Timo Posted January 6, 2004 Share Posted January 6, 2004 I took delivery of a new Merc yesterday but noticed quite a significant paint defect on the front wing this morning. Took the car back to the dealer who admits that its a defective paint job and has booked the car in to have the wing resprayed. Given that the car cost £40k and is only a day old am I being unreasonable to think that a one day old car should not need a respray. By the way this isn't a touch up, they will need the car for three days and will lend me a courtesy car. Anyone got any helpful advice. Quote Link to comment Share on other sites More sharing options...
adhawkins Posted January 6, 2004 Share Posted January 6, 2004 I think you'd be within your rights to reject the car on the spot. Andy Quote Link to comment Share on other sites More sharing options...
Timo Posted January 6, 2004 Author Share Posted January 6, 2004 I'm beginning to think that. They couldn't have failed to notice the defect when preparing the car Quote Link to comment Share on other sites More sharing options...
studbuckle Posted January 6, 2004 Share Posted January 6, 2004 without a doubt, reject the car. A respray of a panel will not be as hard a finish as the original and will therefore be suscepable to chips and scratches. It will also be noticed by anyone in the trade as having a re-spray of a panel and this will reduce its resale value. Quote Link to comment Share on other sites More sharing options...
Nick M Posted January 6, 2004 Share Posted January 6, 2004 And put everything in writing immediately !! Copy Merc's head office in the UK and basically kick up a fuss. Did you collect the car in the dark or poor light ? If so then that's good news because it will help prove why you didn't spot the defect before you drove the car away. Quote Link to comment Share on other sites More sharing options...
Timo Posted January 6, 2004 Author Share Posted January 6, 2004 When I was invited to inspect the car I noticed that the handle for the storage compartment under the drivers seat was broken. it was a two minte repair but it took my attention off the rest of the car. No-one is denying that it is a manuafcturing defect and should have been noticed earlier. I'm just not sure I want a respray after one day. Time to kick up a fuss. Quote Link to comment Share on other sites More sharing options...
ACW Posted January 6, 2004 Share Posted January 6, 2004 Kick up a fuss for sure. The paint on a Merc is thin as a thin thing at the best of times. If one part of the car has been missprayed then chances are other areas are short on covering. How long did it take to order ? is it on a lease ? I returned a lease merc atfer 85K miles with stone chips due to thin paint all over the fornat area - screen pillars etc. nothing except normal moroway driving. They tried to sting me for 5K for paint repairs alone, told them to get lost. One of our vans (Sprinter) when into a merc garage for it's free first service and they managed to drop a roller door onto the back of it. One of the many reasons I dont like Merc. Mind you all that said the cars are a lovely drive and great Mway cruisers. Obviously what the press are saying about Germay economy affecting quilaty might have something in it. Quote Link to comment Share on other sites More sharing options...
steppenwolf Posted January 6, 2004 Share Posted January 6, 2004 Don'y accept the car - reject it immediately! Put your rejection in writing ( registered post ) but FAX your letter now as well. I am not good at complaining but I do know what is acceptable and what is not and this is not acceptable - it will tarnish your enjoyment of the car from day one and will effect it's resale value in the future ( a resprayed panel is a resprayed panel regardles of the cause ) as it will never match the original finish. I am not entirely sure what the legal position is now that you have 'accepted delivery' but making a real stink early on is always a good idea. Good luck. Quote Link to comment Share on other sites More sharing options...
felters Posted January 6, 2004 Share Posted January 6, 2004 Tim - if you have it on finance/leasing make sure that they cover those costs as well. If you return the car there will be early settlement charges. Some years ago now but I bought an SL with ABS that kept playing up. The dealer did the right thing in the end. The fact that my brother was the local Trading Standards inspector was of no consequence - obviously. Quote Link to comment Share on other sites More sharing options...
