Non completed order what to do?

Non completed order what to do?

Author
Discussion

Skyedriver

Original Poster:

17,655 posts

281 months

Thursday 21st July 2016
quotequote all
Not sure which forum to place this in but I'm looking for some genuine advice on a supply problem.
In February, after discussions with a supplier, I ordered some items which he advertises but hadn't in stock. He suggested that it would be a 12 week wait whilst he had them made.
I ordered on the understanding that they would arrive in around 12 weeks. No money changed hands.
It's now late July, 21 weeks later and still no parts. I've spoken a number of times both on the 'phone and email and get various reasons why I still haven't a delivery date.
I emailed last weekend and haven't even had a reply.

Do I
a) 'phone yet again and get some semi patronising excuse which keeps me hanging on for another two or three wasted weeks
b) ring or email him and just cancel - he's allegedly had some parts manufactured
c) walk away,forget this altogether, ignore any correspondence I may possibly get in the future and get an alternative from another supplier.

I'm not the sort of person to just drop someone in but don't like getting taken for a ride either. I feel 21 weeks is just too long and his delay is causing delays elsewhere with a project.



3200gt

2,727 posts

223 months

Thursday 21st July 2016
quotequote all
or D) give him a dead line stating the order is cancelled if not met. Then go get them elsewhere.

PurpleMoonlight

22,362 posts

156 months

Thursday 21st July 2016
quotequote all
The supplier is in breach of contract by failing to meet the agree manufacture and delivery timescale, so I would say you can cancel without to much worry (remembering you can't control his actions if he makes life awkward).

Can you source the item elsewhere, if so what's the delivery timescale?


Skyedriver

Original Poster:

17,655 posts

281 months

Thursday 21st July 2016
quotequote all
PurpleMoonlight said:
The supplier is in breach of contract by failing to meet the agree manufacture and delivery timescale, so I would say you can cancel without to much worry (remembering you can't control his actions if he makes life awkward).

Can you source the item elsewhere, if so what's the delivery timescale?
Thanks, and it's the "awkward" bit that worries me.
No I cannot order the exact same item elsewhere but there is an alternative route to the final result. (I'm being careful not to name the company or the items to avoid any link to me or to them).
To be honest, apart from the "it's set up on the machine now" and they are "off for *****" now I have no idea if they've actually started manufacture.



Zoon

6,653 posts

120 months

Thursday 21st July 2016
quotequote all
No money has changed hands, cancel it.

Simpo Two

85,147 posts

264 months

Thursday 21st July 2016
quotequote all
Zoon said:
No money has changed hands, cancel it.
Yep. Take back control. You're the customer.

KevinCamaroSS

11,553 posts

279 months

Friday 22nd July 2016
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Did you include delivery dates in your contract? If so, what were they? If long past then cancel.

dartissimus

938 posts

173 months

Friday 22nd July 2016
quotequote all
Is this general business or classic car?

Normal business rules say walk away, but classic car stuff is very different.

I nearly lost the will to live with a very skilled but disorganized classic car man.
Eventually I got the car back, six months overdue.
I had to sit him out with constant chasing, making daily unanswered phone calls, and constant pressure.

It was only a few bits & pieces; the workmanship was top quality, the cost would not have been unreasonable at +50%.

The experience was a nightmare, I'll never ask him for anything ever again, but because he had the car, or parts, I had to see it through.

I still feel angry two years later

blindswelledrat

25,257 posts

231 months

Friday 22nd July 2016
quotequote all
Did you actually sign a contract? What does that say?

Skyedriver

Original Poster:

17,655 posts

281 months

Friday 22nd July 2016
quotequote all
dartissimus said:
Is this general business or classic car?

Normal business rules say walk away, but classic car stuff is very different.

I nearly lost the will to live with a very skilled but disorganized classic car man.
Eventually I got the car back, six months overdue.
I had to sit him out with constant chasing, making daily unanswered phone calls, and constant pressure.

It was only a few bits & pieces; the workmanship was top quality, the cost would not have been unreasonable at +50%.

The experience was a nightmare, I'll never ask him for anything ever again, but because he had the car, or parts, I had to see it through.

I still feel angry two years later
I don't want to divulge the product or manufacturer/supplier as that'll leave me open to "name and shame" etc but it is not s business deal, more a personal order for items to repair something that I own and am rejuvenating for personal use, not for profit.
The feelings now are that I have waited so long for these items, been fobbed off with numerous excuses for the delays and the items aren't cheap, that my enthusiasm for the project has diminished considerably to the point where I wish I hadn't become involved.

I certainly wouldn't recommend the company to others, or make any other purchases.

anothernameitist

1,500 posts

134 months

Friday 22nd July 2016
quotequote all
if he has some parts - are they useful to you.

Buy them and source the rest elsewhere.

But if you have doubts then walk away

Simpo Two

85,147 posts

264 months

Friday 22nd July 2016
quotequote all
How about writing to him with the story to date and stating that if he doesn't deliver within 14 days the order will be cancelled? That would look fairer if it goes legal.

dartissimus

938 posts

173 months

Friday 22nd July 2016
quotequote all
Personal visit to collect bits, try & stay friendly, make your escape, don't look back.

Skyedriver

Original Poster:

17,655 posts

281 months

Friday 22nd July 2016
quotequote all
anothernameitist said:
if he has some parts - are they useful to you.

Buy them and source the rest elsewhere.

But if you have doubts then walk away
I would need all or nothing here as the various items are not interchangeable

Skyedriver

Original Poster:

17,655 posts

281 months

Friday 22nd July 2016
quotequote all
Simpo Two said:
How about writing to him with the story to date and stating that if he doesn't deliver within 14 days the order will be cancelled? That would look fairer if it goes legal.
That does sound like the decent thing to do although it gives them another two weeks to dither on and fob me off with excuses.

Skyedriver

Original Poster:

17,655 posts

281 months

Friday 22nd July 2016
quotequote all
dartissimus said:
Personal visit to collect bits, try & stay friendly, make your escape, don't look back.
Too far to travel just to be told "oh these parts aren't ready yet"

Simpo Two

85,147 posts

264 months

Friday 22nd July 2016
quotequote all
Skyedriver said:
That does sound like the decent thing to do although it gives them another two weeks to dither on and fob me off with excuses.
Agreed, but you don't know what the ground on the other side is like. He might be glad to be let off the hook, or he might (unlikely) plan to deliver it next week but hasn't told you. Or, if he wants to be silly, he might claim that he was just about to deliver, say your unannounced decision left him £x out of pocket and that he's going to sue you for it. Every fight has two sides and whilst you know your side very well, you have to put yourself in the opponent's shoes. 14 days gives him a chance to respond intelligently, or add to his demise by ignoring it.

If there is any risk it might end up in court, you must be seen to be reasonable. Even if it hurts! And the more rope you give someone, the more there is to hang them with.

Foliage

3,861 posts

121 months

Friday 22nd July 2016
quotequote all
Stop all contact, move on, put the job the back burner for 6 months if you can, if he does eventually deliver the items take 6 months to pay him for them.

Skyedriver

Original Poster:

17,655 posts

281 months

Saturday 23rd July 2016
quotequote all
Would you believe, 7 days after I wrote yet again asking for a delivery date, I get an update on progress......
You'd think he's read this thread.

superlightr

12,842 posts

262 months

Monday 25th July 2016
quotequote all
Skyedriver said:
Would you believe, 7 days after I wrote yet again asking for a delivery date, I get an update on progress......
You'd think he's read this thread.
you mean you have been stalled again? got the parts yet or a firm date?