Manufacturer refusing to supply paid for goods
Discussion
This may not be an entirely hypothectical situation, as it is still playing out. About 3 months ago I ordered a set of wheels to be made, and paid in full (£1700 'ish). Upon delivery, the wheels did not meet my written spec (wrong offet) and the finish was poor. I rejected the wheels, and the manufacturer collected them. Upon inspection by them, they mostly agreed with my comments re: poor finish, and after some technical waffle which they hoped to baffle me with (unsucessfully), they agreed to dismantle the 3 piece wheels and have one section re-made to the corect size. They were very defensive about the whole process though, and threatened to cancel the deal. I persuaded them not to as I want the wheels. Delivery was then twice promised to be before Easter. I checked with them yesterday, and delivery will not now be until after Easter sometime - no date specified. My written response was one of disappointment, with a hope that the wheels would meet my expectations after such a long wait. Their response to this was to say that they will now cancel the order and refund me. I really still want the wheels. Can they unilaterally cancel on me, and where do I stand as far as the cost of the potentialy useless (to me) tyres which I have? Any guidance gratefully received.
Mods - please do not move this to SP&L
Mods - please do not move this to SP&L
I'd suggest you take the hint and look for another supplier.
If you need their wheels more than they need your money I'd suggest not lobbing any stones around. Antagonising them is not a smart move. Why not apologise and talk to them about sorting it our?
I'd say you can whistle for the tyre costs as it's unwise to commit to buying tyres for wheels that don't exist. Can't see a court saying otherwise.
If you need their wheels more than they need your money I'd suggest not lobbing any stones around. Antagonising them is not a smart move. Why not apologise and talk to them about sorting it our?
I'd say you can whistle for the tyre costs as it's unwise to commit to buying tyres for wheels that don't exist. Can't see a court saying otherwise.
Number 7, the contract is for the supply of wheels and that can be cancelled for a number of reasons i.e. not up to standard, wrong type etc. As long as they put you back in the position which you were in beforehand which in this case will be a monetry refund then the contract is classed as discharged.
As for the tyres then unfortunately there would be no comback on this cost as they were not to know that you had purchased them.
I hope this clears it up, obviously there is a lot more to the law of contract however this is a quick version
As for the tyres then unfortunately there would be no comback on this cost as they were not to know that you had purchased them.
I hope this clears it up, obviously there is a lot more to the law of contract however this is a quick version
I'm not a leagal bod, but I don't believe they can just give you your money back having agreed to do the work. What is their given reason?
If you hadn't paid or the wheels were up for sale for £1700, they can refuse to sell them to you, but having accepted to do the work and been paid for it, I don't think they can legally just say "ah, we're not making them now, you've been too demanding" or they just don't fancy doing it - you have a binding contract with them.
In theory.
In practice, it will be difficult to force them to offer a good service so, unfortunately, as above, you're probably better off just taking your money and remain content when alerting others to their pretty poor service.
If you hadn't paid or the wheels were up for sale for £1700, they can refuse to sell them to you, but having accepted to do the work and been paid for it, I don't think they can legally just say "ah, we're not making them now, you've been too demanding" or they just don't fancy doing it - you have a binding contract with them.
In theory.
In practice, it will be difficult to force them to offer a good service so, unfortunately, as above, you're probably better off just taking your money and remain content when alerting others to their pretty poor service.
It sounds odd to me that having done all that work they'd rather write off £1K+ than reply to your letter, or even just ignore it and deliver the wheels in a few weeks. It sounds to me like they're having trouble with them in which case it's best you cancel. The fact they f
ked up an offset and the finish doesn't bode well. As for the tyres, what's stopping you using them on any other set of similar sized wheels?
ked up an offset and the finish doesn't bode well. As for the tyres, what's stopping you using them on any other set of similar sized wheels?Pork said:
I'm not a leagal bod, but I don't believe they can just give you your money back having agreed to do the work.
I'm sure there was a similar case on PH a while ago where it was discussed what would happen if a person agreed to buy a car from a dealer at a really low ball price, but the dealer then sells to someone else for a higher price. I think the conclusion was that the dealer had to supply an alternative car at the same price.So that would translate to you going to another wheel manufacturer and if they cost more than the quote from the first manufacturer, then they would have to pay the difference to get them made by the 2nd.
rhinochopig said:
Out of interest is the company based in the West Mids by any chance?
N&S prevents me from saying. Unfortunately, they seem to be in a market of one, so I guess they feel that they can call the shots. And they did know well in advance that I bought the tyres (n fact they originally quoted for them, but were too pricey), which are no good to me as they are not the same size as my existing wheels.
streaky said:
Number 7 said:
Mods - please do not move this to SP&L
Why not? Asks he, reading it in SP&L. 
Streaky
Should have slipped the mods a bottle of something peaty to have them keep it where he wanted it!
Mill Wheel said:
I feel somehow insulted... as if our advice is somehow just not good enough...!
Should have slipped the mods a bottle of something peaty to have them keep it where he wanted it!
Seems the right place for this post. Where did you put it originally ?Should have slipped the mods a bottle of something peaty to have them keep it where he wanted it!
It's a very well read part of the site.
Ex77
Exige77 said:
Mill Wheel said:
I feel somehow insulted... as if our advice is somehow just not good enough...!
Should have slipped the mods a bottle of something peaty to have them keep it where he wanted it!
Seems the right place for this post. Where did you put it originally ?Should have slipped the mods a bottle of something peaty to have them keep it where he wanted it!
It's a very well read part of the site.
Ex77
Specific performance of a contract will only be ordered in the case of land or in the case of a unique object such as, say, a painting by Picasso. Otherwise, if you have to pay more to obtain similar goods elsewhere, you could, as noted above, claim the difference in price from the party which defaulted on the original contract. As most people have advised, take the refund and shop elsewhere.
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