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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I purchased a Granite Worktop. The delivery was scheduled and

Resolved Question:

I purchased a Granite Worktop. The delivery was scheduled and confirmed for last monday. I was asked to pay the remainder of the purchase price before delivery. I paid the remainder minus £200.0 The delivery did not happen. Since then I was promised delivery every single day. Every day I made arrangements , every day I was told last minute that the delivery would not happen. Yesterday I sent an E-Mail to the Companies Director informing him delivery of the worktop totady was of the essence since we did not have a functioning kitchen until the worktop is installed. Todays Deelivery was again postponed until monday morning. I would like to claim compensation. What can I do ?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, thanks for your question. My name isXXXXX can answer your question.

tdlawyer :

Are you asking whether you can claim compensation for the inconvenience?

Customer:

Yes.

tdlawyer :

Okay. Unfortunately, you cannot claim compensation for stress/inconvenience for this type of claim. I know it's frustrating, I've had this problem many times! However, if you told them you had to take a work holiday, for example, to be at home to take delivery, then you might be able to claim for that - for the loss of amenity, but simple inconvenience without financial loss is not something you can recover for.

Customer:

My financial loss is that we have not been able to cook and had to eat out of house for a whoile week. is that recoverable ?>

tdlawyer :

In theory, yes, this would be recoverable if the cause of this was the breach of contract (i.e. the obligation to deliver).

Customer:

OK thanks. If this goes on any longer I would rather have my money back and go somewhere else. is that adviseable ? They appear to have manufactured the worktop so have themselves incurreed some cost. Could I recover all moneys paid to them ?

tdlawyer :

Yes, it should be possible to say that if they fail to deliver, after time has become of the essence, that you can end the agreement and go elsewhere to have the work done. Then, you would sue the old supplier for the cost of the new replacement top (which might cost more).

Customer:

I have another question regarding this worktop. Am I still covered :) ?

tdlawyer :

Yes, that's fine :)

Customer:

OK. In order to choose the stone the company gave us the address of their Granit supplier in order to pick the slab we wanted turned into our worktop. We have sionce called this company and it appears theey never picked up thee slab which we chose. Should we refuse delivery altogther and cllaim our money back or take the delivery , (Have a functioning Kitchen) and then demand they make a worktop for us with the stone we chose.

tdlawyer :

Technically, if what you asked for is not what is being delivered, then you could reject the consignment.

tdlawyer :

This is because a failure to deliver the thing ordered is a breach of a key condition of the agreement under the Sale of Goods Act 1979.

Customer:

Then we have no worktop and probably need to sue to get our money back. Getting them to fit it and then demanding replacement is not an option ?

tdlawyer :

Not really an option if you know they'll be fitting something that isn't right - you might be held to have waived your rights to say it's not the correct thing that's to be fitted.

Customer:

OK. Thanks for this info. I am a little wiser now.

tdlawyer :

You're welcome. Do you want me to clarify anything else about this for you?

Customer:

Thanks much clearer now :)

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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