New car painted wrong colour

New car painted wrong colour

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TooMany2cvs

29,008 posts

127 months

Tuesday 21st February 2017
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FiF said:
280E said:
Is the deposit paid on the car any different to that on a house? If a house purchase 'falls through' - after deposit but before completion - can the buyer or seller sue the other party for any additional 'losses' due to a change in house value (either higher or lower)?

I very much doubt that any 'consumer interest' programme would be interested in this case.
That's all very different surely. If the sale falls through before contracts are exchanged, ie it's a sale subject to contract then it's too bad. After exchange of contracts then it's a different matter and if it subsequently fails to complete then various costs can be recovered subject to the terms of the contracts which have been signed.

If you want a parallel to house buying I'd say it's at the stage where contracts exchanged, deposit paid, searches done, then just before completion the buyer finds that the seller has knocked down an extension or ripped a bathroom out. Therefore the property is materially different from that which he agreed and contracted to buy.
Contracts would have been signed and exchanged on the car when the deposit was paid and the order passed through to AM.

The key is what's in the contracts. Has the OP incurred any losses as a result of the contract not being fulfilled? Not directly, no. There is the suggestion that there may be an intangible loss-of-opportunity arising, but they're rarely covered by any contract.

Hitch

6,107 posts

195 months

Tuesday 21st February 2017
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Surely if you wanted to sell the car you'd have just accepted it as was and....sold the car! Sounds like someone is being a touch pompous on their side.

anonymous-user

55 months

Tuesday 21st February 2017
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TooMany2cvs said:
The key is what's in the contracts. Has the OP incurred any losses as a result of the contract not being fulfilled? Not directly, no. There is the suggestion that there may be an intangible loss-of-opportunity arising, but they're rarely covered by any contract.
What makes you say 'intangible' with such certainty, and why would it need to be explicit in the contract to be actionable?

TooMany2cvs

29,008 posts

127 months

Tuesday 21st February 2017
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janesmith1950 said:
What makes you say 'intangible' with such certainty
Because it's absolutely impossible to calculate what profit the OP may or may not have banked at the time they eventually sold the car at some point in the future.

anonymous-user

55 months

Tuesday 21st February 2017
quotequote all
TooMany2cvs said:
janesmith1950 said:
What makes you say 'intangible' with such certainty
Because it's absolutely impossible to calculate what profit the OP may or may not have banked at the time they eventually sold the car at some point in the future.
It's explicit what the OP was due to pay the dealer. It is also pretty easy to make a judgement on the price he would likely achieve were he to sell the car after taking delivery. A court is perfectly well equipped to find both figures.

On your assertion, for example, an insurer would never be able to agree a payout on a total loss because it's "absolutely impossible to calculate" what the insured's vehicle was worth. We know this isn't the case.



TooMany2cvs

29,008 posts

127 months

Tuesday 21st February 2017
quotequote all
janesmith1950 said:
TooMany2cvs said:
janesmith1950 said:
What makes you say 'intangible' with such certainty
Because it's absolutely impossible to calculate what profit the OP may or may not have banked at the time they eventually sold the car at some point in the future.
It's explicit what the OP was due to pay the dealer.
Yes, it is.

janesmith1950 said:
It is also pretty easy to make a judgement on the price he would likely achieve were he to sell the car after taking delivery.
No, not really. But even if it were, that's irrelevant, because if the contract had been satisfied by correct delivery of the car, then the OP would not have been selling it immediately, so he has not lost that profit, since he would never have had it in the first place.

janesmith1950 said:
On your assertion, for example, an insurer would never be able to agree a payout on a total loss because it's "absolutely impossible to calculate" what the insured's vehicle was worth. We know this isn't the case.
That's a very different scenario, because it's actually very straightforward to establish what actual loss has been incurred.

swisstoni

17,054 posts

280 months

Tuesday 21st February 2017
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DELETED: Comment made by a member who's account has been deleted.
I know the OP didn't originally intend it to be one, but I'm not very surprised if AM took exception to it all being made into a 'side show'.
I'm assuming that getting on the list of buyers for these instant investments requires a bit of staying 'on side' with the car maker.

