Anyone ever changed their mind after ordering a new truck? I don't mean the color or the equipment on it, I mean the deal. Have you ever cancelled an order or contract? Worse yet, have you or some other department ever returned a new truck or refused delivery? Our search on this forum pretty much talks only about Philadelphia, Pa. Anybody else done this? Let us know if there is any tricks to it. Our village is rethinking our order and town council would like some direction from us. Thanks in advance. Rob
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Thread: Second Thoughts
09-19-2005, 03:06 PM #1
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- Sep 2005
09-19-2005, 04:55 PM #2
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Last edited by Firefighter807; 07-08-2009 at 06:49 PM.
09-19-2005, 05:43 PM #3
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- Apr 2005
- Las Vegas,Nevada
Much depends on what you had written into what we call the "boiler plate " of the contract. This is the preliminary part of the contract that spells out the conditions, fines, warranty, etc. We have refused delivery contingent on things that were not right being repaired or replaced. On one delivery that required the manufacturer to replace the existing rear axles with ones that met the load requirements. Our county counterparts have refused delivery and payment in the past.
09-20-2005, 08:57 AM #4
1) I am NOT an attorney
2) I DID NOT sleep at a Holiday Inn Express Last Night
3) Any free legal advice - regardless of it's source - is worth exactly what you paid for it.
4) Your Chief & Town Council need to discuss this with your town attorney.
That being said . . .
Your contract to purchase this vehicle is just that - A contract. Failure to follow through with it when no just cause exist is most likely breech of contract. Whether the builder would wish to pursue legal action is entirely up to them.
At this point if you are simply having "Buyers Remorse" issues (not sure of the builder now, not sure you really needed the truck, could have gotten it cheaper somewhere else, etc.) then your best bet would be to discuss this directly with the builder and see if they are willing to let you out of the contract. The sooner you do this the better because less effort & monies will have been expended by the builder. Be prepared to pay something for R&D work already performed.
On the other hand - if you already see that you have cause (wrong chassis, wrong weight rating, wrong color, what ever) then the builder is in violation of the terms of the contract and it will then depend on the conditions set forth in your contract as to how you may proceed (you may have to allow the builder a chance to correct the problem to your satisfaction prior to terminating the contract).
Bottom line - talk to your local legal person(s) and the builder in question because you are the only ones who will get this resolved - not us.
Best of luck to you. Please come back and let us know how this turns out.Take Care - Stay Safe - God Bless
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