Mercedes have screwed up my order - what to do?

mcat · 07-28-2008

I just got a call from Mercedes today to let me know that the sales person I have been dealing with has left and who my new contact is.

Whilst on the phone I asked them when my car will be ready so that I can do my factory pick up.

They told me it is already in the UK sitting waiting for me

WTF

The only reason I ordered a new one was so that I could do the factory pick up in the summer and make a holiday of it. The plan was to drive it back in august and then get it registered for Sept.

They are now denying that there was ever anything on the order signifiying factory pick up. I am pretty sure I have it on my order form (need to check when I get home.)

Pissed off is an understatement.

What are my rights in this situation and what should I do now?

Wimbledon_SLK · 07-28-2008

Quote:

Originally Posted by mcat

I just got a call from Mercedes today to let me know that the sales person I have been dealing with has left and who my new contact is.

Whilst on the phone I asked them when my car will be ready so that I can do my factory pick up.

They told me it is already in the UK sitting waiting for me

WTF

The only reason I ordered a new one was so that I could do the factory pick up in the summer and make a holiday of it. The plan was to drive it back in august and then get it registered for Sept.

They are now denying that there was ever anything on the order signifiying factory pick up. I am pretty sure I have it on my order form (need to check when I get home.)

Pissed off is an understatement.

What are my rights in this situation and what should I do now?

This is awful!
I am really sorry to hear this. I hope that the specifications are at least correct!
If I was you I would ask for some freebies, for example the first and second service!
Is it a London dealer? I would like to stay away from them!
Good luck!

P

**UK-C200** · 07-28-2008

+1! Which dealer were you going through - I'd like to make sure I stay far away as well. I've been dealing with the dealership in Bromley, and so far have had zero complaints.

They are "the" London AMG dealership - highly recommend dropping by and drooling over the nice new toys - I think they only had 3 "non-AMG" vehicles on the lot!

Wimbledon_SLK · 07-28-2008

Quote:

Originally Posted by UK-C200

+1! Which dealer were you going through - I'd like to make sure I stay far away as well. I've been dealing with the dealership in Bromley, and so far have had zero complaints.

They are "the" London AMG dealership - highly recommend dropping by and drooling over the nice new toys - I think they only had 3 "non-AMG" vehicles on the lot!

I got my baby directly from Brooklands. very professional, no complains at all.

P

mcat · 07-28-2008

Quote:

Originally Posted by Wimbledon_SLK

I got my baby directly from Brooklands. very professional, no complains at all.

P

It is Brooklands that have screwed up

**DansSlk** · 07-28-2008

Honestly mate push for some freebies (promise of some nav updates and perhaps a service) and check your order if you have it in B&W then you could probably get MB to honour the holiday part but do you really want to drive your SLK out and back just for the sake of it?

It is a screw-up and they are unacceptable but its not like you have a bulletproof defense since the car itself i take it is correctly built and fitted out.

cyberdrakon · 07-28-2008

I would not accept the car at all. Have you put any deposit down on the car? Can you wait longer for a car?

**KTownAMG** · 07-28-2008

A colleague of mine from work just ordered a new 09 CLK. MB screwed up the interior. I told him to tell MB to keep the car and deliver him the car he order and press for freebies. He'll wait another 5 weeks, but MB is ordering a new car for him and he's gotten a couple of freebies in the deal. Best of luck.

mcat · 07-28-2008

Okay. This is how I see the legal footing.

As far as I am concerned, factory pickup was a key part of the order. In my paperwork I have "factory pickup offered: Yes". During the sales process this was made very clear to the salesman (my wife was present to attest to this). So written or verbal, it forms part of the contract.

Therefore they are in breach of contract under the Sales of Goods Act 1994 which then entitles me to recover unliquidated damages for the part of the contract not performed.

This would be the cost of flying to the factory, accommodation, having the factory tour and the supply of a car to drive back. There is also the loss in value of the car for having an 08 plate instead of a 58 plate as the Sept registration was based upon driving it back in August from Germany. Since this isn't going to happen I need a car in Aug as my current one has to go back.

