Hypothetical question?

[WayneSchalk]

Help me out please

If I go and look at a boat (for the purpose of this example) at a dealership. They are built on order, I like it and submit my order subject to finance.

Finance is approved as the dealership is registered as a vendor/dealer of this particular bank.

So I sign a job card for my order and work begins. So at this stage there is nothing to do but wait.

A week or so later I get an email (within the estimated time period for fabrication) that the boat is ready, transport is offered at a per-negotiated amount as the factory and my location is in different provinces. I confirm that the boat will be loaded on a carrier and not towed and that the courier company will be liable for the goods up to such time where I sign the delivery note, (note; at this stage the contract is in place). So all is going along smoothly and I pay the courier fees.

But now things start to change.

1. I get an email straight after I send the POP for the courier informing me that the boat will be delivered 50km away from my specified address. And it will be towed not loaded on a carrier.

2. I get a call from the dealer stating that I can go to view the boat at this location and sign the delivery note. But I cannot take delivery until the bank has transferred the money into their account.

So here is my problems with the two points above,

1. The agreed amount for courier fees was for a different service (I can only imagine it will cost more to load it on a carrier than to tow it) and it was for the specified address.

2. I am liable for the goods as soon as I sign the delivery note and therefore do not accept that it will be stored at an unknown location out of my control until the dealer is happy to hand it over. Besides no insurance will cover that.

Now my question to you is; A) am I within my rights to cancel this deal should the dealer not comply, B) will the dealer have any recourse, and keep in mind I did not sign a OTP, and he refuses to comply with the standard operating procedures of the banks.

[Mud Dog]

If the terms negotiated in the contract specify your home address, then that is where delivery and acceptance of the goods must take place, without any additional costs.


May I ask why you didn't want it towed? To my mind, if it was properly secured on a suitable boat trailer, then there should be no damage from towing. If they come to the party and deliver to your address as specified, it's a bit late to fight over the method of transport and I would accept subject to a full inspection for any possible damage. Perhaps you may be entitled to a small refund IRO the cost difference between towing and a carrier, but how much are we talking about here? Is it worth going into battle for?

[WayneSchalk]

If the terms negotiated in the contract specify your home address, then that is where delivery and acceptance of the goods must take place, without any additional costs.


May I ask why you didn't want it towed? To my mind, if it was properly secured on a suitable boat trailer, then there should be no damage from towing. If they come to the party and deliver to your address as specified, it's a bit late to fight over the method of transport and I would accept subject to a full inspection for any possible damage. Perhaps you may be entitled to a small refund IRO the cost difference between towing and a carrier, but how much are we talking about here? Is it worth going into battle for?

I hear you Andy, but there is 1000km to be covered. And the fact is there is a real risk of damage ie. stone chip. That is the reason I specifically asked for a carrier service.

Beyond that, the fact that he does not want to hand over the goods as soon as the delivery note is signed is the BIG issue here. Who knows how long it takes the bank to transfer the funds as soon as the delivery note is signed? Besides that there is no way I can stop the deal from paying as soon as all the documents is submitted. From the banks side everything is in place, all that is outstanding is the delivery note.

I can not accept liability for it if it is out of my control. How do I know where and how it will be stored? I'm someones yard? Under shade or not?

[Mud Dog]

Maybe get the bank to issue a guarantee that payment will be made if the goods are accepted in good order.

[CasKru]

AFAIK even if you take delivery (or sign delivery), the CPA allows you to reverse the deal within a specified period of time (not sure how long) if you are not entirely happy with your purchase

[Haboob]

Cassie,
Take your concerns to the financier(Bank) and have them negotiate on your behalf. They will know your/their rights IRO payment and the boat builder will see that they will get their money, as they will be dealing directly with the Bank/financier...

[Aquanaut]

As long as the bank is financing the boat, the boat, in fact, remains their property until they have received the final payment. I would, as Edge has stated above, go to them and make it their problem. They will soon sort out the boat builder.

[ChrisF]

mode of delivery - loaded or towed - was this clarified in writing ??


You paid for a specific service - delivery to your door.




as for the payment - speak to the bank about your options. POSSIBLY - Specifiy delivery for a week day before 12:00. inspect, get bank to do transfer immediately, and goods released then and there ....

[pietpetoors]

If you gave your own address as delivery address I will tell the dealer that he must give you and the bank the assurance that the insurance will be in place until it was delivered to the address you stated and not the address they want to deliver it to.

The bank wants the business so me to will call the bank and explain the issue with signing the delivery note with them and tell them if they cannot sort this out you would like to cancel the deal.

[MOFASA]

New consumer act states you have SIX MONTHS to return ANY goods that you are not happy with...
So if it is stored somewhere else and it gets damaged then just tell the boat builder you not happy and want it replaced or your money back (bank deal cancelled) I did it with a vehicle i purchased and was not happy with it.

[WayneSchalk]

mode of delivery - loaded or towed - was this clarified in writing ??


You paid for a specific service - delivery to your door.




as for the payment - speak to the bank about your options. POSSIBLY - Specifiy delivery for a week day before 12:00. inspect, get bank to do transfer immediately, and goods released then and there ....

Yes, I have the conversation recorded where the sales person states it will be loaded and not towed. And on writing.

[Thabogrobler]

He with the gold rules.

Here your signature is the gold. It's a 'My way or the highway' situation.

Wat is die duurste, die boot of courier? Laat die verkoper maar sy besluit om geld op die courier te bespaar opweeg teen die verlis van 'n transaksie.