No more dealer switches?

[dabush1980]

For what it's worth - I talked to Ford corporate yesterday via the marketing dept number that most of us used for switching. I straight up asked if dealers will be able to change the priority or if the priority/delivery date will be managed on Ford corporate's end and she said it hasn't been decided yet.

If they do that I'm out! I will head to toyota.

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[Judge Rufus]

Just catching up after being out of pocket for several days. Spent several days in Pitkin County Colorado doing some, skiing, wheeling, and spending time with my family!!

Get back to find out that the order window has been pushed back...not surprising given the environment we're in.

@NayNay I appear to have struck a nerve. Sorry to have mislabeled your title. I have no question regarding your loyalty to your customers and wanting to protect that group.

My question is regarding the actions you claim that your are going to take regarding reservation holders that switch their reservation to Leonardtown.

For those considering a switch but still have not done it. We here have an amazing small group of customers. If you have not made your switch by this weeks end (Sunday Dec 6th) YOU WILL GO TO THE BACK OF THE 2021 RESERVATION LINE REGARDLESS OF WHEN YOU PLACED YOUR RESERVATION.

The dealership has control over which reservations to send to Ford to be built, they can also cancel reservations too. I have stated that throughout this process. The dealership takes the reservations that come over to them and decide what order to send to Ford to be built.

You claim that the Dealer can change the order in which reservation holders will have their vehicle built, based upon you (the Dealer) changing the submission date of the reservation holders' order. That you can even cancel a reservation holders' reservation.

Your basis for your ability to take these actions is from the terms and conditions of the reservation agreement, which you have quoted.

I would seriously advise you to contact your dealer's outside counsel if you haven't already. Because if you were take some of these actions you may be opening your dealership up to lawsuits.

You should go back and reread the reservation terms and conditions.

Reservation Terms and Conditions
July 7, 2020

U.S. VEHICLE RESERVATION PROGRAM TERMS AND CONDITIONS

Welcome to the Ford Motor Company (“Ford”) U.S. Vehicle Reservation Program (“Program”). These Terms and Conditions (“Terms”) describe the Program as well as the Reservation Process (“Reservation Process”). Please review these Terms carefully and click “Checkout” to agree. Your acceptance and use of the Program and Reservation Process is your agreement to these Terms, the Payment Terms, and the Privacy Policy located on this site.

If you object to any of these Terms, your sole recourse is to stop using the Program.

1. Reservation.
You may be able to configure a Ford vehicle (the “Vehicle”) through the Reservation Process (“Reservation”). By completing the Reservation Process, you are not ordering or purchasing a vehicle. The Reservation Process allows you to configure a Vehicle and pay the Reservation Deposit (“Reservation Deposit”) to an authorized Ford or Lincoln dealer (collectively “Dealer”) you select. Participation in the Program does not guarantee you vehicle delivery. You must contact a Dealer to discuss final transaction pricing, arrange any necessary financing, and complete your purchase of the Vehicle. Your Reservation does not guarantee a set price for the Vehicle. The Dealer sets the Vehicle price, which may differ from the MSRP. Unless otherwise indicated, MSRP is the manufacturer suggested retail price and does not include destination/delivery fee plus government fees and taxes, any finance charges, any dealer processing charge, any electronic filing charge, and any emission testing charge. Optional equipment not included.

2. Sharing of Reservation Information.
You will be required to select a dealer at the time of Reservation. Your information including name, address, e-mail address and vehicle configuration will be shared with the dealer you select. Your credit card information will not be shared. You will be asked to reconfirm this dealer at time of order or select a different dealer.

3. Reservation Process.
In order to complete the Reservation Process, you will be required to (1) create and/or login to your Ford account, (2) submit certain information to Ford, and (3) pay a refundable Reservation Deposit to your preferred Dealer. You may request a full refund of your Reservation Deposit at any time prior to placing a vehicle order with your selected Dealer. Contact your Dealer for details.

4. Vehicle Specifications and Configuration
You understand that we may not have completed the development of the Vehicle or begun manufacturing the Vehicle at the time of your Reservation. By agreeing to these Terms, you represent and warrant to us that you understand that the Vehicle configuration may change prior to execution of a sales agreement between you and a Dealer.

