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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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If I order collection of a package from a company who provide

Customer Question

If I order collection of a package from a company who provide courier services, and they take the money and invoice me for collection on a certain day, and then send me a paid invoice with the details of the agreement on collection, is this considered a legally binding agreement to fullfil a service outlined in the invoice/agreed timescales at the time the money is taken?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you agree that time was of the essence?
Customer: replied 2 years ago.
Yes, we ordered next day delivery to ensure that our product reached the customer by tomorrow as they ordered for a birthday. This is why we selected next day delivery and paid, as the receipt states:Collection Date: 09/11/2015
Collection Time Requested: Between 15:00 and 19:00
Expert:  Jo C. replied 2 years ago.
OK. Did the contract use the term 'time is of the essence'?
Customer: replied 2 years ago.
No, the service was selected via an online portal. I would think that by paying for next working day delivery and being provided with a collection time would be enough of an indicator that they would actually turn up after taking my money!
Expert:  Jo C. replied 2 years ago.
I am not sure this is really my area so I have asked others to look at this.