How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

we ordered a stock item wardrobe and chests of drawers and

Resolved Question:

we ordered a stock item wardrobe and chests of drawers and were quoted 6-8 weeks delivery. They're now quoting 16 weeks.
On the back of the invoice it states 'time for delivery by the seller shall not be of the essence of the contract'.
Where do we stand if we choose to cancel the order and ask for our deposit back?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did you do the original deal over distance?
Customer: replied 3 years ago.

Not sure what you mean.


We did the deal in a shop which deals with many different manufacturers. The salesman quoted about 8 weeks lead time.


Apparently the furniture has arrived from Germany but the best date the manufacturer/installer can give us is June (we ordered on 15 Feb)

Expert:  Jo C. replied 3 years ago.
Ok.

And I presume that similar items were there for you to inspect? so you could see the product when you ordered it?
Customer: replied 3 years ago.

Yes

Expert:  Jo C. replied 3 years ago.
Thanks.

The distance selling regulations do not apply then so you cannot cancel automatically.

Unfortunately time is not of the essence in this contract so the delay does not amount to a repudiatory breach allowing you to cancel.

However, you are only under an obligation to wait a reasonable time and I do think 16 weeks is excessive. What you need to do though is write to them giving them 14 days and making clear that in default you will cancel and sue for the return of your deposit.

In truth, even if you do cancel unlawfully they still only have a claim for the sum of their loss which would amount to some administrative costs that would be nothing like the sum of your deposit.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

That's fine thank you

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Jo C. and other Law Specialists are ready to help you