5. No Purchase Requirement.
The Program does not require you to complete a vehicle purchase, finance, or lease contract. If you change your mind before you have entered into a contract with your Dealer, you may cancel your Reservation pursuant to Section 10 below.

6. Right to Decline, Cancel Reservation.
Ford, at its sole discretion, may decline or cancel your Reservation at any time, for any reason. You will be notified by email if your Reservation is declined, and your Reservation Deposit will be refunded if it has already been processed.

7. Right to Modify, Cancel Program.
Ford reserves the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or part of the Program, including any of its features, functionalities or manners of operation at any time without any notice or obligation to you. Your use of the Program after any changes are implemented will be considered acceptance of such changes. The Program may not be available during maintenance breaks and other times.

8. Reservation Eligibility: Age and Residency; Entity Reservations.
You must be at least 18 years of age or the age of majority as determined by the laws of your state or territory of residency and a resident of the United States in order to accept these Terms and to participate in the Program. The Program is only open to individuals; companies, groups and organizations are not eligible to participate. Reservations are limited to two per Ford account. Ford may cancel your Reservation and refund the Reservation Deposit if Ford determines that you are an ineligible party.

9. Registration; No Brokers.
In order to participate in the Program, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Ford shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time by logging into your Ford Owner Account or FordPass account. You represent and warrant that you are not a broker and that your registration and participation in the Program is for your own benefit on your own behalf. We may cancel your Reservation in the event we determine you have engaged in brokering.

10. Reservation Cancellation; Transfer; Assignment.
You may cancel your Reservation at any time before you order your vehicle and request a refund from your Dealer. The full Reservation Deposit should be credited back to your credit card within approximately 10 business days. Please note that all cancellations are final. You may not transfer or assign your Reservation or any other rights under these Terms and Conditions.

11. Force Majeure.
Your participation in the Program and/or your Reservation does not create liability for Ford or you for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood, pandemic or any other natural or man-made eventuality outside of our control.

12. Entire Agreement, Modification and Severability.
We reserve the right, at our discretion, to change these Terms at any time. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable. This Agreement represents the entire agreement governing your Reservation.

13. Limitation of Liability.
UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL FORD BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.

IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR RESERVATION, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF YOUR RESERVATION DEPOSIT.

14. Applicable Law, Venue, and Class Action Waiver.
These Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of the State of Michigan. Ford and you agree that the United States District Court for the Eastern District of Michigan, or the Sixth Circuit Court, Oakland County, Michigan has exclusive jurisdiction to settle any dispute, controversy or claim arising from or connected with these Terms. Ford and you consent to the jurisdiction of the Michigan courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER CLAIM FROM OTHER CURRENT OR FORMER USERS OF THE SITE OR OTHERWISE RELATED TO THE VEHICLES OR ANY OTHER RESERVATIONS. NO CLAIM BROUGHT UNDER THIS AGREEMENT SHALL PROCEED AS A CLASS ACTION.

FURTHER, YOU HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. YOU AGREE THAT WE MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG US TO IRREVOCABLY WAIVE TRIAL BY JURY AND THAT ANY ACTION OR PROCEEDING WHATSOEVER BETWEEN US RELATING TO THESE TERMS SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.

15. Contact Us.
If you have any questions, comments, or claims regarding the Program or Reservation Process you may contact us by finding your local contact information at this website http://corporate.ford.com/our-company/country-websites, or contacting us in the U.S. at:
Telephone
800-392-3673 (Ford U.S.)
800-232-5952 (TDD for the hearing impaired)
Available M-F 8:00 am - 11:00 pm ET
Available Sat. 8:00 am – 8:00 pm ET
Mailing Address
Ford Motor Company / Customer Relationship Center
P.O. Box 6248
Dearborn, MI 48126

The rights you claim to have to cancel reservations, move, etc. under sections 6 & 7 above are rights held by Ford (Ford Motor Company), not by the Dealer. The Dealer can set the price as laid out in section 1.

The reason this is of concern to a number of users here are that Dealers continue to make claims that pan out to not be true.

