Compensation for failed delivery

WillCalderwood

Hi All,

I own a property that I rent out. The fridge in the property recently failed and I ordered a new one to be delivered today yesterday. The tenant that was going to be in receipt of the fridge got a message from the delivery company on the day saying it wouldn't be delivered as it didn't reach the depot in time. The next available day is Saturday.

I now have tenants complaining as they'd bought food working to the assumption of a functioning fridge on the Monday that is now going to go off. Are they able to claim compensation for their loss from the retailer? Everything I search for talks about compensation for taking time off, but I assume other losses are also claimable?

Also, should the claims come from me as I had the agreement with the retailer, or from them, as they're the ones making the claims.

Thanks.

marliepanda

No. It's a bit odd buying food for a fridge you don't have. That wouldn't come under compensation for consequential loss. They jumped the gun.

visidigi

marliepanda wrote: »

No. It's a bit odd buying food for a fridge you don't have. That wouldn't come under compensation for consequential loss. They jumped the gun.

yep, totally agree

WillCalderwood

I'm a little surprised to be honest - I would have thought they have a case as if the retailer had stuck to the purchase contract they would have had a fridge.

Let's say they decided to have a stab at claiming compensation by contacting the retailer, then should that come from me or from them?

notanewuser

How were they planning to keep the food fresh for the 24+ hours it would take for the fridge to settle and cool to the right temperature? Sounds like its their own fault to me!

gik

Sounds like it was a business purchase.

WillCalderwood

notanewuser wrote: »

How were they planning to keep the food fresh for the 24+ hours it would take for the fridge to settle and cool to the right temperature? Sounds like its their own fault to me!

I have no idea I'm afraid. I was guessing it might be an online order that has yet to arrive. I said if that was the case then just send it back. I've not had a response yet.

WillCalderwood

gik wrote: »

Sounds like it was a business purchase.

What are the repercussions of this?

paddyrg

Turn up at their place with cool boxes and ice packs to tide them over. Replace them with cold packs every half day or day depending on the quality of the cool box. Whether or not they jumped the gun, fact is they don't have a fridge and are paying for one, and a good landlord will factor this kind of messing about into their overheads.

As for the delivery, looks like it'll be Saturday and not much you can do to change it short of getting a better supplier who won't sell you stock he doesn't have. Being responsible for things like this again as a landlord, sometimes you have to solve a problem now, not just cheapest.

WillCalderwood

I've advised them to put ice packs / frozen bottles in the top of the existing fridge to keep it cool - the old fridge is already have a massive cool box.

The retailer did have stock - both the retailer and courier are blaming each other. The courier said the retailer didn't dispatch on time and the retailer says the courier got stuck in traffic - so I have no idea.

On the couriers website in the tracking section is said the fridge was ready for delivery on 25th, 4 days before the delivery date, so there's something odd going on somewhere.

Anyway, I'm just trying to keep tenants happy.

paddyrg

WillCalderwood wrote: »

Anyway, I'm just trying to keep tenants happy.

Sounds like you're doing what you can!

Anyhow, if the retailer arranged delivery then that's who the contract is with, courier are their agents. Could you cancel the order by mutual consent and go to a local supplier and take a unit off the shelf if needs be? Years ago, different commercial landscape maybe, but I sold white goods - and if a gap in the display was the difference between a sale or the competitors getting the sale, you can be sure we'd be out with the cardboard pronto - might be worth a go?