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Vauxhall part

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woodchopper | 22:11 Sun 12th Feb 2012 | Civil
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My wifes 7yr old car developed a fault in the gearbox and was taken off the road to get it fixed - a new main shaft was required and was duly ordered from Vauxhall - that was in late October - now after several failed delivery dates of the paret and having paid for the part in advance - what is the likeyhood of suing Vauxhall for breach of contract?
They now give a date in May for delivery but that is not set in stone.
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Unless there was a specific stipulation that 'time is of the essence' when you entered into the contract to purchase the part, Vauxhall are not in breach of contract.

However, as they've failed to provide the part within (what a court would regard as) a reasonable period of time, you have the right to cancel the contract and to demand your money back. You can then obtain the part, by the end of this week at the latest, from http://www.breakeryard.com at a tiny fraction of the price you were going to pay to Vauxhall.

Chris
As ever it will depend on what was agreed was delivery stipulated as being of the essence are you doing the work yourself or is your Wife’s vehicle being repaired by a garage, if so you have no contract with Vauxhall your contract is with the garage and their contract is with Vauxhall.
If you ordered the part from Vauxhall without stipulating that time was of the essence, you can probably withdraw from the contract due to an unreasonable delay (reasonable depends on the circumstances) in supplying the part.

Finally what do you do if you cancel your order for the part, can it be obtained elsewhere?

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