Compensation for late delivery of item

idnzor

We're renovating our home, but we hit some issues with the supplier of the windows (which cost around £20k).

The windows turned up on the agreed delivery date (a Friday) without the fixing materials required to install them. As soon as the order arrived, I notified the company and they sent out the fixing materials, which arrived early Tuesday. As a result of the delay, we incurred the following costs:

- £3000 - 3 days downtime for window fitters, as they had nothing to do until the Tuesday
- £2000 - emergency repair work to re-weather property where the windows were due to be installed (severe weather was due the next day).

From what I understand, I am entitled to claim the above in compensation. The a key passage from one of the articles (can't post the link, sorry!):

You can claim compensation if items aren’t delivered on the agreed delivery date or within 30 days of placing your order.

If the delivery date was important, you could argue that time was essential.

The extra outlays has meant we now cannot afford to complete the renovation work. I believe I am entitled to compensation. Indeed, we've already received £1500 from the window company because they changed the delivery date with one week to go (we still had to pay the window fitters wage for that period).

It gets really complicated, however. The window company contest that the fixing materials were never included. Indeed, on the final quotation it clearly states they weren't included. However, on the actual confirmation of the order (a later document), it states (with emphasis) that they are included. I also rung up to check and was given verbal confirmation that they were included.

Their final position is that the order confirmation was a mistake and earlier documents stated they weren't included - they also have no record of the phone call.

My position is that I was told both verbally and on the order confirmation we were due delivery of the items and this should have precedence over the earlier correspondence.

Just to clarify events:

1. We receive the final quote, stating fixing materials aren't included
2. We receive the order confirmation, stating the fixing materials are included.
3. I am given confirmation on the phone the fixing materials are included when asked.

I have two questions:

• Am I actually entitled to compensation for the late delivery of the items?
• Do I have a case for compensation?

Thanks for your time! It's not a great position to be in. I've self-built a lot of the house and am now unable to complete because of this.

gik

You've self built a lot and because of less than a week's delay you have been unable to complete?

idnzor

The money spent on the downtime for the window fitters and emergency repair work (materials, labour) was intended for the roof. It's a hole in the budget we can't fill.

It may have been less than a week, but it was the most expensive (special labour/equipment hire) and time sensitive part of the entire build. The few days delay cost thousands.

visidigi

If I am not mistaken, these sorts of scenarios usually have T&C's attached to them from the window company that says you should not arrange labour for fitting etc until you are sure that the order is delivered and complete. and if you do its at your risk and cost.

I must admit, £3000 for labour for three days is more than I paid for two days labour and an entire house full of windows!

tykesi

The money spent on the downtime for the window fitters and emergency repair work (materials, labour) was intended for the roof. It's a hole in the budget we can't fill.

Sounds more like a hole in the top of the house you can't fill!

idnzor

Below are their conditions of sale. The figure for labour wasn't that bad - if I went to an approved fitter it would have cost around £10k.


Terms & Conditions

1. GENERAL

a) How the contract is formed between you and us

A quotation given by us is merely an invitation to commit subject to these terms and conditions

and no contract will result until you have accepted the quotation and placed an order pursuant

to it and the order has been accepted by us on our Order Acknowledgement. Quotations

remain valid for the period stated in the quotation, or when no period is stated, for 60 days.

b) Alternatively, where we deem it appropriate...

We may invite you to place your order via a VELFAC Order Form. Once you have completed

and returned this Form to us the goods will be entered into manufacture immediately and no

further changes will be permitted.

c) What other terms form part of the Contract?

Any contract made between us shall be deemed to incorporate (i) our product guarantee,

(ii) these terms and conditions, (iii) our Order Acknowledgement (except where we contract

under 1(b) above) and (iv) any special conditions described in writing by us. In the event of

any discrepancy between the documents, the priority of the documents shall be in the order

listed in this paragraph.

d) Your opportunity to revise your product requirements

Once your order has been accepted by us in accordance with paragraph 1(a) or 1(b) above,

you will not be entitled to cancel the contract. Except where we contract under 1(b) above,

you will have an opportunity even after your order has been accepted to provide us with more

detailed information about your product requirements. Once we have received this information,

we will send you a Confirmation of Delivery (accompanied by a Checklist) which will give you

a final opportunity to revise your information.

