[robains]

Just when I thought my Lemonotus couldn't get any worse ... my rear clam is at the body shop from damage sustained from Infineon Raceway ... the body person "discovered" that there is a huge section of my rear clam that has already been "fixed" (bondo and blended).

He has taken pictures -- will post later when I get them from the body shop.

I bought the car new from the showroom floor with no plates (from Broadwalk in Redwood City) -- apparently dealers ARE required to report any car damage done at the dealer -- this never happened. So it's likely the car was damage during shipping and repaired at the dock.

As I understand it, damage during shipping is not required to be reported to anyone, not the customer, not Lotus, not the dealer -- the shipping company is permitted to fix (in the cheapest way possible - give that a new rear clam is $11-14K it obvious the shipping company didn't replace it) without notification.

So is it accurate to say that I have NO legal recourse at all? I paid for new undamaged goods, but got damaged goods.

Rob.

P.S. oddly, my wife is more pissed than I am

 

[lotusport]

Just when I thought my Lemonotus couldn't get any worse ...

Why do you call it that? You've modded the heck out of the car -- is that in response to an earlier problem, or was it strictly for your own desire? Why "Lemonotus?"

So is it accurate to say that I have NO legal recourse at all? I paid for new undamaged goods, but got damaged goods.

Probably no legal recourse, but with Arnie Johnson back as head of Lotus Cars USA, I'd bet that they will try to make it whole for you as best they can. Now if you blow up that highly modded powertrain, on the other hand...

 

[lotusport]

Probably no legal recourse, but with Arnie Johnson back as head of Lotus Cars USA, I'd bet that they will try to make it whole for you as best they can. Now if you blow up that highly modded powertrain, on the other hand...

Forgot to ask, have you tried to get in touch with Abraham Reyes? Abe is the Western Region Sales and Marketing Executive for LCU. He's one of us and would be the first I'd contact given you're on the Left Coast.

 

[robains]

I haven't tried to get a dime from Lotus, I've accepted and paid for everything that has failed and I've also paid for damage done by other 3rd party vendors. So I've paided, and paided and paided, that's about all I ever do with this money pit of car.

So you're suggesting that because I've modified the engine, it's acceptable for hose clamps to come loose from a part of the car I've never even touched (after what would be a total of maybe 10,000 miles on the car and sadly only about 200 of those are track miles)?

I'm not going to go into the long debate about this as your statement "modded" the car is exactly the same statement Lotus would fall back on ... the sweeping generalization that because someone has "modded" their car unrelated parts, damage, etc. etc. are destined to happen - FALSE.

For me to get Lotus to pay for anything would require Lawyers, lots of my time, a ton of documentation (fortunately I have all that), and going over every "modded" aspect of my car inch by inch. This would cost me about 2X or 3X more than getting a new Lotus S260 -- and this is exactly what Lotus are banking on. So fixing this myself is really the only cost effective solution.

Changing the stereo is modding the car, does that mean it's now ok for the Tranny to let go (which I'm guessing will be my next failure - don't worry I've saved up for that too)?

Back to shipping damages -- so shipping is Lotus responsibility? Is the shipping company and/or docking company required to notify Lotus? I recall reading somewhere on LT where shipping/docking damages routinely happen and customers often received "Fixed" damaged goods when they buy their new Lotus.

Rob

 

[agirls]

Why the rant? It sounded like he was trying to give you some information...

 

[robains]

Why do you call it that? You've modded the heck out of the car

Set me off, sorry for rant but I'm just over the "you've touched the car therefore..." -- it's trying to connect a generalization as validation for problems/issues with the car -- and that is just not accurate and spreads mis-information.

Bob, thanks, I'll check in with Mr. Reyes.

 

[agirls]

I know why it set you off, and you are right, he pointed out your mods twice in his post even though they have nothing to do with the prior damage to the clam. So, his comments may definitely have been unnecessary. But on the other hand, jumping down his throat and every Lotus representative will not help you. Anyhow...

I wish you luck! That is pretty shi**y finding a repaired clam that you've owned since new!

 

[Bavarian Motorist]

Now if you blow up that highly modded powertrain, on the other hand...

Bahahaha...Where have you been? I think he's been down that road a couple times already at last count.

 

[robains]

Agree with your statement on jumping down someone's throat -- a pleasant approach often brings a better chance of positive results -- however, I've tried the pleasant route before with Lotus USA reps and it started with the very same type of response "oh you've modified the car..."

I guess I've just reached my threshold with Lotus. I bought a 70K+ Lotus not a 14K KIA -- I foolishly expected A LOT more care and attention to details and delivery.

I doubt I'll contact Lotus "again" to even pursue this, I'm just so over the entire "adventure" with this car and I'm long since out of patients and time.

Rob.

