Technical complain

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Technical complain

yossi

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Aug 20, 2013
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To: Mediterranean Car Agency Ltd, Tuesday, August 20, 2013


Re: Vehicle Order No.1034057-1


Request by fax 03-5655626


To Whom It May Concern




Factual Background



1.On12/11/2012 I purchased a car from Fiat Fiat Ducato 4.0 Manual year ofproduction in 2012 (the vehicle).


2. Iargue that on the day I got the car the main fault occurred then rode back manytimes - the warning light was on, stability control during travel. Pressthe On / pick the first car entered service center of Fiat (the service center,garage) due to this problem. Totalduring the six months, the vehicle enters the garage 15 times or so. Beyond therest of mishaps at the moment I will not refer to them, made repairs such asreplacing tires Front wheel balancer because a test vehicle and the like. Weremany treatments and repairs but failed to locate any major malfunction causingthe above " to. Allegedlydue to vehicle malfunction and not prevented attempts to repair the fault,prevented from normal use and enjoyment out of the vehicle and various damagescaused considerable distress.


3. On-10/04/2013 Tzhtkiima meeting after contacting through an attorney, after themeeting I received a letter dated -17/04/2013 says the company is ready to giveme a new car if and when the conditions of the stand it (taking a vehicle fortesting and proof bulb actually lights up when drive)and only if discovered during a trip from the reviewer bulb lights will indeedbe running further treatment, needless to say that I agreed to the details.


4. Pleasenote that the meeting took place on 05.01.2013 in the presence of my wife andme Representatives of Fiat (they witness on its behalf, Mr. Haim Regev,Regional Service Manager Mr. Eitan Ben-Ari, national service manager). Followingthe meeting a written summary of the Fiat me (Yossi Barel) dated 05.05.2013,whereby the Company undertook to extend the warranty period to 50,000additional miles, until the end when the extended warranty and all repairs willbe made current treatments or expense Fiat Alternativelyreplace a new vehicle, and the vehicle owner (hereinafter Yossi Barel) will beentitled to a refund of 450 forthe alternative fuel vehicles fueled by him and soon after taken away withouthaving made use of a vehicle (the meeting).


5. Furthercommitment Fiat to supply a new vehicle, it turned on collection of the carafter the transfer of ownership that this is not a new car but the car secondhand and Mshiaiifo my strength wars idle for a new vehicle as that the Companycommitted to a contract lawful nor was the agreement by being the first tooffer car faulty and the second time fraud transferringownership of the vehicle is not a new name as defined by law and used car so Igot a compensation of NIS 15,000, after two days of receiving the vehicle againcame her fault So not only got a second hand car used car instead of paying thefull first required for the car AgainI got a car with the same problem I immediately contacted Mr. Haim Regevreported the flaw in question and what is given to me in response is thisparticular model has a problem in four vehicles, if you are aware of theproblem why cause aggravation customer Are you a self-respecting and servingfaithfully customers?, Iwant more in this deal I had landed in the car or you as soon as the firstpick, it led to a loss of work days where I had to sit at home and wait forreplacement car, run garages, be subjected to endless arguments over the phone,not so I purchased a new vehicle.


6. Owner(hereinafter Yossi Barel) demands the cancellation of the transaction and faircompensation cost of purchasing a new vehicle plus compensation for damageincurred to him, he claimed, because of the recurring problem.



Plaintiffmeets the Section 15 of the Sale Law - 1968 (hereinafter: the Sale).Cancellation is possible only if the buyer gave the seller notice ofnon-compliance up to two years from the date of delivery of the sale and otherremedies for the discrepancy, there only if notified the discrepanciesare less than four years from the date of delivery of the addictive


1. Owner Mr. YossiBarel bought a new car with a warranty to two years. Meetingdated 05.05.2013, published allegations vehicle malfunctions, Fiat has found itnecessary to extend the warranty on the vehicle for another 50,000 km, andguarantee that all current treatments and future amendments to theabove-mentioned period, the account will Fiat. Thisis not unusual conduct on Fiat and done, because my complaints that the bulblights up regularly during the journey, complaints have not found asatisfactory solution.



2. Iwas able (hereinafter Yossi Barel) to prove the existence of a discrepancywithin the meaning of the law of sales, and gave notice of a discrepancyCompany (Fiat) as required and on time.


Claimto cancel the transaction and fair compensation cost of a new vehicle, underthe circumstances, the plaintiff is entitled to compensation for mental anguishdue to repeated failures vehicle unresolved for half the year until the vehiclecame from his possession, so he will not wait to get rid of the problem othervehicle received.



Inadequacy and noticethe discrepancy


3. Section 11 of the Sale Lawdetermines what non-compliance:


"11.Seller did not fulfill his obligations, if a message -


(1)Only part of selling or large or small amount of the agreed;


(2)different property or asset type or description differs from the agreed;


(3)that do not have the quality or the features required for ordinary or specialpurpose commercial or implied by the agreement;


(4)Property in terms of its type, description, quality or characteristics does notfit the model or sample presented to the buyer, unless presented withoutaccepting responsibility adjustment;


(5)Property that does not fit in another what was agreed between the parties."



4. Section14 of the Sale states the obligation of the buyer to check the sale after itsdelivery to him and inform the seller as soon as the discrepancy wasdiscovered. Article15 of the Law provides specific arrangement regarding hidden incompatibility,there is no dispute that is relevant for our purposes, as follows:


"15.Was no discrepancy is detected by a reasonable examination buyer is entitled torely on the provisions of Clause 14, provided that he gives the seller noticeit immediately after discovering it, but the sale of an asset Ned no buyer isentitled to withdraw from the contract if given such notice after undergoingtwo years of delivery saleand is not entitled to the remedies for breach of contract if given the postafter passing four years from the delivery of sales. "


OE



Sincerely,


Yossi Barel


050-6505943
 
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