheelDrift said:
Write up a contract removing any liability surely that the new owner agrees to.
Section 2 Unfair Contract Terms Act 1977 said:
2 Negligence liability.
(1)A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.
(2)In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness.
(3)Where a contract term or notice purports to exclude or restrict liability for negligence a person’s agreement to or awareness of it is not of itself to be taken as indicating his voluntary acceptance of any risk.
It would also be considered unfair under Schedule 2 of Unfair Terms in Consumer Contracts Regulations 1999.(1)A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.
(2)In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness.
(3)Where a contract term or notice purports to exclude or restrict liability for negligence a person’s agreement to or awareness of it is not of itself to be taken as indicating his voluntary acceptance of any risk.
It's a straightforward financial decision to draw a line under the incident forever rather than deal with the costs of repairing, taking parts out of the market/production lines, testing, fighting legal claims, reputation damage and balance sheet impact of prudently providing for claims.
There is precedent. Mazda scrapped every part of every car off the MV Cougar Ace.
http://www.caranddriver.com/features/cougar-ace-th...
Its happened before, Mazda scrapped over 4000 cars after this one
http://www.autoblog.com/2006/12/15/mazda-scrapping...
http://www.autoblog.com/2006/12/15/mazda-scrapping...
No idea what will happen here but I do know that Bentley send a lot of perfectly good tyres to a shredding plant rather than sell them . A big waste managent company use a part of my yard for storing empty skips , the really big ones with ladders up them .
A driver came in and called us over to have a look and it was full to the brim with tyres from continentals . Couldn't see many that weren't 6mm + and some looked brand new .
A driver came in and called us over to have a look and it was full to the brim with tyres from continentals . Couldn't see many that weren't 6mm + and some looked brand new .
I remember a situation with Chrysler Neons being left on a ship for 2 years at the beginning of the recession because no one would buy them and it was cheaper to leave the ship out at sea than pay the docking and storage fees on land. When they did finally reach the dealerships the were damaged by salt water corosion and all the windows seals and tyres had perished, not to mentions the rust. Maybe I saw many of the cars personally. The dealer knocked £2k off them as they were out of model year and I'm sure that some people bought them unwittingly. (allegedly)
I would assume it's all about accountability?
Lets say the RR customer has a crash in 6 months and one airbag fails to blow. This could be down to anything, but I'm sure some legal firm in the US would try and stake a claim that a vehicle being exposed to sea air, suspended on its side for that time blah blah blah was all to blame and they will settle out of court for 16 zillion dollars.
Even though it won't go anywhere, it's not worth the negative publicity and it's just easier to write it off. It's pocket change for RR at the end of the day. The "£250,000" car probably costs about £50,000 to make.
Lets say the RR customer has a crash in 6 months and one airbag fails to blow. This could be down to anything, but I'm sure some legal firm in the US would try and stake a claim that a vehicle being exposed to sea air, suspended on its side for that time blah blah blah was all to blame and they will settle out of court for 16 zillion dollars.
Even though it won't go anywhere, it's not worth the negative publicity and it's just easier to write it off. It's pocket change for RR at the end of the day. The "£250,000" car probably costs about £50,000 to make.
I don't know what will happen to them but I don't think they will be in worse condition than a car that has travelled 300 miles down a motorway in salt spray on a car transporter and patched up at a dealer for damage sustained in transit.
I was in a main dealer last year and a brand new Range Rover was being reversed into the collection bay for someone to collect.
The driver caught the bumper and side on a door . The sales manager shot over and said "get it to the bodyshop now and repaired for 3pm collection !!!
so on a 90k new car car the main dealer were happy to carry out a fairly major repair.
I bet the customer was never told.
I was in a main dealer last year and a brand new Range Rover was being reversed into the collection bay for someone to collect.
The driver caught the bumper and side on a door . The sales manager shot over and said "get it to the bodyshop now and repaired for 3pm collection !!!
so on a 90k new car car the main dealer were happy to carry out a fairly major repair.
I bet the customer was never told.
22Rgt said:
None will be scrapped, why would they? Theyll just go to the dealers as normal and just who would ever know??? Ridiculous speculation by all the usual PH arm chair experts..
Every time I finish reading one of your posts, I think 'this person is slightly dim'. Then I see your name. You come across as having a simplistic world view. It's the bolded bit that makes what you said very foolish.It's about risk and liability. They could ship them off to dealers, sell them, not tell the customers, and everything be totally fine. Risk is the probability of something occurring multiplied by the severity of the outcome. Though the probability of anything going wrong is small the consequence could potentially be catastrophic, would result in huge payouts and damage to reputation.
Considering that people go apest if they find out that the car has had a bit of remedial paintwork at the factory. How do you think people will react if they find out that it's been sat out at sea for weeks, in a boat crash.
Edited by xxChrisxx on Saturday 31st January 00:30
Edited by xxChrisxx on Saturday 31st January 00:31
^^ Exactly. Even if they sold them cheap with a disclaimer to the new owner, chances are that owner would try and sell it on a couple of years later at full market value and 'lose' the disclaimer paperwork. Then if something goes wrong and you subsequently find out from the VIN it was one of the ships cars, posts galore on PH and subsequent trying to sue...
xxChrisxx said:
22Rgt said:
None will be scrapped, why would they? Theyll just go to the dealers as normal and just who would ever know??? Ridiculous speculation by all the usual PH arm chair experts..
Every time I finish reading one of your posts, I think 'this person is slightly dim'.Of course, I know several service people who aren't slightly dim (before somebody shows themself to be dim enough to jump to that conclusion).
Edited by BritishRacinGrin on Saturday 31st January 06:42
Black_S3 said:
Surely they wont get scrapped. Maybe pay out by the insurance company who sell the car on with CAT X recorded that invalidates warranty? Cant believe for a second the meaning of scrapped is pulled apart and crushed.
It probably isn't worth stripping them for bits given labour costs and the fact the value of the spares is far lower to the manufacturer than it would be to the customer. They also don't want scrap yards selling brand new spare parts and undercutting their own dealers.My guess would be it will depend who they now belong to if they are insured and terms of the policy if they are the property of an insurance company they would want to minnimise there loss and sell them on as salvage unless there is some condition in the policy,
It would be funny if LR want them scrapped because they won't stand being tilted or subjected to harsh conditions !!!
It would be funny if LR want them scrapped because they won't stand being tilted or subjected to harsh conditions !!!
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