 

[Bavarian Motorist]

I'd just like to add this happens with virtually ALL manufacturers in shipping. Lamborghini included. None shall be spared...


So don't take it personally, Robains.

 

[fishguy]

I think you would have a case if it were not since damaged.
the fact that you discovered it ebcause of a repair for damage you just did would be their way out...........as in the clam is now damaged and repaired(a second time) so they wont give you a new one, maybe one that is damaged at best.


I think your experience with the car sucks, and i hate to say it, but its what i felt would happen if i kept mine. i followed my instinct, and sold fast.

Rob,
for the green your are dumping in this car, you could be racing something else, and have a $ in the bank to have a lot of fun, not the misery that you have had merely doing hpde.

sell it and dont look back.
I jave never seen you car, and even i want to kick it in frustration.
Josh

 

[MattG]

I thought there was no factory authorized method of repairing the clamshells, since they're considered part of the crash structure? In which case, you have a way to get Lotus to pay for it (since you bought it as a new car), though it'd mean proving that the repairs were done before you bought the car...and that'll be next to impossible, I suspect.

 

[Vishus_1]

This is really awful. I have been following your issues with engines and now this.

I would at least have a discussion with Abe or Lotus about this. I am not sure how you prove this wasn't done after delivery. I'm not questioning this - but I am sure Lotus will and I don't know how you do that. I thought there was supposed to be some kind of record of this (even if not disclosed to the buyer) that damage occured in shipping or at port.


I'm in shock - please post pictures of this. Hopefully others can check to see if they have something like this.

 

[robains]

I'm going to pursue this issue. My only hope will be a documentation trail based on my VIN from Hethel to States to Dealership. So far all I've found out is that dealerships are not required to report any damage <$500 (of course this leaves a HUGE variance in cost as I'm sure dealership body shops have "special" pricing).

I realize that this happens "all the time" - but that's hardly an excuse for it and poor service. Since it does happen all the time, that begs the question so "why not be pro-active about preventing rather than re-active and fixing it" -- gaaah, some companies just don't get it, they "believe" it's cheaper to fix rather than prevent -- and this is why companies fail in the long run. Fortunately it's a philosophy I don't bring with me for my real world working efforts -- if I did, my company would have long ago collapsed during the .com bust.

Anyway, I'll be out of town for the next few days and will be picking up my rear clam on Sat - hopefully with some pictures of existing unrelated damage.

I do recall when a friend with a new BMW M6 who had a similar issues, BMW's response was very different -- they had him in a new BMW M6 within 2 days. Rather than attack him, they said "we'll make it right".

Josh, I'll give Lotus a chance to "make it right" -- their response will be pivotal in how I proceed with this car.

 

[maz]

ok. bye.

 

[buzzy]

Cars damaged in shipping and repaired at the port don't have to be reported to the customer because the port is considered part of the factory line. The BMW facility in NJ has a full paint and repair shop to do this kind of work. Obviously I can't speak for Lotus, but I would imagine all manufacturers do the same.

Now if Lotus themselves don't approve any repair of the clams its unlikely that it was repaired at the port. If they do then it could have been.

It's just a car...

 

[xtn]

I wouldn't really worry about it unless the prior repair was done poorly and you began to see evidence of it from the outside. Otherwise what's the difference between a new clam, and one that has a bit of bondo behind it? What are your damages?

xtn

 

[Vishus_1]

It comes down to who would knowingly buy damaged goods without a reduction in price. Even then, some (like myself) still might not touch it when you could get another that hasn't been damaged.

Say you go into Best Buy and there are two identical TV's you might want to buy - both look great - one has been repaired and another has not - same price - which would you buy?

It may seem to some that this is only cosmetic - but, for me, I am paying partly for that cosmetic appearance.

 

[MattG]

At this point, how much does this really matter, though? As mentioned in the first post, the rear clam was damaged on the track recently. It doesn't matter what condition it USED to be, moving forward it's still going to be car that suffered clamshell damage on the track. Doesn't matter if the clam was damaged once or twice, it's going to be the same from a resale value.

 

[robains]

Why it matters:

1. Existing damage repairs made (at dealer or at port) could cause issues with paint flaking off even on a well maintained car.
2. It's a large 5 foot section that wraps around from side to rear and quality of initial repair is dubious -- and a second smaller section from passenger side fuel door 2-3 feet -- whatever damaged this clam, it wasn't minor (might explain why my roll hoop rear bars looked like they have been replaced).
3. A new clam (from Lotus Garage) $4842 + paint - call it $7000 (not sure that's for SC cars)?

Not really concerned about resale value since it appears these cars lose about 60% of their value in just 2 years regardless. More interested in seeing how (if) Lotus deal with this or just push it under the carpet.

Got confirmation from Broadway Lotus that a PDI (Inspection) and two TSB's were applied before I purchased it - no damage reports.

Onward to Mr. Reyes.