Right to cancel order?
Discussion
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?
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?
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?
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.
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.
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