As an example, if a Day 1 reservation holder wanted to move their reservation to your dealership, because of convenience of location, but you purposefully delayed their order because they didn't meet your arbitrary deadline, you would be in violation of the reservation agreement between the reservation holder and Ford. The dealer would have the right to modify pricing with that reservation holder, but not have the right to fuck around with the timing of their order.

So yes, even though I don't have my reservation with Leonardtown, we at 6G collectively, do have the right to question dealer claims made on a public forum.

 

[Streetfish]

I changed my dealer today; took about 5 minutes

 

[Mattwings]

If they do that I'm out! I will head to toyota.

Toyota has an even more machevelian process for allocation, so make sure your dealer is the right dealer and made their number for the prior sales period or you will never get your order ?? All large manufacturers build in batch and all have allocation processes from what I have seen.

 

[snoopcat]

I have a reservation with Stephens but that is about 3 hours away. Since I will be getting Z plan it is my understanding that the price will be the same no matter the dealer. Can anyone confirm that is correct?

If so I will be changing my Sept 9th reservation to a local dealer. He told me that they had about 60 reservations. Will this effect my delivery? I am sure that Stephens has many more reservations than that.

Do i need to change this reservation now or do i still have time?

Thanks in advance for you feedback.

 

[Lcubed]

if i understand the numbers properly, SAC's offer is still better than Z plan, so that deal might be still worth your time.

 

[NayNay]

Just catching up after being out of pocket for several days. Spent several days in Pitkin County Colorado doing some, skiing, wheeling, and spending time with my family!!

Get back to find out that the order window has been pushed back...not surprising given the environment we're in.

@NayNay I appear to have struck a nerve. Sorry to have mislabeled your title. I have no question regarding your loyalty to your customers and wanting to protect that group.

My question is regarding the actions you claim that your are going to take regarding reservation holders that switch their reservation to Leonardtown.





You claim that the Dealer can change the order in which reservation holders will have their vehicle built, based upon you (the Dealer) changing the submission date of the reservation holders' order. That you can even cancel a reservation holders' reservation.

Your basis for your ability to take these actions is from the terms and conditions of the reservation agreement, which you have quoted.

I would seriously advise you to contact your dealer's outside counsel if you haven't already. Because if you were take some of these actions you may be opening your dealership up to lawsuits.

You should go back and reread the reservation terms and conditions.



The rights you claim to have to cancel reservations, move, etc. under sections 6 & 7 above are rights held by Ford (Ford Motor Company), not by the Dealer. The Dealer can set the price as laid out in section 1.

The reason this is of concern to a number of users here are that Dealers continue to make claims that pan out to not be true.

As an example, if a Day 1 reservation holder wanted to move their reservation to your dealership, because of convenience of location, but you purposefully delayed their order because they didn't meet your arbitrary deadline, you would be in violation of the reservation agreement between the reservation holder and Ford. The dealer would have the right to modify pricing with that reservation holder, but not have the right to fuck around with the timing of their order.

So yes, even though I don't have my reservation with Leonardtown, we at 6G collectively, do have the right to question dealer claims made on a public forum.

I appreciate the newer approach this time around with better detail and more respectful approach and will respectfully double check my words and follow back up on it. I do know a dealer can not change a reservation number nor time stamp but we can cancel a reservation and we can move the build date. This is in place for reasons as I had stated before (my example personally is an ideal 1 where I was a day 2 reservation holder but will place mine further back in lime so a customer can have theirs 1st). I have a couple day 1 holders who are currently serving and cannot take delivery and want theirs pushed back. Again i will dig into it. This community and my customers are a very high priority and yes it did strike a cord with me. I felt my words were being taken out of context and used to create drama. As you can see I am defensive of such things. Thus far within this forum I have given nothing less than truth and if and when I was wrong I've had no problem taking accountability for it. I am not the type to spread lies and run and hide. So I will find out and return with the information. I hope you enjoyed your time with your family.

 

[Judge Rufus]

but we can cancel a reservation and we can move the build date.

I don't think you (the Dealer) should be able to do that without consent from the reservation holder, and if done without their consent, the reservation holder would have legal recourse for the Dealer violating the reservation holders agreement with Ford.

 

[Lilj4425]

You’re all gonna get your vehicle. Nobody is going to cancel your reservation out of thin air. Relax. Ford is not going to turn down money. They want to sell as many Bronco’s as they can.

