A Christmas Update On Our 2004 M35 Ar-x

[Muz]

Just an update for anyone interested seeing as it's christmas. We paid (PM ME FOR DETAILS) to import a car for us back in March of this year and due to their incorrect advice (that being that compliance was definitely available) are still are no closer to driving our car now than when it was sitting on the docks in Japan. Several attempts???? have been made to achive compliance but would appear to be unlikely to ever happen. We are now faced with the distinct possibility of either having the car destroyed or having to re-export it. Either way we go we are going to be substantially out of pocket and probably heading to the legal system (more expense) all because we were stupid enough to believe that a person or persons involved in the importing of motor vehicles would actually know and understand what their business is all about.

A very expensive lesson has been learnt. Be very aware!

PS. I do realize that THEY are a SAU sponsor so if this post gets me banned so be it.

[66yostagea]

Its "buyer beware"

[stasis]

Can you just sell th car back in Japan? At least you will get most of your $$ back. Its better than a total lost. Im assuming the Australian side are at the wrong?

[Muz]

Its "buyer beware"

Interesting quote and by stating it I can only assume that you condone the passing of false and/or misleading information then.

[Duncan]

well I'm not going to ban you but I have removed the company's name. sponsor or not you are not allowed to name them in a post. feel free to PM anyone that asks regarding this.

[autech_axis]

Its "buyer beware"

My initial reaction to your philistine comment was unprintable, and I can only suppose that you have (1) absolutely no concept of what kind of pain Muz has been through and (2) a complete disinterest in another members trauma. You have no idea of the number of (literally) sleepless nights I have spend fretting about this problem. Get off this forum you clown and take your 'smart alec' comments with you.

Both Muz and me have been the victims of incorrect and negligent advice about what can, and cannot, be complied here. Since I am currently $26,000 out of pocket, and with no sign of resolution in sight, this is a very serious problem for us both. Having investigated the likely consequences of re-exporting to Japan, this would appear not to be an option: the cost of re-exporting would most likely equal the price recovered.

All of you on this board need to be aware that the import industry is still riddled with incompetence, shonkiness and downright impropriety, despite DOTARS best attempts to 'clean it up' by introducing RAWS and SEVS.

This is a VERY serious problem for both Muz and me, and we both relied on the advice of RAWS shops or importers who have a duty of care to provide accurate advice. We now both own valuable cars that cannot be complied here, and although my legal advice is that the case is clear cut, the fact is we will - regardless of the outcome - end up out of pocket as a result.

Now - how about an apology..?

[trism]

hmmm

is there no way you can get legal action??

the importer didnt happen to put in writing that it would be able to gain compliance, and since it cant, its a breach or contract?

[Lil_Bobby_260]

i might PM you for details, muz. Being that im at the point of importing one myself - things like this that you and matthew have gone through scare the shit out of me. I hope that it works out ok in the end with minimal stress and monetary loss.

Good luck to both of you guys.

[autech_axis]

hmmm

is there no way you can get legal action??

the importer didnt happen to put in writing that it would be able to gain compliance, and since it cant, its a breach or contract?

1 - there is of course

2 - yes - several times, and I will be relying on this written evidence when and if this goes to court.

However, it's all very well to talk about legal action, and quite another to initiate and implement it.

No one wins.

Here's a summary of the estimated costs I have sent to the compliancer who gave me the negligent advice...

Further to my recent emails and letters to you, I have made some enquiries into the probable costs involved with re-exporting the vehicle to Japan. Since there does not appear to be much, if any precedent, in the process, to some extent the costs detailed below are rough estimates - however, I have done my best to be as accurate as possible, as follows:-

Local transport to wharf. - $70

Customs agents fees. - $150

Wharf and handling charges - $100.

Sea-freight - $1600.

Entry taxes and duties to Japan (if applicable - not clear if there will be any?) - unknown - say $1500

Buyer's agent's handling fees in Japan - at least $1500.

Costs incurred with obtaining a 'Shaken' in Japan - $2000.

Registration fees in Japan - $1000.

Auction house fees in Japan - around $300.

5% Local tax payable on sale at auction. - $2000

plus...

Liquidated damages incurred as a result of your failure to comply the vehicle

(e.g. opportunity costs for funds transferred from deposit). ($26,000 @7.6% = $2000)

My legal costs - unknown, but at least $2000.

And then of course there will be your own legal fees and court costs - unknown, but at least $2000.

TOTAL - at least $16,220

I would guess this vehicle would probably fetch 1.75 million Yen on the button - currently around $18,500

Therefore the amount I will be looking to recover from you if I am given no option than to instigate ligitation could be approximately:-

Cost of vehicle landed in Australia - $26,715

PLUS costs to re-export and auction in Japan - $16,220

Less sale of vehicle at auction - $18,500

TOTAL - $24,435

[webng]

So sorry to hear. Hope the court case will go well for both of you. I'm assuming you're also claiming through the Dept of Fair Trading as well. I myself is in dispute ("only" $2500 but it is a lot of money to me) with the dealer that sold me my car with a warped head gasket which i had to get fixed within the Vic. stat 3 month warranty. Going through VCAT and Dept of Fair Trading.

