Who is in the right here (embryonic tyre dispute)

[Somewhatfoolish]

The situation so far:

Large Tyre Company said:

Dear Customer,

Thank you for placing an order for two Michelin Pilot Alpin 5 255/35R21 98 W XL and two Michelin Pilot Alpin 5 275/35R21 103 V XL tyres.



Unfortunately, we were advised by the warehouse that the last two pieces of 255/35R21 tyres were deformed and could not be dispatched. Please accept our apology for the situation and inconvenience this caused.



We could get those in from the continent, but I’m afraid we would have to ask for an additional 146 GBP in total in such case.



We could offer this tyre as an alternative if the car does not require the use of same brand of tyres on front and rear. These are more expensive, but we could match the price you paid originally as an apology.



Vredestein Wintrac PRO+ 255/35R21 98 Y XL


Alternatively, we may cancel this part of the order and issue a refund for these two tyres.



Please advise regarding your decision.



Kind regards

xxx

Somewhatfoolish said:

Hi xxx,

I think there's some confusion here and I may have been mixed up with a trade customer. I'm but a simple consumer who's bought the tyres off you guys and your difficulties in fulfilling the order are (while you genuinely have my sympathy!) just one of those things about running a multinational company with a complicated supply chain. Win some, lose some, as they say.

Instead, might I suggest that you adhere to your terms of the sale (such as section 7.4 "We are under a legal duty to supply you with goods that are in conformity with this contract.") and obtain the tyres off the continent - as you've just made absolutely clear is within your capability (and thus none of the clauses in section 5 apply) - at your own expense and I shall forever be singing the praises of oponeo and their excellent customer service to those who will listen? I may even be a repeat customer.

I would appreciate an answer within 48 hours - it's expected to be snowing tomorrow up here. I do understand that it might take a bit of time for the above to be signed off and I prefer to keep this amicable. Personally I'd be going back to the manufacturer for deforming them...

Cheers,

Large Tyre Company said:

Dear Customer,

Thank you for your reply.



There are no more tyres we have in the warehouse in the UK of this size and type that we could dispatch. These were the last two and both were not fit for sale after warehouse staff picked them. The possibility of getting them in from the continent was raised as we understand this is a massive inconvenience for you, and it would be at a loss for us already. I’m afraid this is the best we could offer.



Please be advised that by section 5 point 1 subpoint a) of terms and conditions, we reserve the right to cancel the contract between us if we have insufficient stock to deliver the goods you have ordered.



If you are not interested in the alternative tyre, we may issue a refund for the value of two Michelin Pilot Alpin 5 255/35R21 98 W XL we cannot supply.

Somewhatfoolish said:

Hi,

But you can supply them. You said you could source them from the continent.

Kind Regards,

TBH if they'd just cancelled my entire order (for both axles) at the beginning I'd be "meh", but it doesn't feel right to me to be trying to supply me with mismatched axles or alternatively the same tyres at an extra price simply because they've had internal difficulties. This isn't some mother + father firm, it's one of Europe's largest tyre suppliers (with a UK operation) so I'm not too fussed about this "supplying from the continent" thing.

Unrelated but two of my credit cards got blocked trying to buy the tyres in the first place for some reason, so they had already irritated me a bit.

My super basic knowledge of the law is that we have a contract for them to supply me with the four tyres, so they should. And if they make a loss on it then that's on them. And even if I'm wrong about that, something something consumer rights act.

I probably shouldn't have sent the most recent email without thinking a little bit more. But the above is where we are.

[Simpo Two]

I think they have the right to cancel the contract and return your money. They've given you a fair and reasonable explanation.

It's not worth a fight, just get them somewhere else.

[Super Sonic]

They have the right to cancel if they have insufficient stock. They are not obliged to buy in more stock to fulfil your order (aiui).
The right to cancel they are claiming is based on their present stock, not any potential future stock.

[paul_c123]

A supplier can cancel, or choose which customer they sell to, if they wish.

[valiant]

Can you not source these particular tyres from another retailer?

If so, just take the money and get them ordered from elsewhere.

[Somewhatfoolish]

Super Sonic said:

They have the right to cancel if they have insufficient stock. They are not obliged to buy in more stock to fulfil your order (aiui).
The right to cancel they are claiming is based on their present stock, not any potential future stock.

To be clear, they have the stock. Just in one of their operations abroad. At least that's how I understand their email.