Being discovered to be giving a detailed public account of the whole cockup probably gets you an offside flag in AM's view.


FiF

44,168 posts

252 months

Tuesday 21st February 2017
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DELETED: Comment made by a member who's account has been deleted.
This ^^^, as I said earlier, Aston's perceived, rightly or wrongly, to be gentleman's conveyances. AM potentially behaving like oiks. Not quite council oiks, but nevertheless oiks.

48k

13,145 posts

149 months

Tuesday 21st February 2017
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DELETED: Comment made by a member who's account has been deleted.
Call me cynical but it's only his latest post which has this tone, now that he's realised the cost of discussing the matter on the Internet

saaby93

32,038 posts

179 months

Tuesday 21st February 2017
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48k said:
Call me cynical but it's only his latest post which has this tone, now that he's realised the cost of discussing the matter on the Internet
He did from when he opened the thread asking what to do if a new car turned up in the wrong colour.
It's been a difficult situation all round
AM have been reasonably open too if what happened was that some coffee/tea splilled on the order form and someone guessed the colour.

The problem is what to do about it?
Has anyone really answered that
Cant build another as it's a limited edition run - unless they decide it's a limited edition plus 1 smile


Edited by saaby93 on Tuesday 21st February 10:34

rich12

3,465 posts

155 months

Tuesday 21st February 2017
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Take them to court, if you don't 'win' with getting a figure you want (if you want potential loss) then try and make the court forbid them to sell it to the public at anything other than the original RRP.

Deerfoot

4,905 posts

185 months

Tuesday 21st February 2017
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48k said:
Call me cynical but it's only his latest post which has this tone, now that he's realised the cost of discussing the matter on the Internet
To be fair to the OP his opening post didn`t mention AM at all, it was other forum users that put 2 and 2 together and came up with GT8...

OP said:
Has anybody had their new limited edition car painted the wrong colour by the factory? If so what was the outcome? Does the manufacturer have to honour the order and manufacture a car to your specification?

Hitch

6,107 posts

195 months

Tuesday 21st February 2017
quotequote all
saaby93 said:
AM have been reasonably open too if what happened was that some coffee/tea splilled on the order form and someone guessed the colour.


Edited by saaby93 on Tuesday 21st February 10:34
If that is the excuse then it is utter bullst. Right up there with 'my dog ate my homework.' If the form was not clear they would have called the dealer who in turn would have called the customer.


Andy665

3,635 posts

229 months

Tuesday 21st February 2017
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The OP has every right to say what he likes on a public forum as long as it is not libellous surely. What he has stated so far seems to be perfectly reasonable - not something you can accuse Aston Martin of being.

So today sees the launch of yet another limited run Vantage in the Red Bull edition - Aston Martin profiteering again yet somehow contemptuous of a customer who tongue in cheek said that he would be flipping the car to make a profit

SpeedBall

643 posts

171 months

Tuesday 21st February 2017
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Deerfoot said:
48k said:
Call me cynical but it's only his latest post which has this tone, now that he's realised the cost of discussing the matter on the Internet
To be fair to the OP his opening post didn`t mention AM at all, it was other forum users that put 2 and 2 together and came up with GT8...

OP said:
Has anybody had their new limited edition car painted the wrong colour by the factory? If so what was the outcome? Does the manufacturer have to honour the order and manufacture a car to your specification?
Yes, but he also started a thread elsewhere asking PHers whether he should keep his GT8 or sell it and keep his GT4. That goes against the 'I've always dreamt of owning a special AM car at some point in my life' line.

rkwm1 said:
I have a AM GT8 on order for delivery in November, so i now find myself with a difficult decision.Unfortunately cant afford to keep both so do i keep the GT8 or do i sell and keep the GT4? Thoughts are appreciated. Thanks
I'm just playing devil's advocate here. Personally I think that if someone buys anything - whatever it is - then it's up to them if they want to sell it on straight away for a profit. But I can also imagine that these types of threads documenting the incompetence of such a well-known manufacturer, which prides itself on its 'unrivalled craftsmanship', are going to really p*** it off.

anonymous-user

55 months

Tuesday 21st February 2017
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Aston martin are so far stuck up there own arse, he is better rid.
They really need to look at themselves as a company that continually makes a loss needs to look at how it interacts with customers better.

swisstoni

17,054 posts

280 months

Tuesday 21st February 2017
quotequote all
Deerfoot said:
48k said:
Call me cynical but it's only his latest post which has this tone, now that he's realised the cost of discussing the matter on the Internet
To be fair to the OP his opening post didn`t mention AM at all, it was other forum users that put 2 and 2 together and came up with GT8...