Please PM me the dealer involved. Cheers.

Edited December 23, 2007 by webng

[Appealing]

Hi Guys, As I have said before, sorry about your pain...... I don't think that 66YOStagea was trying to be a smart arse, but sometimes people speak, (or in this case write) before they think.

"Caveat Emptor" is the basis of our whole legal system. Whether it is houses or cars we must in the end accept some responsibilty for our judgements. After seeking some "expert" advice you obviously have a claim.

However in the end it is your (as it was mine once) decision to import. I am not saying that you were wrong. But when if the shit hits the fan, we must all be able to shrug our shoulders and put some of it down to experience. The only good that I see coming of this is that at least others (hopefully) won't make the same mistake.

Have you thought about selling them to NZ? That way you only loose the freight to Australia. NZ laws are a lot less strict than ours. I have seen a 2004 on line for sale there.

Seeing as they have pay the same sort of price as us, and freight is more to there (as every ship stops at Brisbane on the way), this might the way to minimise your losses.

Contact Kiwi freight lines for a price....

Talk about this way of doing things with John, (your complier), it may be the easiest way out for everyone.

I certainly think that you should get some sort of recompense.

All the best

John

[Sydneykid]

Several attempts???? have been made to achive compliance but would appear to be unlikely to ever happen.

Can you be specific about what is actually preventing compliance?

Cheers

Gary

[autech_axis]

Can you be specific about what is actually preventing compliance?

Cheers

Gary

Emissions testing - not available for post 11/03 vehicles.

[Stinky Rooster]

most heavy commiserations dude - I am not going to waffle on about caveat emptor or any of that CR@P because you have been hard done by.

I hope that you come out of this with something to show other than a broken heart and wallet. Good luck to both of you and Merry Christmas anyway.

[stasis]

is it possible to swap engiines with the ealier M35 model?

[Sydneykid]

Emissions testing - not available for post 11/03 vehicles.

Is that not CURRENTLY available or NEVER going to be available?

If it's never, then doesn't that mean no more SEVS vehicles made after 11/03? That can't be right either, aren't Evo X's coming in under SEVS?

Cheers

Gary

[Appealing]

is it possible to swap engiines with the ealier M35 model?

Is that not CURRENTLY available or NEVER going to be available?

If it's never, then doesn't that mean no more SEVS vehicles made after 11/03? That can't be right either, aren't Evo X's coming in under SEVS?

Cheers

Gary

The problem here is not the cars, or the engines, but the ADR rules. Which changed in late 2003. The emissions are stricter and much harder to acheive, (correct me if I am wrong).

Also the inspector who is ruling on the car, is AFA I can work out a nit picker, which is causing the grief.

The cars were not made to fit ADRs.

It does seem stupid that the V35 Skyline managed to meet it though!!! (again correct me If wrong).

[funkymonkey]

Can you be specific about what is actually preventing compliance?

Cheers

Gary

emissions for the 2.5L turbo engine in an M35 is not eligible to pass the post 2004 ADR changes. This means that the engine has to be retested with things like a retuned ECU, a different AFM, or a different catalytic converter etc. Which is a lengthy process as it has to go back and forth between the testers and the workshop, and once the data is submitted to wait on a response from dotars etc.

I'm not too well informed about your case Muz, but of what little I know, didn't the compliancer offer to buy the car off you and reimburse you for all costs incurred at that point in time about 6 months ago, and you chose not to take that option? Fairly sure if you were to take legal action you can't be compensated for any losses made since that offer was made.

Also if you're going to look at re-exporting and auctioning off the car, its a lot cheaper to send it to NZ, as the shipping, transport and auction fees are a lot cheaper to there than Japan. There's also more demand for good clean M35's in NZ than in Japan, so financially its more viable.

[STAG250]

Also if you're going to look at re-exporting and auctioning off the car, its a lot cheaper to send it to NZ, as the shipping, transport and auction fees are a lot cheaper to there than Japan. There's also more demand for good clean M35's in NZ than in Japan, so financially its more viable.

Yes I was thinking of that myself and with it in mind just today I asked a friend who's importing his car from Oz what it was costing him and he informed me $5,000 thereabouts.

I have yet to see an ar-x here so it would be a rare car for sure.

[AlexCim]

I know most of you people on here are hardcore law abiding citizens, but have you ever thought of just buying a old clapper of a wagon and just putting those plates on your M35 and just driving that around?

Sure, no insurance. Sure, no TAC. Sure, fines if you get caught. But hey, at least you can use your car while you have it?

(This view is coming from someone who sees this kind of stuff every day. Dont hold it against me)