M35 - Total Disaster...

[rb26stagea]

This info should be condensed, and this thread stickyed, and renamed somrthing like: important: read before importing m35, or some such. This info is too valuable to lose, especially for any visitors considering an m35.

[autech_axis]

Yes - well if you are going to sticky my misfortune, let's add this pearl of wisdom from the SEVS website...

"The register of Specialist and Enthusiast Vehicles is a list of vehicles that are eligible to be imported by a Registered Automotive Workshop(RAW) or by a company applying for a New Low Volume Compliance Plate Approval. It does not infer that there is a current approval for that particular vehicle."

Read carefully all ye Thrill Seekers out there in Importland.

My lawyer's advice is as follows:-

"Prior to the purchase of this particular vehicle you sought the advice of a person who held himself out to be an expert in the field and you sought from that person an indication as to whether or not, were you to purchase and import this vehicle, it could receive, without undue delay or complication, a certificate of compliance enabling you to register and use the vehicle in this country. You were given that assurance by that person and under the civil law both in New South Wales and in Queensland you had a legitimate expectation that the advice that you would have been given was correct, the person who having given it was amply aware that you would be relying upon that advice in making the decision to purchase and import the vehicle.

It now appears that that advice was wrong and negligently wrong at that. The vehicle in question cannot be easily complianced in this country, if at all, and that has been confirmed by the delays in expense and time that have been experienced by Mr XXX in respect of the car which he purchased, apparently on receipt of similar negligent advice from another professional in the field.

Your position at law is that you are entitled now to commence proceedings against the person who provided you with that negligent advice and to seek from them reimbursement of all of your losses occasioned as a consequence of your reliance upon that negligent advice. Those losses, or damages as they are called, would include the purchase price of the vehicle, all the shipping and other costs associated with transporting the vehicle from its origin in Japan to your door, any ancillary costs as you have been obliged to incur since the vehicle has arrived, and any further costs that you have incurred as a direct result of your inability to have this vehicle complianced and registered and available for your use now.

Such additional expenses would include the costs of repairing, re-registering or re-insuring your current vehicle, assuming that you intended to replace it with the subject vehicle, discounted or set off against the costs that you would otherwise have had to incur in any event in registering and insuring the Nissan M35 Stagea in Queensland. These additional, second car costs, would be calculated on a pro rata basis, depending upon how long it took to resolve this matter generally and hence dispose of your current registered motor vehicle and replace it with another.

Motor engineers of the type that you have consulted, and from whom you have on this occasion received negligent advice, are normally required to carry professional indemnity insurance so it would be wise to present a claim to this person soon and to invite them to notify their professional indemnity insurer of the claim so that it can be adequately and promptly assessed and paid. Such a claim would, of course, involve you handing over this vehicle in exchange for being fully reimbursed all of your costs or damages, but given that the vehicle is now of no worth to you as a motor vehicle, I assume that that would not pose a problem."

All I can hope is that placing the bunsen-burner of my lawyer under the backsides of the persons responsible for giving me the faulty advice encourages them to A/ produce the emissions evidence, or B/ recompense me for ALL the expense incurred so far. I sincerely hope that no-one else on this board ever has the misfortune to be in this position in the future.

Edited August 27, 2007 by autech_axis

[ssshonky]

man this is a pretty stuffed up situation hey?

so the question I have is .. what then happens to the car if you CANT get it on the road?

does it get parted out etc?

it seems insane that its ONLY the startup emissions that are causing a problem here. and once the cat is up to temp it would be ok .

To be honest.. I dont think your going to have any problems being recompensed.

Bad situation to be in for the importer though. one hell of a mess

keep us informed as to how this all rolls out ! oh and keep a log of your lawers expenses

[coprims]

who was the import agent if you dont mind me asking?

becuase clearly they should have advised you whether it was eligible or not?

[SLY-031]

Sorry to hear buddy. Hope it all gets sorted out quickly and professionaly.

[autech_axis]

man this is a pretty stuffed up situation hey?

so the question I have is .. what then happens to the car if you CANT get it on the road?

d

Not my problem. I love this car, but it's completely useless to me as it is.

The compliancer can take it away and do what he likes with it when I get my money.

[autech_axis]

who was the import agent if you dont mind me asking?

becuase clearly they should have advised you whether it was eligible or not?

Can't say publicly. This matter will shortly be sub judice.

And they did. They were wrong.

[coprims]

can you say who it wasnt?

