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Joshua, Lawyer
Category: Law
Satisfied Customers: 30008
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I signed a contract with epos now for there till system.

Customer Question

I signed a contract with epos now for there till system. That was in October. I still haven’t received it. I contacted them yesterday to cancel the order and get my money back, low and behold I get an email saying my system is on the way. I missed delivery, but it’s too late now. I no longer require it. They say I am under contract?
JA: Where are you? It matters because laws vary by location.
Customer: Derby, uk
JA: What steps have you taken so far?
Customer: I tried contacting them just, by phone asking for my money back. They said they can’t do that, I have to pay a fee for leaving the contract early. I don’t understand how as they have done nothing for me yet.
JA: The Lawyer will be able to walk you through that. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No thats all
Submitted: 14 days ago.
Category: Law
Expert:  Joshua replied 14 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

  1. May I ask the original date that was agreed for delivery please?
  2. in your contact to them yesterday, did you, or did you previously to this, ever advise them that you are making "time of the essence" in respect of the contract delivery date?
Customer: replied 14 days ago.
There was no delivery date agreed. I had an email to say they were dispatched on the 30/10 though. Nothing came.
Customer: replied 14 days ago.
I sent messages through there WhatsApp message service to advise I was in a hurry to get these
Expert:  Joshua replied 14 days ago.

thank you. I regret I am unlikely to have any positive news in this respect based on what you have kindly told me above. From what you describe, this is a business to business contracts and therefore have no protection from consumer law. In addition, from what you describe, no fixed date for delivery has been agreed with the supplier and accordingly, there are no grounds for you to claim breach of contract on their part. this is not to suggest that you entered into a contract without end but the way in which to bring an end to a contract which you are not satisfied with in the circumstances would have been to serve a notice upon the supplier advising them that the goods have not been supplied within a reasonable time and as such, you are making " time of the essence" in respect of the contract and giving them a further seven days to make delivery failing which, you will consider the contract is at an end.

From what you describe, this was not done and the supplier has now made delivery of the goods. As there is no right to cancel in a business contract context, I regret that unless the goods are not as described, there is going to be little to no scope to cancel the order that you could ask the supplier to take the goods back subject to payment of a cancellation charge which they may be willing to agree to

Expert:  Joshua replied 14 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 13 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 11 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.