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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3846
Experience:  Solicitors 2 years plus PQE
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Hi I recently bought a swim spa which I am unable to swim

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Hi I recently bought a swim spa which I am unable to swim in and I have yet to receive the cover lifters that open it up after 9 weeks of receiving it I have asked for a full refund but have been told that they won't pay this
Do I have any rights
Regards David
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
How much did you pay for it?
Have they given you any up date as to how long it will take?
Can you put the lifters from any one else?
Kind regards
Customer: replied 3 years ago.

Hi I paid over £22000 I was told originally 2 weeks after first delivery as they fitted wrong ones It then took 9 weeks for them to come with them and you need 2 but they only sent 1 so I asked them to empty it and I haven't used it since

Thank you.
I will summarise the position below.
1. The Law:
- Generally as a contractual principle if no delivery time is given and time is not "of the essence" then you have an expectation that the goods are delivered in a reasonable period of time.
2. The Facts;
- Unless they pre warned you of a delay then 9 weeks is clearly an unreasonable period of time;
- The fact is you were given an estimate of 2 weeks so they have clearly failed to deliver it in a reasonable period of time.
3. Remedy
- Generally as "time is not of the essence" this means breach of the requirement to deliver it in a reasonable period of time does not give you the right to terminate the contract and get a refund;
- You are entitled to contractual damages - based on your inability to use the pool etc;
- However Under the Sale of Goods Act 1979 - S.48 there is new legislation that allows you to either demand a reduction in the purchase price or rescind the contract.
4. What to do next.
- I do not think you should push to rescind the contract especially if you actually want to use the spa. The legislation allowing you to rescind is new and I cannot tell how it works in practice;
- I think you should write to the spa company as follows:
(i) They are clearly in breach of your contract as you have not been able to use what they have delivered and what they are contracted to deliver has not been delivered in a "reasonable period of time";
(ii) Say you invite them to make a proposal to compensate you on the basis that they are in breach of contract;
(iii) Say if they do not provide you in writing with a confirmed delivery date and offer of compensation in 7 days you reserve the right to (a) Complain to Trading Standards and/or (b) Make a claim in the county court.
If they do not respond you will have to either go to Trading Standards or the County Court.
I look forward to hearing from you.
Kind regards
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