After reading the opinions and remarks concerning one of my original posts, which you’ll find at the bottom of this communication, I have come to the following conclusion based upon the contract that I had with the dealer “seller “of my CSX 8000 car.
The contract that I had with a Shelby American authorized dealer specified the following:
Sales Agreement
Between Name of Dealer
And
Purchaser My Name
In consideration of the covenants and agreements contained in this sales agreement, the parties to this agreement agree as follows:
Sales of Goods
The seller will sell, transfer and deliver to the purchaser on before___________________ the following goods (“goods”):
CSX xxxx Shelby Cobra chassis unit with fiberglass body and component roller, Engine for CSX xxxx, 1965 289 Hi Pro motor, Runner kit for CSX car xxxx and all labor to assemble parts, install engine, transmission and drive train, and deliver "turnkey” vehicle to purchaser’s specification.
Purchase Price
The purchaser will pay the sum of______________________ for goods and payable as follows.
Warrantees
8. The seller warrants that the goods will be fit for the purchase such goods are originally intended.
All payments were made, except to for the roller, to the dealer “seller”.
Given what I have read here it is required by Federal law and DOT regulations that there be a clear separation between the manufacturer of the roller, dealer, and installer.
If that is the case, then it would seem to me that the dealer “seller” is in violation of such federal regulation because he clearly was the dealer and installer that contracted to provide a turnkey product to me.
It would seem that he may also be an agent and/or representative of the manufacturer who if true would put them as well in violation of the law.
If I have my facts correct it might provide me a little additional leverage in having my Shelby Cobra put in proper working condition.
Below you will find my original post. Thanks for all the advice and suggestions that everyone has made.
I really appreciate it. For your information, I have submitted numerous invoices, to the dealer, that represent the cost associated with making the current repairs to the automobile but as of yet have not received any response. I plan on also submitting the same invoices to the manufacturer of the roller since I believe they contractually are all working together
__________________________________________________ ________________
Quote:
Originally Posted by MRGEORGE077
An excellent question and yes one would expect that if you bought a new Cobra from a dealer you would have fewer problems. The following are issues that I faced upon delivery, from an authorized Shelby dealer, after a very long wait on baby for a CSX car.
Upon arrival, the following issues existed.
1. Speedometer was registering 20 miles off because of wrong gear in transmission.
2. Tachometer wasn’t working because dip switches had not been properly set.
3. Carburetors were blowing raw fuel on to the engine, floats were set to high.
4. Brakes were only working at around 50% had to flush and adjust.
5. Left wheel bearing had to be adjusted.
6. Radiator expansion tank was leaking antifreeze into the engine compartment, had to be replaced.
7. All four wheels were out of alignment and had to be realigned.
After 200 miles, I experience the following additional issues.
1.T-bar reverse lockout on the shifter broke.
2.Remote starter solenoid failed and had to be replaced.
3.Exhaust system improperly installed and was generating excess heat in the cockpit area; muffler after 100 miles was beginning to burn the drivers and passenger side foot pan out. Exhaust system re-engineered and interior as well as exterior heat reflected material installed.
After 300 miles, the following additional issues came up.
1. Transmission will not shift into third or fourth gear; this issue will have to be addressed when we receive the car back from the upholstery shop.
2. Parking Brake does not fully disengage rear wheels this issue will have to be addressed when receive the car back from the upholstery shop.
Other than that it’s a great automobile that I look forward to, after fully shorting out, one day, enjoying the car. |
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