Buying new
Thread Starter
Buying new
What are chaps experiences about buying new? I am thinking about buying a new Breezer, but their contract is puting me off;
Salient points.
20% deposit on order
Further 30% at 4 weeks to delivery
Balance when ready.
All payments in Euros, so fluctuating exchange rate will be a factor. (+ charges on exchange)
Manufacturer can be 12 weeks late on delivery without penalty
Warranty only 6 months (despite EU rule 2 years)
Engine problems, refer to engine manufacturer.
Forget Sale of Goods Act as order is direct with European manufacturer.
Why can't the contract be like buying a European car?
Salient points.
20% deposit on order
Further 30% at 4 weeks to delivery
Balance when ready.
All payments in Euros, so fluctuating exchange rate will be a factor. (+ charges on exchange)
Manufacturer can be 12 weeks late on delivery without penalty
Warranty only 6 months (despite EU rule 2 years)
Engine problems, refer to engine manufacturer.
Forget Sale of Goods Act as order is direct with European manufacturer.
Why can't the contract be like buying a European car?
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The reason the contract is written that way is because all of the things that you want cost money.
I'm not saying that any of these things are "right" or satisfactory for the customer, but that is the way it is. If you find the terms unacceptable your only options are either to renegotiate them or go elswhere.
Would you rather have your contract direct with the manufacturer, or with a UK agent who may have no assets and could spend all your money on running their business rather than passing it on to the factory?
- Exchange rate hedge? Costs money. If you want it you could either buy the currency ahead of time or buy your own hedge. If the manufacturer does it then you will have to pay for it.
- 2 year warranty? Costs money
- Engine warranty? If the engine goes pop would you rather send the engine back to the manufacturer in Eastern Europe for them to send on to Rotax, or deal direct with the Rotax agent in the UK? (That said, my personal experience with Rotax is that their goodwill on engines which go bad even days out of warranty is zero, and they can get away with it because they are a monopoly supplier)
I'm not saying that any of these things are "right" or satisfactory for the customer, but that is the way it is. If you find the terms unacceptable your only options are either to renegotiate them or go elswhere.
Would you rather have your contract direct with the manufacturer, or with a UK agent who may have no assets and could spend all your money on running their business rather than passing it on to the factory?
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Buying a new aircraft - you will need to be brave!
The biggest risk: putting money up front and the company going bust. No idea what the laws are in foreign countries and what rights creditors have - and how one would enforce them. So a lot of cash hanging out there for quite a while.
Delays: don't worry about 12 weeks late without penalty. It would take you more than 12 weeks to go to court abroad to try and force any contract!
Engine: we have had a new 912 sent from the aircraft manufacturer in Germany. Small oil leak. Skydrive - the UK agent - said: speak to the people in Germany who sold it to you, they are the ones who got the profit from selling it and so should give you the service. Totally against EU law and good customer service. Anyway, a few months later the hangar went on fire and it was all an insurance write-off..... so never got to the bottom of the oil weep of my EU rights.
Warranty: well, six months is OK, should have found problems by then - and if there are major design problems, others will have found them out by now. Do your research. Beware, if someone finds a major problem, company may not be able to survive the warranty claims, however long a period they stated. (see history of Scottish wind turbine Proven for an example!)
My thoughts. Glad people do buy new, it makes buying second-hand easier for me!
The biggest risk: putting money up front and the company going bust. No idea what the laws are in foreign countries and what rights creditors have - and how one would enforce them. So a lot of cash hanging out there for quite a while.
Delays: don't worry about 12 weeks late without penalty. It would take you more than 12 weeks to go to court abroad to try and force any contract!
Engine: we have had a new 912 sent from the aircraft manufacturer in Germany. Small oil leak. Skydrive - the UK agent - said: speak to the people in Germany who sold it to you, they are the ones who got the profit from selling it and so should give you the service. Totally against EU law and good customer service. Anyway, a few months later the hangar went on fire and it was all an insurance write-off..... so never got to the bottom of the oil weep of my EU rights.
Warranty: well, six months is OK, should have found problems by then - and if there are major design problems, others will have found them out by now. Do your research. Beware, if someone finds a major problem, company may not be able to survive the warranty claims, however long a period they stated. (see history of Scottish wind turbine Proven for an example!)
My thoughts. Glad people do buy new, it makes buying second-hand easier for me!
Thread Starter
I take all the points. If I don't like a contract which appears to go against EU law, then I don't have to sign. If they don't want to sell without me signing that particular contract, then that is up to them. Of course, a contract written by a seller is always in their favour.
Mind you, the comment about 'would you rather buy from the manufacturer rather than a UK distributor' is a valid one, unless that manufacturer is outside the UK. Then your UK rights under the UK Sale of Goods Act are null & void. I once rejected a foreign car under the Sale of Goods Act and won. Got all my money back, because the seller was UK based. That would not happen if I bought a Breezer from Germany and found it 'Unsuitable for purpose'.
So if I am not a risk taker perhaps I had better look for secondhand. Pity no Breezers available as it is rather a good aeroplane.
However, the problem with secondhand is that you don't always get exactly what you want. This is more so with an aeroplane as the avaionic fit is very personal.
Mind you, the comment about 'would you rather buy from the manufacturer rather than a UK distributor' is a valid one, unless that manufacturer is outside the UK. Then your UK rights under the UK Sale of Goods Act are null & void. I once rejected a foreign car under the Sale of Goods Act and won. Got all my money back, because the seller was UK based. That would not happen if I bought a Breezer from Germany and found it 'Unsuitable for purpose'.
So if I am not a risk taker perhaps I had better look for secondhand. Pity no Breezers available as it is rather a good aeroplane.
However, the problem with secondhand is that you don't always get exactly what you want. This is more so with an aeroplane as the avaionic fit is very personal.
Last edited by sharpend; 4th Nov 2012 at 10:24.