Where is my loader????
- Thread starter hotchkiss
- Start date
jinman
Rest in Peace
- Joined
- Feb 23, 2001
- Messages
- 21,008
- Location
- Texas - Wise County - Sunset
- Tractor
- NHTC45D, NH LB75B, Ford Jubilee
hotchkiss said:
Ah yes! The old "ships next week" ploy. . . Yeah, that's the ticket.
Good luck. These things never happen fast enough when we need them.
The old ships next week game, if not shipped, will be followed by the old "breach of contract" claim which trumps the ships next week card. I hope it does not come to that. When I tell someone I am going to buy something and pay for it, I do. When someone agrees to sell me something and deliver it within a certain period of time, I expect them to do it. We will just have to see what happens.
Mike:
You are correct in that I did write New Holland "suggested" it would arrive within three weeks. One could argue that no breach has occurred if New Holland only suggested that something would occur. However, I get on this cite for enjoyment and to learn from a great group of individuals. In doing so, I do not write with the specificity that I would otherwise use at the office or in litigation.
In this instance, New Holland's employees and or agents represented to me that a loader and tractor would be delivered to me within 21 days. The representation was made because my offer to purchase was contingent upon New Holland's agreement to deliver the loader to the Dealer within a specified time period. They agreed to do so, and a contract consisting of a number of terms and conditions was executed by me, New Holland and the Dealer. One term of the contract was a delivery date.
As it turns out, New Holland is going to be a little late in their delivery date, but I don't care so long as it gets here next week so that we can use the tractor and loader for some scheduled work. If it isn't delivered next week, New Holland and or the Dealer will have breached the agreement and will be liable for my damages including rental fees for another tractor and loader. I hope this answers you question, and I assure you that I really like the Dealer and have NO interest in fighting with him or the manufacturer. Life is too short, I fight with enought people and companies at work all day. All I want to do is go to the farm and ride around on my new tractor! Take care. J. Hotchkiss
You are correct in that I did write New Holland "suggested" it would arrive within three weeks. One could argue that no breach has occurred if New Holland only suggested that something would occur. However, I get on this cite for enjoyment and to learn from a great group of individuals. In doing so, I do not write with the specificity that I would otherwise use at the office or in litigation.
In this instance, New Holland's employees and or agents represented to me that a loader and tractor would be delivered to me within 21 days. The representation was made because my offer to purchase was contingent upon New Holland's agreement to deliver the loader to the Dealer within a specified time period. They agreed to do so, and a contract consisting of a number of terms and conditions was executed by me, New Holland and the Dealer. One term of the contract was a delivery date.
As it turns out, New Holland is going to be a little late in their delivery date, but I don't care so long as it gets here next week so that we can use the tractor and loader for some scheduled work. If it isn't delivered next week, New Holland and or the Dealer will have breached the agreement and will be liable for my damages including rental fees for another tractor and loader. I hope this answers you question, and I assure you that I really like the Dealer and have NO interest in fighting with him or the manufacturer. Life is too short, I fight with enought people and companies at work all day. All I want to do is go to the farm and ride around on my new tractor! Take care. J. Hotchkiss
AchingBack
Elite Member
It is a very long journey from Holland, to New Holland, to Hotchkissville. All of the tulip bulbs weigh down the slow boat from China.
ccap74
Member
I had my TC45DA for about 8 months before I ordered my FEL. It took over 2 months to get it. The truck that was bringing it in from Mexico was stuck at the border for paperwork problems for 3 weeks.
dqdave1
Veteran Member
I do not believe CNH loaders are built in Mexico.
ccap74
Member
Yep they are. Its stamped on the side of one of the arms...