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Yep All confirmed as star silver with extras on a proper purchase document.This is a main dealer.
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Oh I'd go back with my stroppy head on. Get the owner/principle out and start asking him what he's going to do about it, then start talking trading standards and your solicitor.
I'd also discuss contacting the manufacturer of the car, the underwriter of the insurance and the FSA.
And if he didn't sort me out, then I'd do it.
Not so much because of the mistake, but for his lousy attitude.
However, as for being able to charge 6 weeks car hire back to the dealer, I doubt it. Loss of use is all a bit funy. However, you might get him to lend you a courtesy car.
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You need to decide want you want before doing as Mark suggests, would £500 enable you to accept the darker colour and have an easy life or do you not want that colour under any circumstances? If not then the courtesy car until another car is ordered and delivered is a reasonable approach.
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If it were me then yes. But SWMBO says that the whole point is that a new car gives you the choice of exact colours.
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Well I'm of the same opinion as Mark, if you've got the order form stating the correct colour then they have to honour it, however much messing around it means for them, it's their mistake.
Have you actually picked the vehicle up? If not, refuse to accept it because of the incorrect colour.
If you have picked it up, take it back ASAP and tell them you're rejecting it.
They should also keep your wife mobile as has already been stated.
Good luck.
PP
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Had a similair problem with my local VX dealer last year. Ordered a Zafira 2.0DTI "Energy" in "Energy Blue" with Black/ Charcoal interior trim on a sunday.Monday afternoon phone call telling me there were no Energy Blue cars with Black/ Charcoal trim in the UK, would i except a Black/Blue trim ?
Not to much of an issue so we accepted this change only to be phoned Tuesday and told that there were no Energy Blue/ Black/Blue interior trims left in the UK. Although there were 3 cars to this spec in Northern Ireland and my local dealer was not going to send a truck to get one due to the costs involved.
Phoned up dealer Wednesday morning and conveyed the impression that unless we got a Energy Blue with either colour interior trim then the deal was off and i would be expecting the reimbursement of my deposit.
Wednesday afternoon phone call saying that if we could accept a 4 week wait forour car to be produced in the next Energy Batch run then our requirements would be met.Which it was.
You have signed a contract for a car to specic specifications, your local dealer is in breach of contract, of which they are aware, if i was you i would not only accept.
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When I ordered my Mondeo I was told that my preferred silver would take eight weeks however I could have a State Blue (dark blue metallic) one in three or four. I agreed to the latter then really kinda bought into the idea of the blue colour, when I picked up the car a month or so later I was most surprised to see a silver one sitting there. Having mentally accepted the blue I was actually slightly disappointed however nearly three years on I do prefer the silver. The dealer really should have advised that the date for a silver one had improved so he had left the order in place.
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The dealership is in breach of a written contract - end of story.
The cost of putting the mistake right is down to the dealership and it should also meet any costs incurred as a result of the contract being broken.
Believe you me, if the boot was on the other foot....:-)
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
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This could get sticky for you.
Firstly if the dealer is adamant that you complete the contract or lose your deposit is everyone here really convinced that he would be held to be in breach for supplying a dark metallic silver car rather that a light silver metallic, I'm not.
Between red and green no problems, shades of a colour?
I also suspect that the contract has a clause in it stating that time is not of the essence, so if even if he does deliver a light one in 6 weeks I doubt he will be held responsible for the fact that your second car has already been sold, it's hardly wholly his fault.
Far too complex to analyse today.
I would however go to the dealership ask politely to see the principal and do a deal. No point in getting stroppy, firm and polite works every time.
If the car has already been registered to you then they are looking at a significant loss, so I would look for a good deal, £1000 off, three years free servicing etc etc. Otherwise they can simply put back into national stock.
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>>Firstly if the dealer is adamant that you complete the contract
or lose your deposit is everyone here really convinced that he
would be held to be in breach for supplying a dark
metallic silver car rather that a light silver metallic, I'm not.Between red and green no problems, shades of a colour?
The colour is not subjective, if it states Star Silver in the contract then the contract is breached if another colour is supplied.
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Sorry should have expanded further, if it is only a minor breach then you can only sue for damages, what you lost by him supplying a different colour silver car - nothing.
If it a minor breach then you have to perform your obligations as well, ie buy the car.
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Reckon that supplying Lightening Silver instead of Star Silver is as much breach as supply Pepper Red instead of Sky Blue. The wrong colour, is the wrong colour.
The fact that the colours are close only comes into play in that the customer might find it accepatble to be compensated for the breach, perhaps by a discount, as opposed to enforcing the contract, i.e. getting the colour they wanted at full price.
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I would like to know how the wrong colour is a minor breach of contract. If I order a steak to be cooked rare and it comes out well done it just isn't right. Might be a minor problem but untill it's as ordered it's wrong plain and simple.
Stick by your guns on this one and do not accept anything that isn't exactly as ordered, I'm fed up with people accepting sub-standard service, you deserve better
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Silver Lightning isn't really silver at all. It's more of a met light blue in reality. Therefore quite different.
I would reject the car outright if you really wanted star silver, it's the dealer's problem not yours. If you can accept Lightning press for some sweeteners with it.
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Furthermore, IMO the Zafira looks much nicer in Star Silver as well!
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Thanks for your help everyone.
SWMBO has been so annoyed she said she does not want the car and looked around for another. She is interested in a Touran instead. It is more expensive but better equiped. Dealer says we can have it in 10-14 days.
Before we order it though i need to check if i can get the deposit back on the Zafira.
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Tricky one, while you are within your rights to reject the Zafira due to the wrong colour your options are to insist on one the right colour or negotiate on the one they have offered you. You may not however be able to get your deposit back because if they deliver a car as you ordered albeit at a later date they will not have breached the contract.
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I would think that it is unlikely that you will get your deposit back as waiting times are probably subject to best endeavours ie the dealer will claim it's out of their control that there is a 6 week wait for the colour you want.
However, he may just be exaggerating the length of time in order to get you to accept the car they have in Lightning. If you refuse it you may find that your requested colour turns up much sooner than 6 weeks - after all Star Silver is one of the more common Vauxhall colours.
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If the colour you want is still being made, in the spec you want (read the small print about specifications may change) then you can reject the car they have offred you and wait for the one you want.
You cant:
a: change your mind for another car,
b: get your deposit back if you do change your mind
c: legally insist on compensation for running a car or incidental expenses in the waiting time
You can:
Explain to the dealer principal your severe disastisfaction with their incompetence and ask how they intend to regain your confidence and write to the car manufacturer explaining how badly this dealer reflects on the company.
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If push came to shove in a court of law it may well be held that it was only a minor breach. I don't make the law or the decisions, but I can see it happening. I don't know what a particular judge would decide on a particular day, and with respect neither do you nor anyone else.
Consequently if Zippy wants to go along the route of talking to solicitors etc he needs to be aware that there is a risk that it will cost hem and he wont get any thing back for his additional costs costs as asked, he may also not get his already incurred costs back, again as he asked. You simply cant back out and expect a full refund as has been suggested, you might get one, but you cant expect it.
The difference in a resturant is that you haven't paid yet and dont have a sizeable deposit at risk.
The simplest solution is I agree to go back to the dealer be firm and polite and say no, or rather "I might say yes, but I reserve the right to say no, so what are you going to do to make me say yes?"
You might be plesantly surprised.
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