Cancelling order with a window company

[jamesuk28]

Lurking Lawyer said:

jamesuk28 said:

????? Its not only the profit element, its the cost of manufacture too. The margin (profit) may be very small compared to the cost of the product.Furthermore with a tailor made product such as this the Claimant may not be able to sell the door on. His claim would be cost of product plus profit. If that is not the total value of the contract what is?

True - but only upto a point.

It depends on whether the company can prove that it has already started to manufacture the doors/windows to fulfil the OP's order. If it hasn't, it doesn't have any costs of manufacture. Given that a party alleging breach of contract is under a duty to mitigate its own loss, it would not be able to recover those costs of manufacturing if it then proceeded to incur them after the OP had indicated his intention to no longer be bound by the contract.

Admittedly, I typed my answer after skimming through the OP's post and on the assumption that the company would not have manufactured the units yet. if they have already started work then, yes, I would accept that costs incurred to the point of cancellation should be recoverable, if the company can't use them to fulfil another order.

You should never assume.................... It makes an ass out of "U" and an ass out of "ME"

[bossgriff]

I can't believe that £169 covers the cost of a made to measure patio door. Usually when you order most things that are made to measure or special orders you have to pay for the item on the placement of the order and payment is non-refundable.

With this order the company only took a deposit not the full cost of the patio door which leads me to believe that although they said it is made to measure it is most probably a standard size which they could sell on.

Edited by bossgriff on Friday 16th February 21:57

[andy g bmth]

A company is also legally entitled to claim loss of profit as well as costs incurred which could easily add up to £500+ (based on 25% profit margin)for your unit.

Ask them what costs are involved and how much you have to reimburse them to pull out of the contract

[Lurking Lawyer]

andy g bmth said:

A company is also legally entitled to claim loss of profit as well as costs incurred

I believe I said precisely that!

[andy g bmth]

Sory was at work so didnt read all the posts!