QQ tekna with no panoramic

Reviews / Comments about the 2014 QashQai
Dionysus
Posts: 197
Joined: Fri Jun 27, 2014 7:11 am

Post by Dionysus »

Eziv, unfortunately in law an email means nothing. it is simply a piece of correspondence that is not binding. The agreement that is signed is the one that matters. The fact that the dealer sent an email saying it would have a panoramic roof is not legally binding on Nissan. The actual order is. That is why if you ever buy or sell currency your bank will always insist that the email they send you MUST be returned signed, because that is the only binding factor, your signature.It looks that was has happened here is that the dealer, 'the agent' has over stepped the mark and in pursuit of customer relations they are offering a sweetener to Bovine for saying something they should have not have done, as they had no authority to bind Nissan to an agreement that Nissan did not agree to. If it came to the wire Nissan would simply state that they have provided the model that was ordered on the order form and the model manufactured at the due date, i.e. the proposed delivery date, is the model they have delivered and that is covered by their clause 'specification subject to change without prior notification'.
1.6 DCI CVT Xtronic, Ink Blue, Front city bar, Rear city bar, Front bumper streamer, Side steps, Wind deflectors, Rear boot lid sill protector, Polished door sill protectors, Mudflaps, Sharks fin

Eziv2730
Posts: 121
Joined: Thu Aug 28, 2014 8:21 pm

Post by Eziv2730 »

[quote="Dionysus"]Eziv, unfortunately in law an email means nothing. it is simply a piece of correspondence that is not binding. The agreement that is signed is the one that matters. The fact that the dealer sent an email saying it would have a panoramic roof is not legally binding on Nissan. The actual order is. That is why if you ever buy or sell currency your bank will always insist that the email they send you MUST be returned signed, because that is the only binding factor, your signature.It looks that was has happened here is that the dealer, 'the agent' has over stepped the mark and in pursuit of customer relations they are offering a sweetener to Bovine for saying something they should have not have done, as they had no authority to bind Nissan to an agreement that Nissan did not agree to. If it came to the wire Nissan would simply state that they have provided the model that was ordered on the order form and the model manufactured at the due date, i.e. the proposed delivery date, is the model they have delivered and that is covered by their clause 'specification subject to change without prior notification'.[/QUOTE]
I get what you are saying. Basically, you are right in a sense that if the car was already ordered at the time when Tekna didn't include the glass roof and the dealer said it would, then it's the dealer's fault. But even if so you can still blame the dealer. Only because something isn't legally binding as such, doesn't mean you have no rights.
White J11 Qashqai Tekna 1.6 CVT
Dionysus
Posts: 197
Joined: Fri Jun 27, 2014 7:11 am

Post by Dionysus »

You are of course right, you can blame the dealer and their may be some compensation due from the dealer. Looking at what is going on. the dealer knows this and is offering what may be deemed as a 'fair' compensation package if it went to court. The fall back point is that, in my opinion, where people have said refuse the car etc; he cannot legally do so. The car delivered is what is on the order form. My guess is what Bovine ordered was a Tekna and now it is called a N-Tec, or something, but because of the clause Nissan can do this and that allows them to walk away from anything like this. What we now have is what a judge would deem as 'fair' compensation to Bovine for 'the agent' stating something he/they had no right to state in the first place and in my opinion, and it is only my opinion here, they have reached that point.
1.6 DCI CVT Xtronic, Ink Blue, Front city bar, Rear city bar, Front bumper streamer, Side steps, Wind deflectors, Rear boot lid sill protector, Polished door sill protectors, Mudflaps, Sharks fin
MadCar
Posts: 12
Joined: Thu Nov 06, 2014 10:30 pm

Post by MadCar »

I think the point is being missed and I think you need to review your order and what you want to do. You ordered a car at a time when the car came with a panoramic roof a Tekna. It seems if you order a Tekna today without Panoramic the actually call it a Tekna Non-Panoramic in essence a different model in the same way they have Ntec and Ntec+. Note that the Tekna with Panoramic seems to still be called the Tekna nothing else. So if you have order a Tekna and it doesn't say Non panoramic that I suspect you should still have the roof. Your contract is with the dealer for the order not Nissan and all communication should really be with them as if you ended up going legal it is them that would go to court. However I'm not clear what you want, is it the original car you ordered in which case stop looking at the offers and reject the car plain and simple nothing more, nothing less. If you want to keep the car without the roof then carry on negotiating anything else is blurring what you really want from this.
Donkey
Posts: 1791
Joined: Sat Mar 15, 2014 2:43 pm

Post by Donkey »

Bang on Madcar never get refered to Nissan everYou have no contract with Nissan and you will be wore down going nowhereIf the dealer blames Nissan then say to dealer well thats your problem not mine my contract is with you same as if he asks you nothing he can do again just ask how this is your problem?Dealers are not middle man stuck in middle, its there trade its what they do and how they earn there money let dealer sort it out
conno
Posts: 79
Joined: Sun Mar 23, 2014 10:07 am

Post by conno »

I would have just rejected the car if it was not the spec you ordered!
rm0rgan
Posts: 287
Joined: Mon Oct 06, 2014 4:33 pm

Post by rm0rgan »

[quote="Dionysus"]Eziv, unfortunately in law an email means nothing. it is simply a piece of correspondence that is not binding. The agreement that is signed is the one that matters. The fact that the dealer sent an email saying it would have a panoramic roof is not legally binding on Nissan. The actual order is. That is why if you ever buy or sell currency your bank will always insist that the email they send you MUST be returned signed, because that is the only binding factor, your signature.It looks that was has happened here is that the dealer, 'the agent' has over stepped the mark and in pursuit of customer relations they are offering a sweetener to Bovine for saying something they should have not have done, as they had no authority to bind Nissan to an agreement that Nissan did not agree to. If it came to the wire Nissan would simply state that they have provided the model that was ordered on the order form and the model manufactured at the due date, i.e. the proposed delivery date, is the model they have delivered and that is covered by their clause 'specification subject to change without prior notification'.[/QUOTE]
Not strictly true - a contract can be binding even if via email or verbal. The fact you have something in writing from the dealership that relates to an order and mentions the inclusion of a Pano roof will be enough to negotiate from.It's stressful and never guaranteed however you will win as it invariably comes down to a judge who weighs up all the facts and he could be daft!Good luck - snow wheels/tyres and service plan are much more expensive than a Pano roof and the wheels/tyres will have more residual value than the roof when it comes to resale time
DEL73
Posts: 165
Joined: Thu Apr 03, 2014 6:48 pm

Post by DEL73 »

My new 1.6 CVT Tekna QQ has arrived at the Dealers (after a long 9 month wait) and it has the Panoramic roof so I will not need to take my tin opener to it.
Ordered QQ 1.6 Tekna CVT in gun metal
supergrover
Posts: 396
Joined: Sun May 04, 2014 5:23 pm

Post by supergrover »

Congrats Del73, one of the longest waits on the forum I do believe?! The question is now, are you still going to follow the delivery delays thread, or unsubscribe from it? Lol
1.5dci Acenta Black with Smart Vision and DIY Chrome Pack
DEL73
Posts: 165
Joined: Thu Apr 03, 2014 6:48 pm

Post by DEL73 »

I think I may need to share the waiting pain of others for a while and sympathise! give people hope I am hoping not to be on the CVT issue thread now.....or any of the problem threads in fact.
Ordered QQ 1.6 Tekna CVT in gun metal
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