Extended warranty claim and N rated tyres
Discussion
Baz99 said:
So the assumption is that Porsche will try and blame your tyres for an engine failure and yet there apparently is no evidence that they have or will do so ?
No - the assumption is that they possibly could if they believed it to be true, and you would have to prove otherwise at your own (substantial) expense.Baz99 said:
I would have thought that a lawyer would understand that Porsche are bound by the contract that you both have signed.
Thanks for the treatise on contract law.Of course they are bound. As are you.
If Porsche decide they won't pay for any reason (let's say in breach of contract), that's lovely for you. Well done. You're morally right. And legally right. You still have to risk £100k in costs to force them to reverse their decision.
Being in the right legally means the cube root of f*** all until you get judgement. And good luck with that.
I'm out. There are none so deaf as those with earplugs in.
Baz99 said:
Just more of the same heh guy's. Porsche might not observe the contract, where is your evidence of such duplicity.
You dropped this. 'Oh, and they might not. But I tell you what, if they are looking at a £15k bill and they have an out, they might very well decide to save their money and let you sink in the knowledge that you can do nothing about it. This happens ALL the time in my industry.
"Are we in breach"?
"Yes of course we are"
"How much do we owe them"?
"Six million quid".
"Can they afford to sue us"?
"No".
"Oh dear how sad nevermind".
Soov330e said:
Thanks for the treatise on contract law.
Of course they are bound. As are you.
If Porsche decide they won't pay for any reason (let's say in breach of contract), that's lovely for you. Well done. You're morally right. And legally right. You still have to risk £100k in costs to force them to reverse their decision.
Being in the right legally means the cube root of f*** all until you get judgement. And good luck with that.
I'm out. There are none so deaf as those with earplugs in.
I presume you have read the contract Soov, I presume you understand it. Surely if your argument that Porsche can do as they like and breach the contract with impunity means that it is valueless for after all they could play the bully even if you have used OPC parts and servicig. What do you do then?Of course they are bound. As are you.
If Porsche decide they won't pay for any reason (let's say in breach of contract), that's lovely for you. Well done. You're morally right. And legally right. You still have to risk £100k in costs to force them to reverse their decision.
Being in the right legally means the cube root of f*** all until you get judgement. And good luck with that.
I'm out. There are none so deaf as those with earplugs in.
Edited by Baz99 on Friday 26th May 14:43
Baz99 said:
Surely if your argument that Porsche can do as they like and breach the contract with impunity means that it is valueless for after all they could play the bully even if you have abided by all the terms. What do you do then?
Take them court.Risk of occurrence in that scenario? Probably very, very low. Risk of occurrence if you have non-OEM parts fitted? A lot higher.
This is what you fail to grasp - it's not a blanket black/white or yes/no scenario. It's case and situation dependent, but you strengthen your own case by completely playing by Porsche's rules as it's their game! There's no independent adjudicator assessing all cases for relevance and fairness unless you go to court.
Baz99 said:
Soov330e said:
Thanks for the treatise on contract law.
Of course they are bound. As are you.
If Porsche decide they won't pay for any reason (let's say in breach of contract), that's lovely for you. Well done. You're morally right. And legally right. You still have to risk £100k in costs to force them to reverse their decision.
Being in the right legally means the cube root of f*** all until you get judgement. And good luck with that.
I'm out. There are none so deaf as those with earplugs in.
I presume you have read the contract Soov, I presume you understand it. Surely if your argument that Porsche can do as they like and breach the contract with impunity means that it is valueless for after all they could play the bully even if you have used OPC parts and servicig. What do you do then?Of course they are bound. As are you.
If Porsche decide they won't pay for any reason (let's say in breach of contract), that's lovely for you. Well done. You're morally right. And legally right. You still have to risk £100k in costs to force them to reverse their decision.
Being in the right legally means the cube root of f*** all until you get judgement. And good luck with that.
I'm out. There are none so deaf as those with earplugs in.
Edited by Baz99 on Friday 26th May 14:43
I very often advise clients who are in the wrong, and who are in breach. I advise them that they have an obligation to pay, but that if the claimant does not have the means to enforce that obligation through the Courts then they can do nothing.
No one says it's fair. It's just life.
Edited by Soov330e on Friday 26th May 14:50
I would suggest that having to go to court is also extremely low when no part that you have fitted is associated with the problem. Simply because you have not acted contrary to the contract. Once again Guy's lets have some evidence. You're just making suppositions.
