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Date Posted: 16:12:29 02/04/02 Mon
Author: MP
Subject: Re: Posting of messages
In reply to: Rich 's message, "Posting of messages" on 15:44:38 02/01/02 Fri

I am unsure wether I have posted my URL or not but if I have then I have done so as a resource for people that need some direction. When matters like this come to the fore it has a disastrous effect on a professional well operated businesses in the same sector, such as my own. Solicitors in these matters quite often need some help themselves. The average Solicitor has no idea about the in and outs of importing a car. Indeed several of our clients are in fact Solicitors.

It is clear to me that you have contributors to this forum who don't have any idea about their rights or the status of their orders. Quite often a friendly voice of experience can help. Their is no commercial value here merely a professional that is prepared to help. If I have insulted your integrity by disclosing my URL I apologise and will contribute anonysmously in future.

As an example a UK Broker is specifically not allowed to order a car in any name other than the name of the enduser. Very often this moot point is overcome by brokers creating a leasing company and ordering as though the leasing company was the end user. In this environment the manufacturer would expect to see a copy of the V5 registration document showing the endusers details.

This all needs to be hammered out with the liquidators by a committee of people witht the relevant knowledge.

It is clear to me that you have contributors to this forum who don't have any idea about their rights or the status of their orders. Quite often a friendly voice of experience can help. Their is no commercial value here merely a professional that is prepared to help.

For all concerned the follwoing text has been cut and pasted from www.automodena.com today, 4th of February 2002. You might wish to show this text to the liquidators. It is quite clear that automodena acted as agents and not principals see item 2.1 in which case you are entitled to the supplying dealers name and address and your deposit is beyond the reach of Automodena.

1. Definitions
Address: the Buyer's address as set out in the Agreement or any other address in the UK, as notified by the Buyer in writing to the Company, for the purposes of registration of the Vehicle. This need not be the same as the delivery address.
Agreement: this agreement is between the Company and the Buyer.
Balance: the balance of the purchase price price for the Vehicle as stated in the Contract.
Buyer: the person who wishes to purchase the Vehicle.
Keeper: person named by the Buyer who may a: sign for delivery of the Vehicle and/or b: be the registered owner of the Vehicle.
Company: the broker the Buyer is using for the purchase of the Vehicle.
Contract: the Contract entered into between the Company and the Buyer and consisting of either a: the Order, any counter offers and a final acceptance of by either party, or b: the Buyer's acceptance of the Company's Contract.
Dealer: the Dealer from whom the Vehicle is to be ordered by the Company.
Delivery Period: the period of time required to complete delivery of the Vehicle, as estimated by the Contract.
Order: the Buyer's order for the Vehicle.
Vehicle: the Vehicle specified in the Contract.
2. Basis of the Relationship
2.1 The Company will source the Vehicle from a European based dealer on behalf of the Buyer.
3. Services
The Company will provide the Buyer with the following Services:
3.1 The Company will prepare an Order for a Right Hand Drive Full UK Specification Vehicle based upon the Buyer's requirements of make, mode, colour and specification/extras. This will be sent in full to the Buyer's for approval.
3.1.1 The Company will also include on the Order the estimated delivery time, the period for which the Order is valid, and a set price in Sterling, includign registration, 12 months tax, the Registration in the UK, payment of VAT to Customs and Excise, and delivery options to the door or personal pick up from the Dealer's country.
3.2 Once the Order has been approved and returned to the Company with the Deposit the Buyer accepts to enter into an Agreement with the Company. The Company will arrange for the Order to be submitted to the Dealer.
3.3 The payment details of the deposit will be communicated by the Company to the Buyer.
3.3.1 The Delivery Period will not commence until the Dealer has received the Deposit.
3.4 The Company will send confirmation to the Buyer of the receipt of the Deposit by the Dealer.
3.5 The Company will liaise with the Dealer to confirm the Delivery Period and keep the Byer informed of any changes to the Delivery Period as they arise.
3.5.1 Neither party shall be liable to the other by reason of any delay in performance, or non-performance of any of it's obligations to the extent that such delay or non-performance due to any force majeure (defined as any circumstances beyond the reasonable control of that party including, without limitation, any strike, lock out, or to other form of industrial action of which it has notified the other party and the time for performance of that obligation shall be extended accordingly.
3.6 The Company will arrange for the Vehicle to be collected from the Dealer and delivered to the UK. The Buyer shall, no later than 10 working days prior to the delivery, arrange for an inter-bank transfer to be made to the account as specified by the Company for the amoutn equal to the Balance. The Company will require confirmation from the Dealer, at least 5 working days before the delivery that the Balance has been received. In no event will the Company be responsible for any delay in delivery of the Vehicle due to the failure by the Buyer to pay the Balance within the terms of the Agreement.
3.7 The Company will prepare the relevant documentation required to complete the registration and payment of duties to Customs and Excise for the Vehicle in the United Kingdom. If further documentation is required by the Company to complete the DVLA and Customs and Excise paperwork, this must be supplied by the Buyer.
3.7.1 The Buyer undertakes to execuite all documents and do all such things as the Company may reasonably consider necessary to ensure that ownership of the Vehicle passes from Dealer to the Buyer.
3.8 During transportation of the Vehicle from the Dealer to the Buyer, the Vehicle will be covered under the Company's. Dealer's or Transport Company's insurance, until such time as the Vehicle is signed for by the Buyer, or a Keeper of the Vehicle who as previously been named by the Buyer.
3.9 Once the Vehicle has been delivered to the Buyer and a signature obtained from either the Buyer or the Keeper of the Vehicle, on a Vehicle Acceptance Form, the Vehicle becomes the absolute property of the Buyer and rescinds any insurance or responsibility for that Vehicle by the Company.
4. Alterations to Written Quote
4.1 Any Alterations to the written quote must be communicated by the Company to the Buyer as soon as the Company is made aware of such alterations.
4.1.1 The cost of the Vehicle will not be subject to currency fluctuations, unless expressly agreed in the written Contract.
4.1.2 The manufacturer at any point may alter the specification - in time altering the cost of the Vehicle which would be passed on by the Company to the Buyer.
4.1.3 The Buyer will be bound to any Terms and Conditions stipulated by the manufacturer of the Vehicle, where supplied by the Company.
5. Breach of Agreement
5.1 Both the Company and the Buyer are bound by the Agreement. If either party is in breach of the Agreement the party not in breach may immediately bring the agreement to an end by notifying the other in writing.
5.1.1 In such cases as the Company is in breach the Buyer will receive a full refund of the Deposit paid to the Company.
5.1.2 In such cases as the Buyer is in breach the Company may retain the deposit in full.
6. Laws and Jurisdiction
6.1 The Agreement between the Company and the Buyer is subject to UK Law exclusively.

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