[DRIFTT]

The time frame a workshop has to comply a vehicle is 12 months which has been extended before but when you pay a $1,000 to a 3 party importer the advice is suppose to be correct and up to date since they say they are the experts in the field.

Below is a bit of standard wording used in some Import Agreements with dealers which covers a RAW if something goes wrong as they don't do work for brokers.

1. XXXXXXXX is not responsible for any delays in work being carried out and/or unexpected delays in processing required paperwork with DOTARS.

2. XXXXXXXX is not responsible for any delays due to changes in legislation and or processes required under RAWS.

3. XXXXXXXX is not responsible for any delays due to any third party company's supplying documents required under RAWS stating vehicles compliance of ADR's.

Certain business are desperate for work and they will tell you what you want to hear and worry about the problems later which is another reason that problems like this arise or they just don't give a shit.

I would say to the Broker "Well you own an M35 Stagea that might get complied one day so take responsibility" if you give bad advice don't blame someone else.

A sticky should be of problems importing be it which ever method with out naming names but again some people wont like it.

Matthew PM me if I can ever shed some light on a question you might have but it looks like you have it all covered.

[autech_axis]

Thanks Nigel - I appreciate your offer of help. Unless you know any other RAW who is currently attempting to get emissions on 2004+ M35 with VQ25DET then there's not much to be done.

For the record I don't deal with brokers, and I don't deal with dealers. I have a buyer in Kobe and deal direct with the RAWS shop. I sent them full details of the car, including the auction house sheet prior to purchase, and relied on their advice about compliance. I have several emails from them stating that the car could be complied, and it was only Chris Rogers who alerted me to the potential problem. Unfortunately at this stage the car was already on a ship...

[AlexCim]

I hate emissions for this matter!

The annoying thing for you is the fact that emissions go based on the year of the vehicle.

For example, I want to put a 4g63t out of an Evo 8 into a 1990 Silvia. I went and spoke to an engineer about it and he said the car only needs to pass 1990 emissions standards. The fact that I am using a 05 motor means that I wont have a worry in the world. For this reason, I am going aftermarket turbo and motec from the start as I know even like this, I will pass emissions for engineering..

Messed up situation mate, I hate to hear about it

[VERY]

OK a few people have asked but i havent read a reply as yet... I still dont understand how M35's 2003 or early are being complied fine and registered with exactly the same VQ25DET engine as the one you have which isnt passing emissions?? Did something else beside the engine channge that means the 2001-2003 meet emissions but not 2004, or do the new emission standards only apply to cars produced after the change effect date?

Cheers

[Stinky Rooster]

OK a few people have asked but i havent read a reply as yet... I still dont understand how M35's 2003 or early are being complied fine and registered with exactly the same VQ25DET engine as the one you have which isnt passing emissions?? Did something else beside the engine channge that means the 2001-2003 meet emissions but not 2004, or do the new emission standards only apply to cars produced after the change effect date?

Cheers

\/ what he said. I am pretty sure emissions laws changed at the start of 2004, and they are gonna do it again in 2008.

I hate emissions for this matter!.....

....The annoying thing for you is the fact that emissions go based on the year of the vehicle.....

[Muz]

OK a few people have asked but i havent read a reply as yet... I still dont understand how M35's 2003 or early are being complied fine and registered with exactly the same VQ25DET engine as the one you have which isnt passing emissions?? Did something else beside the engine channge that means the 2001-2003 meet emissions but not 2004, or do the new emission standards only apply to cars produced after the change effect date?

Cheers

In line with a cleaner greener world, DOTARS made an arbitrary decision that as at a certain date, ADR 79 would come into being. Same engine now has to pass tougher emissions tests. There is only cosmetic difference between 2003 and later.

cheers

Muz

[JVP]

i dunno if this helps, but there is an M35 stagea at kamikazee motors in nunawading.

[oxford1327]

just a wild suggestion here, and feel free to bash the crap out of it all of you.

why not put the car on dedicated LPG such as an injected system like the new falcon system they are doing in adelaide?

would this not get around the emissions problem???

just a thought is all

cheers oxford

[Stinky Rooster]

It would work for rego, but not fpr compliance (well, here in WA anyway)

[WazR32GTSt]

cars have to be STANDARD when they are complianced i tihnk. this makes LPG and other options out

[Muz]

cars have to be STANDARD when they are complianced i tihnk. this makes LPG and other options out

EXACTLY!

[ssshonky]

and to be honest its the principal of it all you know? the poor guy got given bum info so why should he go lpg? I mean dont take my tone in the wrong way its a good suggestion .. but yeah.. wont work unfortunately as pointed out earlier