OP said:
Has anybody had their new limited edition car painted the wrong colour by the factory? If so what was the outcome? Does the manufacturer have to honour the order and manufacture a car to your specification?
Correct. Trying to keep things general is very difficult on here if you aren't very careful.

OddCat

2,543 posts

172 months

Tuesday 21st February 2017
quotequote all
FiF said:
DELETED: Comment made by a member who's account has been deleted.
This ^^^, as I said earlier, Aston's perceived, rightly or wrongly, to be gentleman's conveyances. AM potentially behaving like oiks. Not quite council oiks, but nevertheless oiks.
I'm sorry, but we are not seriously suggesting that AM have even the slightest interest in what is said on PH - let alone let such a thing have any bearing on their dealings with the OP are we ? That would be a bit like AM getting excited about the fact that the OP had a chat over the garden fence with his neighbour about it ! Or with his mates down the pub !

For gods sake even if, despite the whole thing being THEIR FAULT, AM were childish enough (and up themselves enough) to be put out by this or any other PH thread, the OP hasn't actually said anything defamatory or untrue. Yes, he hinted at selling - but that was clearly tongue in cheek. And the OP actually seemed to like the car when he saw it in the flesh so, even if we were to believe such daftness would have any bearing whatsoever, it was all going swimmingly way after the comments from others on here that could be seen to be critical / iffy had been posted.

Nope, there has to be something else going on here. Something which makes more sense than a firm with a history and reputation like AM suddenly getting all excited about this thread......

OC

PS saw my first DB11 on the road yesterday. I didn't like it. Something not right about the whole shape. I don't think it is the "it's more modern it'll look good in a few years" thing. It just didn't appeal. Especially the weird slash into the back of the front wheel arch. That's just wrong.

PPS Oh no, just realised AM are monitoring this and they won't sell me one now cry

Vaud

50,637 posts

156 months

Tuesday 21st February 2017
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OddCat said:
I'm sorry, but we are not seriously suggesting that AM have even the slightest interest in what is said on PH - let alone let such a thing have any bearing on their dealings with the OP are we ? T
You will find that some manufacturers run real-time social media monitoring for reputation protection. They normally outsource it. I know this, as our company does just this for a number of companies.

Without disclosing details, they naturally they focus on the higher impact/influence/reach sites. Facebook, Twitter of course, and then depending on the product, a range of selected forums will be selected to be included in the "listening service"

It helps avoid "snowballing of issues" - early identification of a dissatisfied customer can allow early intervention (either automated, bot based or a more structured workflow for a customer service agent to get directly involved)

I don't personally know if AM use this type of service, but they do exist, and big and mid-volume manufacturers do use them and find them very useful.

Given the volume of users on PH, it's not unreasonable to think that it would be included.

SpeedBall

643 posts

171 months

Tuesday 21st February 2017
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The Spruce goose said:
Aston martin are so far stuck up there own arse, he is better rid.
They really need to look at themselves as a company that continually makes a loss needs to look at how it interacts with customers better.
Good point. They seem to think that being down with Shmeeeeeeeee!!! will earn them some cool points with the kidz, but as he states (in his E-Type video), it's the 'crazy Lamborghini' videos that pull in the big numbers on his channel. I imagine that his viewers can appreciate the GT8, but it's probably not on top of their wish lists. His Koenigsegg Agera R video from two months ago has almost 1,876,679 views, while the SIGNING My Aston Martin GT8! video - uploaded the day after - has 190,990 views.

Negative threads on PH are going to have a larger impact on AM's reputation than a run of shiny Shmee videos.