Delivery Contracts.

[davemac250]

Could anyone with knowledge on paid for deliveries not being made give some advice?

I ordered some flooring to.be delivered this Saturday, paying for a weekend delivery.

The couriers forgot half the order and left it in their warehouse.

I was promised it would be delivered first thing Monday. It never showed up. The courier didn't have it on the lorry - they have confirmed this. Supplier has said it would be delivered in writing.

I was then promised it yesterday, it made it onto the lorry but again never showed up. Driver apparently ran out of hours it had been put on the deliver run as the last item to be delivered, I was promised, in writing, it would be delivered first thing.

The store refunded me the delivery charge yesterday without prompting.

However, the floor was/is going to a property in France. I've had two contractors sat waiting for Delivery, cancelled ferry crossing and am now going to have to make a trip of my own to deliver the remaining floor as I can't leave the builders sat in the UK being paid to eat biscuits.

Building supplier have said they accept no responsibility for the missed delivery or third party costs and have this in their T&C's

I'm around £750 out of pocket, not including the trip i will now need ti make, and from my side feel pretty aggrieved that this is due to other peoples cock ups. And that I was lied to over the Monday delivery attempt.

Are the T&C's fair in attempting to absolve them from any blame? Does that I paid for the delivery make a difference?

Thanks.

[Ekona]

If the delivery date was so critical, you should've expressed this to them and had a term put into the contract stating that they'd be responsible for any extra costs if the delivery failed. As you didn't, then they're not legally responsible for your extra costs.

I mean, I have sympathy and even if you had asked for that term to be inserted they'd have told you to get stuffed, but in theory that's the correct way to do things if you know there could be issues if something is late. You'll just have to suck this one up I'm afraid.

[justinio]

Annoying, but the delivery company are not liable for consequential loss.

You've had the delivery cost refunded, and I would say thats all you're likely to get.

[Durzel]

As above, you shouldn't rely on delivery and most (all?) of these places will explicitly have it in their T&Cs - which most people never bother to read - that they are not liable for any consequential losses, and that delivery dates are not guaranteed (even the ones sold as "next day" etc).

Whoever this company is sounds a bit unprofessional, but at the end of the day being a bit crap doesn't give you any recourse contractually.

[E36GUY]

Annoying for sure but refund of the carriage charges is all you are due.

If you had such a tight deadline for stuff to be shipped abroad, why didn't you plan for that and order it earlier?

[Alucidnation]

Good luck getting that back.

Most people would wait until the items were on site ready, before instructing any contractors.

[SantaBarbara]

You should have stressed "Delivery date is of the Essence of this contract"

[Toaster Pilot]

Why would you self ship flooring to France? Can you not buy it there?