I few free services or other freebies just isn't going to be enough to properly compensate for the above and I will be looking for a lot, lot more in return.

I phoned up MB UK to complain and they find it hard to believe that this is my car as it has arrived in the UK a bit too quickly (ordered 31st May). Even with factory pick-up i wasn't expecting it until mid Aug and if I elected to have it delivered that would have added another month on to the delivery timescale. Either way, they said they will contact the dealer to find out what is going on and how a mistake like this has happenned.

Dealer just phoned back are denying I asked for factory pick-up. (Not a hope in hell as my wife was witness to what was ordered). They are offering to re-order the car for a pick up in Oct/Nov (not acceptable) or that I take the car as it stands (only acceptable with due compensation)

I can see this one going to court.

**UK-C200** · 07-28-2008

mcat - best of luck in getting the situation resolved! Surely the dealership can produce a copy of your order sheet, which I would hope would makes things clear to them..

**DansSlk** · 07-28-2008

mcat this is not what you want to hear but it is what will happen of that i can assure you (and so can Bill), I'm sure they will be happy to compensate you but your looking at some freebies (a service or two so probably just over a k cost for them in that) and perhaps a payout due to the loss of your factory pickup (but they will argue its a no-cost 'feature') but it won't be big.

You push this for a lot and they will be more than happy to go to court where they will eat you alive, if you ever want to own another Benz i strongly suggest you don't push far, at the end of the day your down a small trip and thats all it is.

Trust me i have seen things that look so clear cut go pear shaped so fast it will make your head spin.

Tslick · 07-28-2008

Quote:

Originally Posted by mcat

.....I phoned up MB UK to complain and they find it hard to believe that this is my car as it has arrived in the UK a bit too quickly (ordered 31st May). ......

Bypass the dealer and let MBUK handle it. In other words, be cool and let MBUK understand your plight (send them copies of the contract) and do the work for you.

**Duo-Art** · 07-28-2008

This is why so many of os in the U.S.A. carry guns. It's the one negotiating item even morons understand.

mcat · 07-28-2008

Quote:

Originally Posted by Tslick

Bypass the dealer and let MBUK handle it. In other words, be cool and let MBUK understand your plight (send them copies of the contract) and do the work for you.

Yes, I think that is the way I will play it. At the end of the day the car is there so it is just the pick up that is missing which is not the end of the world. Is it reason enough to reject the car? Nope, as I still want the car as that is the more important item in all of this so i need to keep that in perspective. Do they have a really pissed of customer? Yep and they should be going out of their way to make me happy again. What I don't want is them trying to wriggle out denying any responsiblity as that just pisses me off more and makes me dig my heels in. All they need to do is accept they got it wrong and do something to get back the customer good will again. I am a reasonable fellow so they just need to talk to me instead of making excuses.

I have no real interest going to court on this but it is worth knowing where I do stand in terms of the Sales of good act as that gives them a starting point to negotiate down from.

**UK-C200** · 07-28-2008

So - was having pints with friends tonight, and one happens to be a solicitor. Keeping in mind he's not a goods specialist, and this was over pints, his comments where :

1] If you have a signed contract with the dealer, you are in pretty good shape for compensation. That said, there were about 15 minutes of caveats that I don't remember all details of, but they boil down to what's in the fine print, evidently.

2] If you don't have a signed contract, he said you are pretty screwed for much other than what the dealer would give you for goodwill.

3] He'd never heard of the European Deliver program - so that diverted the conversation for a good 30 minutes. He was of the opinion that if they charged a fee for it, and waived the fee, they are probably on pretty good legal ground.

4] Said if they had the car ordered to your spec, the 08 vs 58 registration was probably something you'd have a hard time getting compensation for it, particularly if they offered to "make it good" by ordering you another car - which he was not really sure if they would actually have to do, if the warranty on the car started when you received it, and there were no difference between the one you order and the "later" model.