[Somewhatfoolish]

valiant said:

Can you not source these particular tyres from another retailer?

If so, just take the money and get them ordered from elsewhere.

It's not as simple as that either from how they've emailed it. They're only talking about cancelling one axle.

Still, it's interesting that so far no one's on "my side". I thought this was clear cut in my favour so if I'm wrong about that I'll certainly reconsider.

[Super Sonic]

If they wish to cancel the contract, it was to supply four tyres, so if they can't do that I would imagine you would be entitled to get a full refund so you can source four matching tyres elsewhere.

[valiant]

Somewhatfoolish said:

It's not as simple as that either from how they've emailed it. They're only talking about cancelling one axle.

Still, it's interesting that so far no one's on "my side". I thought this was clear cut in my favour so if I'm wrong about that I'll certainly reconsider.

Yeah, I get that you’re only receiving two tyres but this has ballache written all over it and could well take time to come to a satisfactory conclusion when you could just buy two tyres from elsewhere and move on with your life.

I suppose getting a bit arsey on X and whatever other social media they’re on can sometimes yield results so maybe worth a shot.

[Jakg]

I think a claim for "loss of bargain" may apply, but good luck enforcing it.

</barrack room layer>

[GasEngineer]

I've had a similar issue with a large supplier (but not tyres). There were 4 items in the order.

My guess was that they had underpriced the items as they were a very good price in comparison to everywhere else.
They said all four items were damaged. bks I thought, you just don't want to sell them to me for that price. So I said that's not a problem - please just send "my" damaged items that I have already bought from you and I will decide if I can use them.

They wouldn't budge and cancelled the order. As I was anticipating, I noticed they had the same items a couple of days later for sale at a significantly higher price.

Contacted them to ask can you now send me the items that you now have in stock but they replied to say no problem but your order was cancelled and you'll have to reorder. Yes but the price has now gone up.

Got nowhere in the end.

Perhaps the same in your case and Openone have realised they have underpriced.

[IJWS15]

Are you dealing with a UK limited company?

If so it would be difficult to argue that they hold stock in Europe, another group company may but not them.

[TheDrownedApe]

they are right, move on

[carl_w]

Somewhatfoolish said:

The situation so far:

Large Tyre Company said:

We could get those in from the continent, but I m afraid we would have to ask for an additional 146 GBP in total in such case.

Another Brexit bonus, plus you'll be waiting weeks while they sit on the dockside at Felixstowe. I had this problem last year.

[ozzuk]

I think you're being somewhatfoolish mistakes happen, they offered resolution and your reply comes off a bit entitled (prefer to keep this amicable?).

[eeLee]

I don't believe it.

[Yellow Lizud]

"we were advised by the warehouse that the last two pieces of 255/35R21 tyres were deformed and could not be dispatched."

I'm intrigued as to how a multi national tyre company, that presumably stores millions of tyres, can store tyres that are 'deformed'.
What does that even mean? Deformed during manufacture or deformed during storage?
Is this a regular occurrence in the tyre industry?

I suspect the answer to my question is that it's complete bks but I'm genuinely interested to hear from anyone who has come across (new) 'deformed' tyres because I've never heard of such a thing.

[Drawweight]

Yellow Lizud said:

"we were advised by the warehouse that the last two pieces of 255/35R21 tyres were deformed and could not be dispatched."

I'm intrigued as to how a multi national tyre company, that presumably stores millions of tyres, can store tyres that are 'deformed'.
What does that even mean? Deformed during manufacture or deformed during storage?
Is this a regular occurrence in the tyre industry?

I suspect the answer to my question is that it's complete bks but I'm genuinely interested to hear from anyone who has come across (new) 'deformed' tyres because I've never heard of such a thing.

It sounds more like their stocktaking system has let them down and the 2 tyres don’t actually exist.

Rather than admit that they make up some story.

[Matt_E_Mulsion]

Whether the tyres actually existed or not, at least you haven't ended up with a pair of potentially faulty tyres, because that would have turned into an even bigger problem to resolve once they had been fitted.

[mmm-five]

If I'm correct in assuming you've not received any tyres, then just cancel and reorder from somewhere else.

If you have received 2, then ask for them to be picked up when they fully (not part) cancel the order, and reorder from somewhere else.

...or are winter tyres of this size difficult to find, and did you get a VERY good price on them that you can't match anywhere else?