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Discussion Starter · #1 ·
Hi everyone,

Not sure whether I've been treated unfairly, but here is the story...

We placed the order of our Q5 end of June, back then we told the dealer that we are gonna scrap our current car which the MOT and insurance would expire by the end of September. The dealer told us the car normally takes 3 months to build and deliver. So we think that's great, our Q5 is gonna arrive in time before eveything runs out for our current car.

The dealer kept us informed every week, but he could never give us an exact date of delivery, further more at the begining of September, he told us that the car wont arrive until the end of Oct the earliest!!! Which left us stranded at the moment as we dont have a car to use!!! It wouldnt make sense for us to pay for MOT and Insurance if we are just gonna use it for a few weeks... plus our current car probably wont pass the MOT anyway unless we pay loads to fix it! (Yup, it's that old!!!)

Then we asked whether he can provide us with a courtesy car for a the mean time, to be honest we dont care what we drive at the moment, we just want our mobility back! But he said he didnt have any car to lend us and would probably charge us for that!

I just want to know...
1) Is the dealer in the wrong for the delay of the delivery? (As it's nearly 4 months now!!!)
2) Are they oblige to provide us with a courtesy car?
3) Is it normal for them to tell us that they dont have an exact date of delivery (Which i find ridiculous as a large car manufacturer, i cannot imagine how difficult it is to come up with a date for delivery?)

Thanks for your opinions in advance


Jacky
 

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Hi Jacky Sorry to hear about your situation but I think I am right in saying it's only when the dealer has given you a firm delivery date and the car has not arrived at the dealers by that date they are obliged to supply you with a courtesy car, may be thats why you have not been given that date.
I don't think the dealers are to fault it's more the factory as they seem to be able to bring forward and delay cars as and when they like, I'm sure it will be worth waiting for although a bit frustrating.

Still waiting for mine and have only been told it's at the port awaiting shipment and like you have been given an approximate delivery date.
Bill
 
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Discussion Starter · #3 ·
Hi Jackkirby,

Sorry to hear about your problems. Unfortunately, the problem is not a "black and White" solution.

As background:

1. Your contract is with the garage selling you the car. They no doubt have words in their contract with you stating "they are not liable to you for any delay in delivery caused by the manufacturer nor for any damage or loss caused thereby including consequential loss".

2. The garage has a contract with Audi. Unfortunately, contracts are individual items, and dependent on the size of the garage chain they will have more (or less) muscle in getting Audi to change parts of their "standard" contract. By Audi's current "marketing they will have written or amended Audi centre Network contracts to include the terms of their "Service by Design" statements. These statements will include obligations that the garage has to you under "New Car Delivery". I quote from Audi's Service By design document' "Once we have confirmed a delivery date with you, we will keep you informed of progress. In the unlikely event of a delay, we will provide you with a courtesy car to minimise inconvenience and keep you mobile".

Your case;

1. You have probably signed a standard contract with the garage for the supply of the Q5. You did not negotiate any changes to the terms and conditions before signing. (This is a fact that most customers ignore. As well as price, contracts are also negotiable).

2. If you have never been given an exact delivery date then it is impossible to calculate when any liability on the garages part would commence. However, any statement made to you by a salesman whether verbally or in writing can form part of your contract.

My advice to you is avoid threatening legal action, as it could take a very long time, cost you money and inconvenience, and the outcome is not certain.

Therefore, approach the salesman and show him that you understand their position as being in the middle but you do feel that the timescales are going well beyond what is reasonable. Try not to get emotional as it serves only to make the parties entrench their position and a compromise becomes more difficult. Be specific about what you require to make you a happy customer. Words like "I really do have a problem being without a car. Surely you must have a car you have traded or a demonstrator I can borrow". Remember that the garage is a business as well and agree to give them any documentation required for them to go back to Audi. Any good Commercial Director will be looking at his contract with Audi and will be looking for compensation from them. Just as when you are buying the car, remember there is a chain of command. If you do not get satisfaction from the salesman, speak to the Sales Manager and after him the Sales Director, Commercial Director etc. Do not try to skip the chain of command. Managers by definition will always back their staff, except in acts of fraud etc.

If you are still unable to resolve your conflict with the garage then I would recommend using the Audi 'Formal Complaints Procedure'. Audi prides itself in looking after it's customers and whilst this will not get you your car any quicker it will probably result in a courtesy car or financial compensation.

Sorry it is so long winded, but hope it helps to get you the results you expect.
 

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Hi Jacky,

Sorry to hear about your delay. Just for your info, I placed my order on the 14th of June for a Q5 3.0TDi SE. We were told that the build date should be week 37 and sure enough, the car was listed as built at the end of that week. Then 19th September we were told the car was awaiting shipment.
I've seen our car in the dealer compound (this weekend past) but i'm waiting for the DVLA to sort out my reg transfer. But, time wise, Audi delivered the car as promised on the dates they quoted.
Maybe the delay was more to do with your dealership than Audi ???

Hope you get things sorted soon.

Regards,

Mike.
 
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Discussion Starter · #5 ·
Hey guys,

thanks for all your reply! Much appreciated!

I think my dealer is playing it very well by the look of it, as he's never given me an exact date of delivery. All he said when we sign the contract was "Approximately 3 Months".

The last conversation we had was that he could't tell me a delivery date until it arrives at their garage, but it will be "close to end of October", which i think is just ridiculous. So how long have I got to wait?! Seriously i wouldnt mind if i have a car to drive at the moment.

j2910, if i had you as my advisor when i signed the contract, i wouldnt end up in this situation! LOL! What you've told me is really useful, but I've already done what you suggested, which in his responce... "I dont have any car to lent you, even if i have i will have to charge you, and it applies to all customers" So what is a "courtesy car" then if customers have to pay for it!?

So I dont know what the salesman said to me "Approximately 3 Months" and "close to end of October" does form part of my contract or not? And it's approaching 4 months towards the end of October, and he changed what he verbally committed in the first place. Seems like I've done everything i could at this stage and all i can do is wait??

Jacky
 
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Discussion Starter · #6 ·
Hi Jackkirby,

I would definitely go through the formal Audi complaints procedure. At this stage you have nothing to lose and having been in both the manufacturers shoes and that of an agent or distributor, you will stand a good chance of getting some form of compensation.
 
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