5] His idea of "compensation" was removing whatever fee was associated with ED, with some type of compensation on the order of 1k gbp. I'm pretty sure I told him it was a 35k car -

6] He also suggested that if he really "needed" the car now, but "wanted" to wait to pick it up to get a 58 reg, he'd ask to have a new car ordered, and ask to have a rental supplied for the time between when you "expected" to take delivery, and when you "actually" take delivery.

7] Said - and I quote - "pissing about" with a corporation with deep pockets was usually not something anyone wanted to do, and particularly not if you didn't have a contract in hand.

Again - this was over beers, so take it with a grain of salt. I'd consult a lawyer if I were in your shoes before getting too upset / excited over the deal.

**DansSlk** · 07-28-2008

That sounds about right to me also going on what legal say, they where of the view that work upto a fixed amount would be included since it looks better.

Euro delivery has no fee.

Tslick · 07-28-2008

In the US, EDP is 7% off MSRP. If you pay MSRP, EDP is a good way to go... cost adjusted Vacation.

**alroumi** · 07-28-2008

sorry to hear about this, the factory tour id something i wouldnt miss if its in my head for a long time which is where your at. I hope you get this issue resolved.

**Duo-Art** · 07-28-2008

Since you are in the UK, the number of great driving months before winter aren't too numerous. Better to take delivery and enjoy August and September than to wait for another car with ED in October or November, IMHO.

07-28-2008	#1 (permalink)
mcat Founding Member #3 Join Date: Jun 2006 Location: Switzerland & UK Vehicle: 2006 SLK350 MT LHD & 2009 SLK350 7G RHD Posts: 288 Country: Thanks: 1 Thanked 4 Times in 4 Posts	Mercedes have screwed up my order - what to do? I just got a call from Mercedes today to let me know that the sales person I have been dealing with has left and who my new contact is. Whilst on the phone I asked them when my car will be ready so that I can do my factory pick up. They told me it is already in the UK sitting waiting for me WTF The only reason I ordered a new one was so that I could do the factory pick up in the summer and make a holiday of it. The plan was to drive it back in august and then get it registered for Sept. They are now denying that there was ever anything on the order signifiying factory pick up. I am pretty sure I have it on my order form (need to check when I get home.) Pissed off is an understatement. What are my rights in this situation and what should I do now?

07-28-2008	#6 (permalink)
DansSlk Dude Join Date: Jun 2006 Location: Wales Vehicle: 05 B55S (Brabus 6.1 S) Posts: 6,794 Country: Thanks: 96 Thanked 225 Times in 177 Posts	Honestly mate push for some freebies (promise of some nav updates and perhaps a service) and check your order if you have it in B&W then you could probably get MB to honour the holiday part but do you really want to drive your SLK out and back just for the sake of it? It is a screw-up and they are unacceptable but its not like you have a bulletproof defense since the car itself i take it is correctly built and fitted out. __________________ One thing you will learn with German cars - If it's simple it ain't happening.

07-28-2008	#11 (permalink)
DansSlk Dude Join Date: Jun 2006 Location: Wales Vehicle: 05 B55S (Brabus 6.1 S) Posts: 6,794 Country: Thanks: 96 Thanked 225 Times in 177 Posts	mcat this is not what you want to hear but it is what will happen of that i can assure you (and so can Bill), I'm sure they will be happy to compensate you but your looking at some freebies (a service or two so probably just over a k cost for them in that) and perhaps a payout due to the loss of your factory pickup (but they will argue its a no-cost 'feature') but it won't be big. You push this for a lot and they will be more than happy to go to court where they will eat you alive, if you ever want to own another Benz i strongly suggest you don't push far, at the end of the day your down a small trip and thats all it is. Trust me i have seen things that look so clear cut go pear shaped so fast it will make your head spin. __________________ One thing you will learn with German cars - If it's simple it ain't happening.

