Our attempt to buy an RX-8 in July 2003 (long)
05-13-2004, 08:39 AM
#26
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Join Date: Aug 2003
Location: Sydney Australia
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Interestingly, although possibility trivial and unimportant, a few observations;
1) According to section 5 in the sale contract, the forfeiting 5% is only applicable if the dealer cancels your order as a result of your failure to fulfil your obligations and only then only if they wrote to you advising you of that ... your post does not mention them writing to you .. did they?? Also, although you wrote cancelling the order, the clause does not mention cancellation but rather contemplates you being in breach only if you refused or failed to take delivery. Did you do that or just cancel your order. A fine point but potentially critical.
Further
Where it says 'total amount payable in section D', the said part in your contract as shown above is actually BLANK!
Anyhow, having made these observations, and at the risk of repeating my self, above and beyond consumer affairs, NRMA would be worth a chat. I know I may have missed some detail etc but I think you may well have some sort of claim
Regardless, for what its worth, if it were my $3500+, I'd be writing to Mazda locally again , send copies to mazda in Japan. This dealer may well be damaging the Mazda reputation and brand image and without the Mazda Franchise the revenue looks pretty lame for a used car dealer in comparison. I'd also pursue consumer affairs - firstly find out from them(this is public domain info) if there have been other claims against the dealer. May be useful ammo. Be persistent till someone from the dept agrees to write to the dealer. You'd be amazed to see how much of a positive reaction you may get if the receive a letter on behalf of the Fair Trading minister!
They might meet you 1/2 way in which case your shouting the KKs at the next drive day!!
PM me if you want to talk any of this through..
1) According to section 5 in the sale contract, the forfeiting 5% is only applicable if the dealer cancels your order as a result of your failure to fulfil your obligations and only then only if they wrote to you advising you of that ... your post does not mention them writing to you .. did they?? Also, although you wrote cancelling the order, the clause does not mention cancellation but rather contemplates you being in breach only if you refused or failed to take delivery. Did you do that or just cancel your order. A fine point but potentially critical.
Further
Where it says 'total amount payable in section D', the said part in your contract as shown above is actually BLANK!
Anyhow, having made these observations, and at the risk of repeating my self, above and beyond consumer affairs, NRMA would be worth a chat. I know I may have missed some detail etc but I think you may well have some sort of claim
Regardless, for what its worth, if it were my $3500+, I'd be writing to Mazda locally again , send copies to mazda in Japan. This dealer may well be damaging the Mazda reputation and brand image and without the Mazda Franchise the revenue looks pretty lame for a used car dealer in comparison. I'd also pursue consumer affairs - firstly find out from them(this is public domain info) if there have been other claims against the dealer. May be useful ammo. Be persistent till someone from the dept agrees to write to the dealer. You'd be amazed to see how much of a positive reaction you may get if the receive a letter on behalf of the Fair Trading minister!
They might meet you 1/2 way in which case your shouting the KKs at the next drive day!!
PM me if you want to talk any of this through..
05-13-2004, 04:52 PM
#28
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Join Date: Mar 2003
Location: Gold Coast Australia
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jeffneil
HMMMMM for a fee i know some people who would love to go and pay the dealer a visit and get you the full refund guarranted .
Theres no way they would hold my $3500 .
Its not only the money at stake but the principle of the deal .
A Russian friend of mine had problems with his new BMW , he got sick of having to return it to the dealer for repairs , he told the dealer that he wanted his car replaced with a brand new car the dealer Laughed at the thought .( CAR WAS 8 MONTHS OLD WITH 18,000KM ON THE CLOCK )
HIS FAIRY GOD MOTHER PAYED A VISIT TO THE DEALERSHIP AND GUEES WHAT THE DEALER MYSTERIOUSLY FOUND A BRAND NEW CAR FOR HIM .
HA HA HA
cheers
michael
HMMMMM for a fee i know some people who would love to go and pay the dealer a visit and get you the full refund guarranted .
Theres no way they would hold my $3500 .
Its not only the money at stake but the principle of the deal .
A Russian friend of mine had problems with his new BMW , he got sick of having to return it to the dealer for repairs , he told the dealer that he wanted his car replaced with a brand new car the dealer Laughed at the thought .( CAR WAS 8 MONTHS OLD WITH 18,000KM ON THE CLOCK )
HIS FAIRY GOD MOTHER PAYED A VISIT TO THE DEALERSHIP AND GUEES WHAT THE DEALER MYSTERIOUSLY FOUND A BRAND NEW CAR FOR HIM .
HA HA HA
cheers
michael
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