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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Contract law - I am working with a supplier who is

Customer Question

Contract law - I am working with a supplier who is delivering a web site and other services. I do have a very basic agreement with them. However I am not happy with their service levels, they have missed two deadlines for providing the web site. The service is not up to scratch therefore I wish to terminate the agreement. I would like a refund on the monies I have paid. I would be happy to pay for anything that they have done so far but long term I do not feel that they can deliver. They have only delivered 3 x 1 hour meetings, and very light copy editing of a three word documents I wrote. I have to chase them all the time, and the goalposts are shifting. I have not paid the full amount - thank goodness. My faith in their ability to manage the projects and deliver has been shattered. I do have copies of the agreement and I would like to know my options for terminating the agreement. Thank you, Sarah
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What does it say about termination please Sarah?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Do you have a number we can chat on Sarah?
Customer: replied 1 year ago.
Hi Alex
it is 07531 228089thanks, Sarah
Expert:  Ash replied 1 year ago.
I will call shortly Sarah.
Customer: replied 1 year ago.
Hi Alex. So I got a rather apologetic, long email from the supplier who is in holiday in NZ. I asked for delivery of the internet site by 6 April. He has informed me that he has seen that the project is moving along. When I mentioned breach due to trust and confidence (as per our discussion) he asked if this was an indication about whether I wanted to cease working with them or not. I restated my position and said I wanted to see the product as we are now into 100 days beyond the 50 days delivery phase. He came back with some waffle and said he would speak to the lady he left in charge on 6 April, if not when he returns 15 April. I have said that leaving it until 15 April is not acceptable and I want a clear response on delivery date, especially if he has seen the work progress. I think I am being reasonable. He asked what I have seen and I responded nothing. My position is that I want a clear delivery date. If I am honest, I do not want to work with them anymore unless they significantly turn things around as I cannot continue to work in this void of communication or action. It is not acceptable. This is a business. What is your recommendation. If I do not hear anything or get a clear date within the next 24./48 hours is it reasonable to terminate the contract, ask for a refund on the 5k paid, or partial refund. I do not want to be liable for the full amount. I either want the service delivered, or my money back. This way of work is totally unprofessional. thanks, sarah
Expert:  Ash replied 1 year ago.
Yes, its the same as we discussed yesterday. I would give them a short time.Alex
Customer: replied 1 year ago.
I have asked for 6 April. Let's see what happens. I am sure I will be in touch for some advice because if they do not deliver I will need to write a well crafted email to indicate that I want to have a refund, and cancel the agreement. Is that possible?Thanks, Sarah
Expert:  Ash replied 1 year ago.
Yes if that is the case. Alex
Customer: replied 1 year ago.
Hi Alex. So the supplier has been doing bits and pieces and communicating via email. All work that was due months agao. I got an email from the boss and he cannot deliver the web site today as specified but has committed to show me something on Sunday when back from holiday. Where my thinking is now, well whilst I can see he is trying his best to put things right, I cannot and do not wish to continue working with them. I am paying them a lot of money and do not want to work in this haphazard, disorganised way as it may affect my business and revenues. I do not feel I can rely on them.My plan is to get them to deliver on Sunday review the work and have a conversation with him next week to say, deliver the web site and we call it a day, and agree what I pay, or if the work isn't that great when I see it negotiate a partial refund. I have real concerns that if they are responsible for my web site and web site products that they will be unable to support my business properly. So where do I stand legally on all that? Thanks, sarah
Expert:  Ash replied 1 year ago.
I would agree. You gave a deadline and it was breached. Alex
Customer: replied 1 year ago.
Thanks. So where do I stand contractually because I can't see anything that says about notice periods etc. Would it stand up in court if needs be if I said: Dear X, after consideration I am afraid that, as earlier stated, I believe there has been a fundamental breach of trust and confidence, I want to exit the contract. The deadline provided was not met, and there have been a whole host of issues as outlined in earlier emails, and documentation. I do not trust that ABS/IIS has the ability and capacity to support my business and I have concerns that will impact my professional reputation and revenues. Therefore , there are a number of options I want to put to you:Full refund of investment made and immediate terminationAn agreement around what has been delivered already, these are X, X, X and the cost of those items. All materials delivered to myself so that they can be further developed. An immediate cancellation of the contract, and a partial refund of the monies already paid.Please let me know your response by COB today xx add date.
Expert:  Ash replied 1 year ago.
Because if deadlines have been passed, you have given a final opportunity and they still havent completed it.Therefore if they breached the deadline and your final demand, they are in breach.You dont have a fully functional product which has been promisedDoes that clarify?Alex
Customer: replied 1 year ago.
HI there, I am afraid not. What I want to know is if I send that message can I ask for a refund of the full amount on the basis you say above. Sarah
Expert:  Ash replied 1 year ago.
Yes the full amount. Alex
Customer: replied 1 year ago.
Hi Alex. They delivered a test site albeit it late. I hate it. It's not on brand guidelines, the copy has not been agreed or discussed with me. i cannot use it. It looks tacky and cheap, It does not meet the brief. So I will sever and still can push for a full refund even though they have now albeit late delivered something? Or now they have delivered something will I only get partial refund..? Sarah
Expert:  Ash replied 1 year ago.
You can push for a fill refund. Yes. Alex
Customer: replied 1 year ago.
This is what I have sentDear Kavit,I have taken some time this week to do some deep thinking and taken advice about the programme.As you are aware, and as I have documented, I am extremely concerned by how the programme has been running. In addition to the document I sent you outlining consistently missed deadlines provided by ABS/IIS and the communications issues, the deadline of Weds 6 April for the web site was not met, and as I have stated this represents a breach of trust and confidence in your company to support my business. I have serious concerns about this, and the fact that:• The ‘loop’ on conversations with Nicole are not closed- when I feedback there is no response
• That I was not aware you were overseas for April (not out of office until last week) and the resourcing has been an issue it appears
• The fact that the web site layout and the copy were never shared with me, or discussed with meAnd lastly – the quality of the web site you have delivered:• The site is not on brand guidelines
• Some of the original lead magnet copy was okay – but the designs are basic and again a bit ‘tacky’
• The site does not in anyway represent how I want to portray my brand or image
o I have to summarise this by saying the web site looks, I am afraid, rather tacky and almost ‘cheap’ rather than the sophisticated professional image I wish to portray.All of this has caused me considerable stress and angst – and given all the above – I am simply not confident, nor do I believe, you can support my brand and business moving forward.Therefore, I think the time has come to say that this is simply not working out and I would like to cease the agreement based on the factors above, and the fundamental breach of trust and confidence I have stated before. I cannot continue to entrust my brand and business with your company.I would like to have a refund on the amount I have paid you as the work simply has not been delivered to the timescales provide by your team, and the deadline provided by me, and the quality is poor.I hope that we can resolve this quickly and efficiently for all parties.
Customer: replied 1 year ago.
So I traced the URL - of the test site. It belongs to the project manager of this 'company' - this is what she advertises her rates as so I have been massively overcharged!Our small business website package is just £500
Expert:  Ash replied 1 year ago.
Indeed. That is why you are asking for a refund. Alex
Customer: replied 1 year ago.
Alex - Hi. I heard back he was quite professional. Basically offered refund of the amount minus 1k - for work and development done already - and then I can use whatever they developed. I am happy with this and wish to draw a line under it so accepted. He was polite but businesslike. Maybe it happens with them as I have since read online reports with a few other people experiencing the same issues.. anyway that's sorted. Thank you for your assistance, Sarah
Expert:  Ash replied 1 year ago.
Happy to help Sarah

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