Edited by Baz99 on Friday 26th May 14:51
Edited by Baz99 on Friday 26th May 14:55
Soov330e said:
Baz99 said:
Soov330e said:
Thanks for the treatise on contract law.
Of course they are bound. As are you.
If Porsche decide they won't pay for any reason (let's say in breach of contract), that's lovely for you. Well done. You're morally right. And legally right. You still have to risk £100k in costs to force them to reverse their decision.
Being in the right legally means the cube root of f*** all until you get judgement. And good luck with that.
I'm out. There are none so deaf as those with earplugs in.
I presume you have read the contract Soov, I presume you understand it. Surely if your argument that Porsche can do as they like and breach the contract with impunity means that it is valueless for after all they could play the bully even if you have used OPC parts and servicig. What do you do then?Of course they are bound. As are you.
If Porsche decide they won't pay for any reason (let's say in breach of contract), that's lovely for you. Well done. You're morally right. And legally right. You still have to risk £100k in costs to force them to reverse their decision.
Being in the right legally means the cube root of f*** all until you get judgement. And good luck with that.
I'm out. There are none so deaf as those with earplugs in.
Edited by Baz99 on Friday 26th May 14:43
I very often advise clients who are in the wrong, and who are in breach. I advise them that they have an obligation to pay, but that if the claimant does not have the means to enforce that obligation through the Courts then they can do nothing.
No one says it's fair. It's just life.
Edited by Soov330e on Friday 26th May 14:50
Baz99 said:
I would suggest that having to go to court is also extremely low when no part that you have fitted is associated with the problem.
If Porsche say otherwise a court is your only course of action, and that's the key thing, Your opinion alone, unless you are a engineer with a specialist insight into the parts in question, is worth the grand total of absolutely nothing.Is English your first language Moose. You have printed the relevant clauses but don't you understand them? They are standard exclusion clauses that you will find, for instance, in your washing machine contract. So:-
1 Fitting non Porsche parts MAY affect your warrranty if they can be directly linked to the problem.
2 Service by non OPC MAY affect your warranty if such servicing can be faulted.
Neither of the above automatically void the warranty.
Your suppositions of what might happen are just that, suppositions with no basis in fact and with no evidence.
1 Fitting non Porsche parts MAY affect your warrranty if they can be directly linked to the problem.
2 Service by non OPC MAY affect your warranty if such servicing can be faulted.
Neither of the above automatically void the warranty.
Your suppositions of what might happen are just that, suppositions with no basis in fact and with no evidence.
Soov330e said:
Oh dear Soothe try again, you should be able to read a contract surely? The clause states that non OPC servicing could void the contract if it is found to be responsible for a claim. It does not preclude or forbid non OPC. Tut tut, hope your fees aren't to high. Dim WitBaz99 said:
Moving the goal posts a bit aren't we Moose, you have maintained that fitting non genuine parts voids the warranty. Still awaiting some evidence.
It potentially voids the warranty in the event of a claim, which is when the validity of policy is tested. The wording states:"A claim made under Your Policy shall be invalid to the extent that the defect results from any of the following:"
The part "..the defect results from any of the following" is down'to Porsche's opinion, and their opinion alone, of the fault in question and the status of the car at that time with regard to non-OEM parts. If they say they won't pay out due to a non-standard battery than that is their right and they are fully complying with the terms of the policy.
Twinfan said:
It potentially voids the warranty in the event of a claim, which is when the validity of policy is tested. The wording states:
"A claim made under Your Policy shall be invalid to the extent that the defect results from any of the following:"
The part "..the defect results from any of the following" is down'to Porsche's opinion, and their opinion alone, of the fault in question and the status of the car at that time with regard to non-OEM parts. If they say they won't pay out due to a non-standard battery than that is their right and they are fully complying with the terms of the policy.
Indeed, and I am waiting for evidence of them having taken such an unreasonable attitude and with what justification."A claim made under Your Policy shall be invalid to the extent that the defect results from any of the following:"
The part "..the defect results from any of the following" is down'to Porsche's opinion, and their opinion alone, of the fault in question and the status of the car at that time with regard to non-OEM parts. If they say they won't pay out due to a non-standard battery than that is their right and they are fully complying with the terms of the policy.
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