Right to cancel order?

[GreigM]

Just looking for some quick legal advice. I ordered a custom exhaust to be made up some time ago. The promised timescale for delivery has now passed and so has my reason for buying (needed it for an event, have missed the event due to the delay). I paid no deposit and am reasonably certain the company involved has not commenced work (its a quick job for them, but they are busy and have long wait times) - can I simply cancel and walk away at this point? Or can they insist on me making payment, and what happens if I refuse?

[Chrisgr31]

Whst do the terms and conditions say? Was the supplier aware you needed it for a specific event?

[GreigM]

There are no terms & conditions, no deposit, it was just an email exchange along the lines of:

Me: Can you supply x and how long will it take?
Them: Yes, 4-6 weeks
Me: Go ahead and let me know how to pay.
Them: Ok, we'll be in touch nearer the time to arrange payment.

So while I didn't specify the exact date, I went ahead on the basis that "4-6 weeks" would comfortably have seen the job complete in time. I'm not trying to be an arse - if they genuinely have started the job and have committed real money to it then I'll take delivery, but I'm 100% sure that isn't the case so where do I stand legally on just calling it quits?

[mikeveal]

People still like to talk about distance selling regulations, but they were replaced in 2014. Here's a summary of the new stuff.

http://www.which.co.uk/consumer-rights/regulation/...

I don't think there's anything in there that would help you. Presumably the 14 days have been and gone.

So to cancel, you'd have to show that the other party are in breach of contract by not delivering on time. If you didn't make it clear that 'time is of the essence' when you formed the contract then you might struggle.

http://www.nolo.com/legal-encyclopedia/time-of-ess...
https://www.contractstandards.com/clauses/time-ess...

IANALIAJABOTI, but I hope that helps.

[Vaud]

Custom parts are also exempt from some of the legislation IIRC

[TVRnutcase]

Step 1) ring, as in talk, to the company.... Have they started the job?
2) if answer is no... Then state no need to start
3) if answer is yes... State that you had been thinking of cancelling due to time delays
4) they may have been bluffing by saying yes.



Honestly is it that hard to have a conversation... Go with the flow and sort it out by talking..communication, before thinking what your "rights" are?

[anonymous-user]

IANAL though I wouldn't have thought the delay at this point would allow you to walk away unless delivery by a specific date was explicit in the contract. Whether they have commenced the work might be irrelevant, as it's the loss of profit that would be their loss. If they had already built the item they might mitigate by selling it to someone else, although if it's very custom this might be difficult.

[cat with a hat]

TVRnutcase said:

Step 1) ring, as in talk, to the company.... Have they started the job?
2) if answer is no... Then state no need to start
3) if answer is yes... State that you had been thinking of cancelling due to time delays
4) they may have been bluffing by saying yes.



Honestly is it that hard to have a conversation... Go with the flow and sort it out by talking..communication, before thinking what your "rights" are?

They might lie and say they've started the job?

[GreigM]

While "time is of the essence" was not a phrase used in the discussion, the timescale for delivery was discussed before giving the go-ahead, and from my side was the decider that they got the job. I did mention the timescale in my final "order" email also with a "I look forward to taking delivery in 4-6 weeks".

As for "custom" that is perhaps an over-statement, "made to order" is probably more correct as they make it to an existing pattern/design, but they don't have them on the shelf and ready to go.

I would have a conversation with them about it, but the receptionist answers the phone and simply tells you to email (which goes unanswered), which has resulted in my current request for advice. I want to know where I stand legally before sending a more forceful mail. As I said, I also want to be fair - if they have genuinely started work and are hours away from delivery then I will happily pay as agreed. However I don't want them to be able to hold me to the agreement when there is in reality no loss to them to just drop it and walk away.

[mikeveal]

"Hi, I'm getting a bit frustrated that you've not completed this work in the time you quoted.
Could you please explain to me what has caused the delay?
Could I pop round and have a look at your progress so far, or can you email me some pictures?
How much longer is this likely to take?
Many thanks"

I had similar problems with a custom exhaust manufacturer in West Quay / Millbrook Rd, Southampton. I had to turn up with a trailer to take the car away to force the guy to do the work. He quoted two weeks and took nearly three months.

[superlightr]

so 4-6 week. And how long has it actually been todate?