07-28-2008	#16 (permalink)
DansSlk Dude Join Date: Jun 2006 Location: Wales Vehicle: 05 B55S (Brabus 6.1 S) Posts: 6,794 Country: Thanks: 96 Thanked 225 Times in 177 Posts	That sounds about right to me also going on what legal say, they where of the view that work upto a fixed amount would be included since it looks better. Euro delivery has no fee. __________________ One thing you will learn with German cars - If it's simple it ain't happening.

07-28-2008	#18 (permalink)
alroumi Moderator Join Date: Jun 2006 Location: Kuwait City, Kuwait Vehicle: 2006 Kleemann Designo Mocha Black SLK55 AMG Other Toys: 2007 Ebony Jaguar XKR Coupe' and 06 Black Cayenne S Posts: 6,288 Country: Thanks: 298 Thanked 232 Times in 146 Posts	sorry to hear about this, the factory tour id something i wouldnt miss if its in my head for a long time which is where your at. I hope you get this issue resolved. __________________ 06 Kleemann Designo Mocha Black SLK55 AMG 06 Porsche Cayenne S 07 Jaguar XKR Coupe' I use the Torque and keep the HP for my Steak Sauce!

07-28-2008	#3 (permalink)
UK-C200 Elite SLK World Member Join Date: May 2008 Location: London, UK & Baton Rouge, Louisiana Vehicle: 04 RHD C200K Coupe, 06 LHD SLK-350 Other Toys: Nacra F18 Posts: 614 Country: Thanks: 41 Thanked 130 Times in 83 Posts	+1! Which dealer were you going through - I'd like to make sure I stay far away as well. I've been dealing with the dealership in Bromley, and so far have had zero complaints. They are "the" London AMG dealership - highly recommend dropping by and drooling over the nice new toys - I think they only had 3 "non-AMG" vehicles on the lot!

07-28-2008	#7 (permalink)
cyberdrakon Elite SLK World Member Join Date: Jun 2006 Location: SoCal, USA Vehicle: SLK55 2006 Other Toys: 560SEC 1990, CLK500 2005 Posts: 1,406 Country: Thanks: 26 Thanked 63 Times in 42 Posts	I would not accept the car at all. Have you put any deposit down on the car? Can you wait longer for a car?

07-28-2008	#8 (permalink)
KTownAMG Senior SLK World Member Join Date: Jan 2008 Location: Germany Vehicle: 09 SLK AMG 55 Posts: 183 Country: Thanks: 14 Thanked 36 Times in 15 Posts	A colleague of mine from work just ordered a new 09 CLK. MB screwed up the interior. I told him to tell MB to keep the car and deliver him the car he order and press for freebies. He'll wait another 5 weeks, but MB is ordering a new car for him and he's gotten a couple of freebies in the deal. Best of luck.

07-28-2008	#9 (permalink)
mcat Founding Member #3 Join Date: Jun 2006 Location: Switzerland & UK Vehicle: 2006 SLK350 MT LHD & 2009 SLK350 7G RHD Posts: 288 Country: Thanks: 1 Thanked 4 Times in 4 Posts	Okay. This is how I see the legal footing. As far as I am concerned, factory pickup was a key part of the order. In my paperwork I have "factory pickup offered: Yes". During the sales process this was made very clear to the salesman (my wife was present to attest to this). So written or verbal, it forms part of the contract. Therefore they are in breach of contract under the Sales of Goods Act 1994 which then entitles me to recover unliquidated damages for the part of the contract not performed. This would be the cost of flying to the factory, accommodation, having the factory tour and the supply of a car to drive back. There is also the loss in value of the car for having an 08 plate instead of a 58 plate as the Sept registration was based upon driving it back in August from Germany. Since this isn't going to happen I need a car in Aug as my current one has to go back. I few free services or other freebies just isn't going to be enough to properly compensate for the above and I will be looking for a lot, lot more in return. I phoned up MB UK to complain and they find it hard to believe that this is my car as it has arrived in the UK a bit too quickly (ordered 31st May). Even with factory pick-up i wasn't expecting it until mid Aug and if I elected to have it delivered that would have added another month on to the delivery timescale. Either way, they said they will contact the dealer to find out what is going on and how a mistake like this has happenned. Dealer just phoned back are denying I asked for factory pick-up. (Not a hope in hell as my wife was witness to what was ordered). They are offering to re-order the car for a pick up in Oct/Nov (not acceptable) or that I take the car as it stands (only acceptable with due compensation) I can see this one going to court.

