Delivery date downer

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Will Nightingale
02 May 2008

Delivery date downer

**Q: Recently, I bought a new Ford Focus. We agreed a date to collect the new car, but later the Ford dealer explained that a fault had been found and the car needed a new ECU relay, which had been ordered.

Since then, we have been told the part is not available because the car is new. The dealership has been excellent in keeping us informed, but they have no idea when a part will be sent.

I have been told it is not possible to take the part from another new car in stock as the part is programmed to each car.

Are we within our rights to request another new car, as we have been waiting almost four weeks?**

A: You should check the terms of your contract with the dealer carefully.

You may be able to claim that the delivery date is such an important term of the contract that it entitles you to cancel the order and claim a replacement car.

If the contract doesn't cover the delivery date and/or that date's significance, you could also argue that your contract implies that the car would be delivered on time or within a reasonable time, and that four weeks is an unreasonable period of time to wait.