 

[NayNay]

I don't think you (the Dealer) should be able to do that without consent from the reservation holder, and if done without their consent, the reservation holder would have legal recourse for the Dealer violating their agreement with Ford.

Will it be odd if I say I agree with you? There's a lot I don't think a dealership should be allowed to do. But I am going to inquire and find out for sure. I feel you brought about a valid point.

 

[calgecko]

I changed dealerships yesterday as well, was super easy, and great customer service too. When I mentioned that I was changing to Serramonte, she said the call she took right before mine was also a switch to them

 

[pan-y-cerveza]

I felt my words were being taken out of context and used to create drama

Forgive me while I take exactly one sentence out of context here.

But for me, the drama isn't what you were doing, @NayNay. You were honest and fair in your plan. For me, the drama is that if you are able to make such changes at the dealer level, then so can all the dishonest and unscrupulous dealers which is a bit worrying.

I'd hate for my dealer, or anyone else's, to say they were submitting orders in order while actually putting them in by the highest bidder, the better customer, etc.

We've all been assuming that Ford would have checks and balances for this sort of thing.

 

[NayNay]

Forgive me while I take exactly one sentence out of context here.

But for me, the drama isn't what you were doing, @NayNay. You were honest and fair in your plan. For me, the drama is that if you are able to make such changes at the dealer level, then so can all the dishonest and unscrupulous dealers which is a bit worrying.

I'd hate for my dealer, or anyone else's, to say they were submitting orders in order while actually putting them in by the highest bidder, the better customer, etc.

We've all been assuming that Ford would have checks and balances for this sort of thing.

I'm calm now. I think judge was trying to make a point/clarify some things which I find fair and valid. In part, I did make that statement because I can clearly see on the dealership level what I can do. Will Ford make a change when the actual Bronco comes out and remove the ability? Will there be a consequence if Ford finds out a dealer is doing this? Is it true a dealer can open themselves up to a lawsuit? All of which I feel people should have an answer too even if they do not like what they hear, or refuse to believe it. What are the individual rights? What are the dealership requirements and rights? Ford reserves the right to change, but do the dealerships? I know if a Bronco sits on the lot beyond 90 days there's a backlash from Ford. This community is pretty on point with much of their information. Not all but a lot. It's not going to hurt me to look into this and ask the questions. I am concerned about what some dealerships may do or try to do.

 

[NayNay]

I don't think you (the Dealer) should be able to do that without consent from the reservation holder, and if done without their consent, the reservation holder would have legal recourse for the Dealer violating the reservation holders agreement with Ford.

So with all that has been said I have sent an email and have a response. It makes me VERY nervous to post this because I do feel it will possibly be taken the wrong way or utilized to create drama. I want it to be VERY CLEAR that I am attaching my email for clarity only. There is no decent dealership in their right mind that will do anything malicious that is going to cost them money. I have removed personal information from the email. I will not engage in what if scenarios that will upset people but if there is any additional questions I will be happy to reach out and ask them or clarify anything I am able to. Personally, I have noticed my last few questions were left with no answer at all.

 

[NayNay]

I have a reservation with Stephens but that is about 3 hours away. Since I will be getting Z plan it is my understanding that the price will be the same no matter the dealer. Can anyone confirm that is correct?

If so I will be changing my Sept 9th reservation to a local dealer. He told me that they had about 60 reservations. Will this effect my delivery? I am sure that Stephens has many more reservations than that.

Do i need to change this reservation now or do i still have time?

Thanks in advance for you feedback.

While I know you did not ask me directly I hope I can add some insight for you. Plan prices are non negotiable and a dealer has the right to say no. First ask the dealer or dealer you plan to move to if they are accepting the plan pricing. The amount of reservations a dealer has can play a role in when you get your vehicle. You can figure there will be about 7 months vehicles will be spread over. If a dealer has 70 reservations that is about 10 per month. If they have 500 you are trying to get over 70 in a month. If 250 of the 500 are day 1 reservation holders you would fall with the ones from Sept 9th. A small dealer with less you may not get lost in the mix. Remember if a dealer is following the reservation order you have July and Aug prior to you.

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