07-28-2008	#10 (permalink)
UK-C200 Elite SLK World Member Join Date: May 2008 Location: London, UK & Baton Rouge, Louisiana Vehicle: 04 RHD C200K Coupe, 06 LHD SLK-350 Other Toys: Nacra F18 Posts: 614 Country: Thanks: 41 Thanked 130 Times in 83 Posts	mcat - best of luck in getting the situation resolved! Surely the dealership can produce a copy of your order sheet, which I would hope would makes things clear to them..

07-28-2008	#13 (permalink)
Duo-Art Elite SLK World Member Join Date: Jul 2006 Posts: 546 Thanks: 0 Thanked 15 Times in 14 Posts	This is why so many of os in the U.S.A. carry guns. It's the one negotiating item even morons understand.

07-28-2008	#15 (permalink)
UK-C200 Elite SLK World Member Join Date: May 2008 Location: London, UK & Baton Rouge, Louisiana Vehicle: 04 RHD C200K Coupe, 06 LHD SLK-350 Other Toys: Nacra F18 Posts: 614 Country: Thanks: 41 Thanked 130 Times in 83 Posts	So - was having pints with friends tonight, and one happens to be a solicitor. Keeping in mind he's not a goods specialist, and this was over pints, his comments where : 1] If you have a signed contract with the dealer, you are in pretty good shape for compensation. That said, there were about 15 minutes of caveats that I don't remember all details of, but they boil down to what's in the fine print, evidently. 2] If you don't have a signed contract, he said you are pretty screwed for much other than what the dealer would give you for goodwill. 3] He'd never heard of the European Deliver program - so that diverted the conversation for a good 30 minutes. He was of the opinion that if they charged a fee for it, and waived the fee, they are probably on pretty good legal ground. 4] Said if they had the car ordered to your spec, the 08 vs 58 registration was probably something you'd have a hard time getting compensation for it, particularly if they offered to "make it good" by ordering you another car - which he was not really sure if they would actually have to do, if the warranty on the car started when you received it, and there were no difference between the one you order and the "later" model. 5] His idea of "compensation" was removing whatever fee was associated with ED, with some type of compensation on the order of 1k gbp. I'm pretty sure I told him it was a 35k car - 6] He also suggested that if he really "needed" the car now, but "wanted" to wait to pick it up to get a 58 reg, he'd ask to have a new car ordered, and ask to have a rental supplied for the time between when you "expected" to take delivery, and when you "actually" take delivery. 7] Said - and I quote - "pissing about" with a corporation with deep pockets was usually not something anyone wanted to do, and particularly not if you didn't have a contract in hand. Again - this was over beers, so take it with a grain of salt. I'd consult a lawyer if I were in your shoes before getting too upset / excited over the deal.

07-28-2008	#17 (permalink)
Tslick Elite SLK World Member Join Date: Aug 2006 Location: Long Beach, Ca Vehicle: SLK32 AMG Posts: 1,326 Country: Thanks: 75 Thanked 56 Times in 29 Posts	In the US, EDP is 7% off MSRP. If you pay MSRP, EDP is a good way to go... cost adjusted Vacation.

07-28-2008	#19 (permalink)
Duo-Art Elite SLK World Member Join Date: Jul 2006 Posts: 546 Thanks: 0 Thanked 15 Times in 14 Posts	Since you are in the UK, the number of great driving months before winter aren't too numerous. Better to take delivery and enjoy August and September than to wait for another car with ED in October or November, IMHO.

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