S8ight Posted January 6, 2004 Share Posted January 6, 2004 it is acceptable for a brand new car to have some minor faults on it. depends on what you mean by 'paint defect'. if its seen that Mercedes have been fine about resolving the problem they may not be obliged to take the car back. Quote Link to comment Share on other sites More sharing options...
scooby Posted January 6, 2004 Share Posted January 6, 2004 As a manager of a retail car company i dont think you have got much chance. Mass produced cars (yes merc now fall into that cat) will have the old defect. In this case a lick of paint will sort it and i think thats all you will get. Sorry Quote Link to comment Share on other sites More sharing options...
frubpato? Posted January 6, 2004 Share Posted January 6, 2004 This problem can be difficult. If it is a private sale then the contract is between you and the supplying dealer. You must by law allow them "reasonable" opportunity to rectify the problem - if they cannot to your satisfaction then you can reject,it means rejection in writing and delivering the car and everything else back to the dealer. If it is a lease car then your complaint is with the lease company. For a paint defect on a car this old , no fading should have taken place and you may find that as they will respray the thickness of paint will increase. I would expect the bodyshop to operate the same curing process as the factory - a glorified oven. Keen to find out what happens , as there are a lot of "consumer" champions out there giving dodgy info. Quote Link to comment Share on other sites More sharing options...
Matt Seabrook Posted January 6, 2004 Share Posted January 6, 2004 Trading Standards web sit my be worth a look Quote Link to comment Share on other sites More sharing options...
Stuart Posted January 6, 2004 Share Posted January 6, 2004 Got this from here Seems to suggest that you should be able to reject it. Your legal rights: The Sale and Supply of Goods Act 1994 dictates that the car must be of ‘satisfactory quality’ and that it must be sold ‘as described.’ This sounds ambiguous but for a new car it means that it should be in perfect condition and meet the exact specification described on the order form. If any defects are found, then you legally entitled to reject the car and secure a full refund. There are no hard and fast rules as to when a car has been ‘accepted,’ which means in legal terms that you can no longer reject it. Ian Murray, a legal expert for the AA, explains that a maximum of ‘30 days is used as a general rule of thumb. Rejecting a car after this time span could prove difficult.’ Some extra consumer protection was recently introduced when the European Directive on the Sale of Consumer Goods and Associated Guarantees was implemented on January 1st. Under the old rules, if a fault occurred within the first six months of ownership, the onus was on the customer to prove that it had been there from new. Now, the dealer must prove that it wasn’t. The EU directive also provides some additional rights after the first six months of ownership has passed, although these defects would also normally be covered under the manufacturer’s warranty. Returning or repair? If you’re unhappy with the purchase, the dealer should be the first port of call. And if you intend to reject the car, hand the keys back and write a letter explaining the reasons for your decision and requesting a refund within seven days. This could later be used as evidence – send it by recorded delivery so that you can prove that the dealer received it. If you’re discussing the problem in person, take a friend along to act as an independent witness. The dealer should now refund the money, suggest an exchange or offer to fix the problem. Whether you accept the latter solution is a matter of personal judgement – if you’ve waited six months for the car and the fix is quick and effective, then it might make more sense than waiting six more months for a replacement. But always be aware that any serious repair work might affect the car’s future resale value. If you’ve bought the car on a finance deal, the situation is a little different. The car is legally owned by the finance company and your contract is with them, not the dealer. Explain that you’re not prepared to accept the car and they should intervene on your behalf. What if the dealer refuses to accept the rejection It’s the worst-case scenario – the dealer has refused to accept your rejection of the car and you’re wondering what to do next. Rather than rushing straight to the nearest solicitor’s, it’s well worth speaking directly to the manufacturer. The number of the customer helpline will be found in the handbook. They may be willing to negotiate a solution to the problem. If this tactic fails, try contacting the Society of Motor Manufacturers and Traders. The SMMT has no formal legal power but it is prepared to act as an arbiter in a dispute. A spokesman for the Society says, "We’re the last line of defence before legal action." The Retail Motor Industry Federation (of which the dealer is likely to be a member) also offers a similar service. The final solution, if all else fails, is to take legal advice. Both the RAC and the AA offer legal helplines for their members - a useful source of advice. Your motor insurer may have a similar service. But you will still need to approach a solicitor to act on your behalf if the matter goes to court. It can be an expensive process, but your costs will be covered if you’re successful and there may even be some compensation for your trouble. Quote Link to comment Share on other sites More sharing options...
Timo Posted January 7, 2004 Author Share Posted January 7, 2004 update got the stroppy head on this morning and went back to the dealer. head of service department, sales manager and body shop guy all admit the defect is below the lacquer finish and should not have left the factory with the defect. body shop guy says he can do an invisible repair and all parties have agreed that he will repair the defect and if it is noticeable or i am dissatisfied a case will be made to merc benz to replace the car. and they are putting it in writing. couldn't be fairer than than then Quote Link to comment Share on other sites More sharing options...
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