Re: Thanks MP, this is very interesting and helpful. As you will see from comments elsewhere on this site, the liquidators, whilst apparently acknowledging that Automodena "purported" to act as our agents, claim the company then acted as principal vis-a-vis the dealers (as far as I can work out their legal advice on this point is based solely on the fact that payment came from AutoModena - they don't seem to have any contract/order details that would bear this out). Please can you answer the following: -- The Liquidation Of Automodena Ltd.

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Date Posted: 16:23:49 02/05/02 Tue
Author: MP
Subject: Re: Thanks MP, this is very interesting and helpful. As you will see from comments elsewhere on this site, the liquidators, whilst apparently acknowledging that Automodena "purported" to act as our agents, claim the company then acted as principal vis-a-vis the dealers (as far as I can work out their legal advice on this point is based solely on the fact that payment came from AutoModena - they don't seem to have any contract/order details that would bear this out). Please can you answer the following:
In reply to: MP 's message, "Re: Thanks MP, this is very interesting and helpful. As you will see from comments elsewhere on this site, the liquidators, whilst apparently acknowledging that Automodena "purported" to act as our agents, claim the company then acted as principal vis-a-vis the dealers (as far as I can work out their legal advice on this point is based solely on the fact that payment came from AutoModena - they don't seem to have any contract/order details that would bear this out). Please can you answer the following:" on 15:38:48 02/05/02 Tue

Sorry about the dis-jointed delivery of information, but, to add substance to my previous:
quote from EU Commission directive on parallel imports

"The consumer is free to sell the motor vehicle at any time provided he is not a disguised independnet reseller [article6(1)(7), Article 10(12)]. The manufacturer importer or other undertaking within the distribution network may not imposean obligation on the final consumer to sell the vehicle only after a certain period of time and/or after a certain mileage reading."

This basically reinforces the fundamental that the manufacturers instruct their dealers not to take orders from anyone that may appear to be a re-seller.

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