Auto Windscreens. Grrrrr.

[frank rabbets]

You paid them to replace the screen and they have not. OK it's early days but there comes a point when they are in breach of contract. It's a grey area but there it is implied that they must replace the screen within a reasonable period, a week to me. If your contract says they will replace within 6 months that would be an unreasonable term which they could not enforce. ( unfair terms of contract Act).

 

[frank rabbets]

P.S. They've insured YOUR loss Chris not the cost to them. If your only alternative costs you £500 they would have to pay YOU in the event of breach.

 

[Chris]

Thanks for the lesson Frank, but I deal with criminal and civil law all day. I'd be hard pushed to call this breach of contract. It's poor service but not technically a breach, especially if the cause is outside their control and as they don't manufacture the glass themselves, they are in the hands of their suppliers. Currently they are trying to track down another screen in time which they'd see as reasonable. Before we detected the flaws in this one, the fitter did tell me they'd brought 3 into stock because my order had highlighted that they had a gap in their stock holding. Unfortunate that they all turned out to be damaged. Probably as a result of hanging around so long I shouldn't wonder.

For tuppence I'd go somewhere else, providing they had a screen, but A I can't because I too am bound by contract and B because I'll bet they all draw from the same pool of suppliers. What's the chance of someone else now having a decent screen in stock. Sorry Frank but all this talk of breach of this that and the other isn't really going to get me a screen in, in the next 48 hours. Better to press AW to fulfil their end of the deal rather than start again. If they fail, then I might have a shot at holding them to ransom. If they agree that they've failed then maybe I can go independent and still get the insurer to pay out.

 

[clivehorridge]

Thanks for the lesson Frank, but I deal with criminal and civil law all day. I'd be hard pushed to call this breach of contract. It's poor service but not technically a breach, especially if the cause is outside their control and as they don't manufacture the glass themselves, they are in the hands of their suppliers. Currently they are trying to track down another screen in time which they'd see as reasonable. Before we detected the flaws in this one, the fitter did tell me they'd brought 3 into stock because my order had highlighted that they had a gap in their stock holding. Unfortunate that they all turned out to be damaged. Probably as a result of hanging around so long I shouldn't wonder.

For tuppence I'd go somewhere else, providing they had a screen, but A I can't because I too am bound by contract and B because I'll bet they all draw from the same pool of suppliers. What's the chance of someone else now having a decent screen in stock. Sorry Frank but all this talk of breach of this that and the other isn't really going to get me a screen in, in the next 48 hours. Better to press AW to fulfil their end of the deal rather than start again. If they fail, then I might have a shot at holding them to ransom. If they agree that they've failed then maybe I can go independent and still get the insurer to pay out.

I would see this as the way to go, given my experience in contract law (which is limited to Civil jurisdictions not Common Law as in the UK).

Try to work with them and ultimately get them to admit their failure. None of this will happen in time for your trip as you have acknowledged, but he should be waiting on your driveway when you return with a serviceable screen in his truck.

If not, then they're pushing the boundaries of "reasonable time" IMO.

My recollection of phrases in supply contracts such as AW would have, will also include "subject to availability" and the like, even if the lack of availability is a result of their incompetence.

 

[frank rabbets]

It was'nt a lesson Chris it was my opinion after also studying law for 2 years.

Toyota can supply a non scratched correct thickness screen by the day after tomorrow. £183. After another couple of weeks I ( not as in if I were you ) would go for that and then persue my insurers.

I feel your pain Chris. You're not suffering poor service Chris but average service. When I left school things were done very differently.

 

[Chris]

Frank that's not actually a terrifying price is it. Not when you consider the excess is £80 to begin with.

However, had a call before lunch. They have a perfect screen (well it is at the moment) and are coming in the morning to fit it. No, I am not holding my breath.

Interesting to hear you're studying law Frank. Fascinating area. I'm just coming up on 30 years. And it changes every day. Contract law is quite a special area.

 

[clivehorridge]

Contract law is our speciality, well Construction law really, but it revolves around the applicable law and extension into Contract as the law of the Parties. Mostly we work in Civil law jurisdictions (Roman law based) mostly "Latin" countries, Romania, Spain, Italy, even Albania and Turkey's legal systems work on the same principles.

Yep, interesting stuff, but I'm not a lawyer, I take advice...

 

[Chris]

Wait, stop. Turkey has a legal system? Whatever next, entry into the EU?

 

[frank rabbets]

I've always wondered what Toyota would charge so I phoned out of interest. My study of law was 1969-1971 as part of my surveying course. Contract was covered fairly in depth. The basics have not changed. It's one thing knowing a little contract law and having a bit of confidence then another when they just tell you to piss off . LOL.

Best of luck with the screen Chris. You know there is windscreen law closely linked to sods law.

 

[Chris]

The best thing about the new windscreen law Frank is that at least it's transparent!

C

 

[Chris]

Well, I can confirm that there is no sealant at all in my screen. I can confirm that it doesn't leak one single drop.

But then that's because it's the same screen, with the crack in it.

Autowindscreens? What a f*** up of an organisation. Let's hope they never open a brewery.

 

[clivehorridge]

Wait, stop. Turkey has a legal system? Whatever next, entry into the EU?

Legal System? So I'm led to believe... there's still a few lawyers that haven't been dismissed or thrown in prison....

Europe? Someone mentioned it once-upon-a-time...

 

[frank rabbets]

What's happened now then? Are they not coming back or are they just not contacting you?

Good thing the Americans won the war for us............or perhaps we would be better at our jobs with Hitler's son in charge now.

 

[StarCruiser]

 

[Towpack]

Autowindscreens? What a f*** up of an organisation.

Deja vu.

 

[Shayne]

Forget about it enjoy the trip there's plenty of time later to sort it out .
On the sealant front i remember reading in a classic car magazine a suggestion that the rubber should be fitted to the screen and left to expand and contract in the weather for a few days before actually fitting it to the car . Maybe the author lived in a sunny place ?

 

[chapel gate]

Forget about it enjoy the trip there's plenty of time later to sort it out .
On the sealant front i remember reading in a classic car magazine a suggestion that the rubber should be fitted to the screen and left to expand and contract in the weather for a few days before actually fitting it to the car . Maybe the author lived in a sunny place ?

Or he hadnt read the fsm..

 

[moggy1968]

Quite agree with watching whoever does it and make sure that they make good any paint damage around the screen openiing if necessary. I had a screen replaced , 6 months later bubbles began and when I tried to get them to cough up for repairs, I was told that they’d gone bust and were under new ownership so no go. It’s a right pain having to take the screen out to remedy shoddy work.

Have had that on a couple of motors. usually too long afterwards to be able to prove it was them, but clearly it was when thats the only rust on the car!!

 

[Chris]

The good news is that I am down for replacement today. Even better, I'm first job!! Errm, hang on it's nearly 10.30. First job?

Rang them - not a clue. They'll get back to me.

 

[Chris]

Just had a reply

Ahh yes well we tried to ring you this morning. What it is you see is the manufacturer has to deliver it to us and blah blah blah bollox. So this afternoon then, LAST job? Yes.