From: Michael Maguire [mailto:michael.maguire@gmail.
Sent: 12 September 2012 09:43
To: Alex Piprek
Cc: Babettli Azzone; duckettrenovation@
Cc: Babettli Azzone; duckettrenovation@
Subject: Re: FW: Tried calling this morning -- fixing delivery date
Alex,
In terms of delivery time, you have quoted your Terms & Conditions, specifically section 6.4 which stated "Time for delivery shall not be of the essence
unless previously agreed by the company in writing". It's always
unfortunate when a commercial relationship resorts to the fine print.
I'm sad to see it's come to this.
However,
you should be aware that in the UK, consumers have rights which
supersede any contract terms. In particular, please see the Sale and
Supply of Goods Act which applies in this case.
According to this law, as consumers we have the right to add "time is of the essence" to the contract after you have been guilty of undue delay.
You need to understand that my emails asking for concrete delivery dates over the past few weeks, specifically starting with my email 23 August 2012 20:58 have been quite clearly making time of the essence.
Without prejudice to those emails already being a declaration that time is of the essence, and without prejudice to our rights related to your website's claims of you providing a FENSA-certified installation of your windows, for the avoidance of doubt, let me state now that time is of the essence for this order.
In our case, this is for the following reasons:
You need to understand that my emails asking for concrete delivery dates over the past few weeks, specifically starting with my email 23 August 2012 20:58 have been quite clearly making time of the essence.
Without prejudice to those emails already being a declaration that time is of the essence, and without prejudice to our rights related to your website's claims of you providing a FENSA-certified installation of your windows, for the avoidance of doubt, let me state now that time is of the essence for this order.
In our case, this is for the following reasons:
-
we live in the house requiring your windows and have performed internal
demolition to prepare for their arrival. There are wall treatments we
can't finish until the new windows arrive. As the weather gets colder,
this is becoming more of a problem because of draughts
- we have made new holes in walls (aside even from the big windows which we agreed would come later) to make room for new windows -- these holes while covered are not weatherproof and winter approaches
- we have external insulation providers who are waiting for your windows to be installed before they can install and it will be more difficult for the external insulation providers to proceed once the weather turns
- we have erected scaffolding around the house in preparation for the external insulation providers which is rented per week
- we have made new holes in walls (aside even from the big windows which we agreed would come later) to make room for new windows -- these holes while covered are not weatherproof and winter approaches
- we have external insulation providers who are waiting for your windows to be installed before they can install and it will be more difficult for the external insulation providers to proceed once the weather turns
- we have erected scaffolding around the house in preparation for the external insulation providers which is rented per week
Under
the law, after an undue delay, I have to give you a reasonable time to
fill the order, after which we are within our rights to demand a full
refund and you are indeed liable for damages, contrary to what you may
feel your contract Terms and Conditions state.
Yesterday I said Sep 21st, which was 3 weeks from when you last told us 3 weeks for the windows. However after taking advice, for the purposes of the Sale and Supply of Goods Act, I'll now state that you have 28 days from 28th August end-date our purchase contract promised for the windows. In other words, you have until Tuesday September 25th 2012 to deliver the windows.
Regards,
Michael
Yesterday I said Sep 21st, which was 3 weeks from when you last told us 3 weeks for the windows. However after taking advice, for the purposes of the Sale and Supply of Goods Act, I'll now state that you have 28 days from 28th August end-date our purchase contract promised for the windows. In other words, you have until Tuesday September 25th 2012 to deliver the windows.
Regards,
Michael
On Tue, Sep 11, 2012 at 12:25 PM, Alex Piprek <alex@adpol-gb.co.uk> wrote:
Hi Michael,
Regarding production I have been told max 3 weeks from now for finishing the manufacture. [...]