"TurboSloth" (TheTurboSloth)
08/29/2014 at 19:39 • Filed to: None
1
16|
"TurboSloth" (TheTurboSloth)
08/29/2014 at 19:39 • Filed to: None | 1
| 16 |
!!! UNKNOWN CONTENT TYPE !!!
Basically, according to the article/Deadmau5's tweet, Ferrari sent a Cease and Desist letter to have the Nyan Cat wrap removed from his car. Now, from my understanding, unlike some of their cars (FXX, 599xx), in which you have to be chosen by Ferrari to be a customer, The 458 is just a car in which you buy it, then you own it (and it stays in your garage, unlike the FXX).
Basically, what would happen if Deadmau5 refused to unwrap his car? Would it be in the contract when you buy the car from the dealer that you're not allowed to modify the car?
Arben72
> TurboSloth
08/29/2014 at 19:41 |
|
Perfectly legal for them to send the letter. They would never win due to the parody law, but they can send letters all they want.
GhostZ
> TurboSloth
08/29/2014 at 19:49 |
|
Some Ferraris (the Enzo, for example) aren't actually owned by the user, but are leased even if you pay full price for them for a certain number of years. Under the terms of the lease, they can totally write in things such as 'decent usage'. They could also consider a wrap to be an 'improper modification' that would compromise the machine.
So unless you buy it used under a lease free of these terms, or manage to get it from a dealership that doesn't have them, you've got to play by their rules or they can make the purchase null, depending on where you live and what the laws about that are.
The letter's legally depends entirely on the purchase agreement/lease made when he bought it. Private dealer with no associations to Ferrari who didn't use their provisions? No problem. Direct-from-manufacturer purchase with all of Ferrari's stipulations in place? They probably have some legal weight.
|
GhostZ
> Arben72
08/29/2014 at 19:50 |
|
Depends. If he's leasing the car and signed a contract, they could very well repossess him and refund his purchase under breach of contract, and it would be on him to take them to court to get the car back.
dogisbadob
> TurboSloth
08/29/2014 at 19:51 |
|
Their C&D letter has no teeth, but you gotta remember, Ferrari is an Italian company, and as such has mafia roots and practices. If you've ever seen or heard of Godfather, the Sopranos, Al Capone, etc, then you know the deal.
Too bad Honda didn't write letters like that to all the kids that rice the Civics and Integras haha ("Please stop ricing our Civics and Integras with stolen parts, or our lawyers will have to bring out their katanas.")
Jcarr
> TurboSloth
08/29/2014 at 19:52 |
|
While I fully support his right to do as he wishes with his property (assuming he does own the car and not lease it), I agree with Ferrari that this thing looks ridiculous and stupid.
Brian, The Life of
> TurboSloth
08/29/2014 at 20:01 |
|
Nothing would happen. Ferrari could send another ridiculous letter but they have zero legal recourse and are merely exposing their douchenozzle corporate culture.
SonorousSpeedJoe
> TurboSloth
08/29/2014 at 20:17 |
|
I think they're trying to use the "Purrari" name (IDK if that's what he's actually calling it) as the basis for their case. Protecting their trademark and such.
That's how Ferrari spins, I guess. I don't like it and would've preferred to see the wrap stay on.
Jordan and the Slowrunner, Boomer Intensifies
> GhostZ
08/29/2014 at 20:32 |
|
The Enzo is not one of those, it's the FXX race cars you are thinking of.
|
GhostZ
> Jordan and the Slowrunner, Boomer Intensifies
08/29/2014 at 20:36 |
|
I'm fairly certain that the Enzo was on a lease program too. The FXX was invitation-only, which is a very different thing. You could go and buy an Enzo, you just couldn't claim ownership until about 3 years or so afterward.
|
GhostZ
> Jordan and the Slowrunner, Boomer Intensifies
08/29/2014 at 20:39 |
|
Followup to my previous post after a little internet research, it seems that the F50 was the start of the trend, with the Enzo following if you bought from Ferrari Directly. FXX and other race cars is the "own the right to use it occassionally" and much more restrictive, but the Enzo, F50, probably La Ferrari and maybe even the F12 are "Prove first that you can own this without damaging it or ruining it in any way, or we can repossess at any time." agreements.
|
Jordan and the Slowrunner, Boomer Intensifies
> GhostZ
08/29/2014 at 20:42 |
|
How did this get created if that were true?
|
GhostZ
> Jordan and the Slowrunner, Boomer Intensifies
08/29/2014 at 20:57 |
|
1. Because Gemballa is a company, not a person. Their purchase agreement for the base Enzo from Ferrari was probably vastly different, and they definitely have a contractual approval to do what they do to cars.
2. That, or Ferrari chooses not to enact that 'reposses' demand. Just because Ferrari prevents you from owning the car doesn't mean they have someone hovering over your shoulder at all times, they'll only reposses if it starts to damage their image, but they would still reserve that right.
3. OR, Gemballa, being in South Africa, has a loophole that let them break the contracts people have with Ferrari and make new ones. You're dealing with 3 country's laws (Italy, owner's country, and South Africa).
4. OR, OR, It is wholly illegal to do, but Ferrari equally doesn't have legal ability send an army to go reposses it either in South Africa or the owner's country, and realizes that it isn't damaging their brand enough (especially because, again, Gemballa is a third-party company, much harder to go after them for damaging a brand than an owner).
5. OR, OR, OR, Gemballa is purchasing Enzo chassis wholesale and finishing the cars themselves, meaning that they are considered the final manufacturer, so they are free to issue whatever purchase agreement or contract they want. This would be the equivalent of Ferrari disowning the vehicle and not claiming it to be a Ferrari anymore.
6. OR, OR, OR, OR, Ferrari's purchase agreement passes through to whomever owns the Gemballa, unmodified, as it doesn't apply to Gemballa but still applies to whomever owns the chassis (Gemballa's buyer).
When you're a company making a business out of it in a another country, there's tons of loopholes to get around what are normally end user purchase agreements.
It's interesting to note that, as a result, this is one of the most tasteful Gemballa creations, I think.
shinsen
> Jordan and the Slowrunner, Boomer Intensifies
08/29/2014 at 20:58 |
|
needs more vents.
|
GhostZ
> dogisbadob
08/29/2014 at 21:00 |
|
Honestly, Honda would be better off writing letters to people who badmouth their company threatening to send riced out civics and integras to rough 'em up a bit.
Also, this:
If you've ever seen or heard of Godfather, the Sopranos, Al Capone, etc, then you know the deal.
This made me chuckle.
|
Arben72
> GhostZ
08/29/2014 at 22:15 |
|
You could be correct, I forgot about buying a new ferrari b.s. That's why I prefer porsche.
gmporschenut also a fan of hondas
> GhostZ
08/30/2014 at 01:39 |
|
There is the unofficial rule that you give the dealership or Ferrari the first chance to buy back the car or you're off "the list". The 3 year probation is unofficial. It's to keep people from putting their deposit down, wait and when it arrives, then turn around and sell them with a 25% mark up for people who don't want to wait or are off the list. 1:35 My uncle's golfing buddy after waiting 2 years for his 430 was approached if he wanted to turn around and make 50k.
Off the list means you will never be able to custom order a new one.
The requirement to be asked if you wanted an Enzo was to be a long term Ferrari loyalist. Particularly some of the more recent high value models F40, F50. It's why they commend huge mark ups.
http://jalopnik.com/is-this-the-fi…
http://jalopnik.com/rich-guy-buys-…