2. PRICE

a) Prices may change in response to product changes

The price quoted is based on the product meeting certain standard specifications. We reserve

the right to vary the price if you change these specifications or we receive more detailed

information from you about your product requirements. Any price variations will be set out in

our Confirmation of Delivery.

b) Quoted prices include packaging and delivery

Unless otherwise individually specified, all prices are inclusive of packaging and delivery.

c) Value Added Tax and cost of special packing will be added

Value Added Tax and the cost of any special packing required by you will be added to the price.

d) Cost of delivering goods may be deducted from price

We have allowed a cost for delivery and off-loading within our price, and are responsible for

off-loading the goods onto your premises. The goods will be off-loaded at the nearest accessible

point to the delivery address at the discretion of the driver, which may be kerb-side. The driver

will not handle the goods further. Should you be able to accommodate delivery via an articulated

40’ vehicle and arrange your own off-loading the cost for delivery may be waived. This refers

to deliveries within mainland UK only.

e) Your obligations in respect of supplied requirements

Because we manufacture the product to your specific requirements, you should take special

care to ensure that the information supplied to us is accurate. Again, except where we contract

under 1(b) above, we will confirm the information that you have supplied in our Confirmation

of Delivery. Your Project Coordinator will advise you of the period of time you have to

correct or amend any information that you have supplied. Once you have signed and

returned the Acceptance of Order checklist manufacture will commence and no further

changes will be permitted.

3. PAYMENT

a) When are you due to pay?

Unless otherwise individually specified, payment shall be made as follows:

• a non-refundable deposit of 10% of the price (or £500, whichever is the greater) is due

when you place your order;

• if the price exceeds £20,000, a further payment equivalent to the amount by which the

price exceeds £20,000 after deduction of the 10% deposit is due prior to commencement

of manufacture; and

• the balance of the price is due not less than 7 days before despatch.

b) What happens if payment is late?

If you fail to make payment on the date it is due, we reserve the right to:

• cancel the contract between you and us; or

• suspend performance of the contract; and

• charge for storage of manufactured goods.

4. RISK AND TITLE

a) When do you have responsibility for the goods?

Risk passes to you on delivery.

b) When will the goods be yours?

Property in the goods shall not pass to you, but shall remain vested in us until payment has

been received by us and we are in receipt of cleared funds.

5. DELIVERY

a) When will the goods be delivered?

The goods will be delivered in accordance with the dates set out in our Order Acknowledge-
ment letter. This date shall be extended by a reasonable period if delay in delivery is caused

by instructions or lack of instructions from you or by any cause which was not foreseeable by

you and us when the contract was agreed.

b) What if the goods are delivered short/lost/damaged in transit?

You should notify us of any shortage, loss or damage of goods in transit by returning a copy of

the delivery note stating the unit reference, together with a photograph of the damage (where

possible). This should be done within a reasonable time, preferably within 3 days of delivery,

so that we can arrange for appropriate rectification or replacements and take the matter up

with our carriers. Where the damage only becomes visible at the time of unpacking, then the

photograph should be taken before the product is removed from its packaging.

c) Storage

If for any reason you cannot accept delivery of the goods at the time when the goods are

delivered or are ready for delivery we will store the goods until actual delivery and you shall be

responsible for the costs of such storage, including any additional handling and transport costs.

6. GUARANTEE

a) Our windows come with a 12-year guarantee

We guarantee all windows and doors against faulty workmanship and materials for a period of

12 years in the case of our standard V200 series windows, 5 years in the case of our V600

series external doors and our V100 series inward opening windows, and 1 year for our electrical

components. This guarantee does not cover faults caused by wilful damage, neglect or misuse,

failure to follow recommended instructions, normal wear and tear, accidental breakage and other

events outside our control. Nor will it cover any product that has been altered or relocated in

any way without our prior consent.

b) Your statutory rights are protected

Nothing in these terms and conditions will reduce your statutory rights relating to faulty goods.

For further information about your statutory rights contact your local authority Trading Standards

Department or Citizens Advice Bureau.

7. PROPERTY RIGHTS AND CONFIDENTIALITY

a) Our property is our property

Ownership of any and all intellectual property rights in any and all goods and drawings, data,

documents and other items shall remain with us.

b) Confidentiality

All goods and drawings, data, documents and other items supplied by us are supplied on

the basis that:

• they will not be disclosed to any third party without our prior written consent; and

• they will not be used in any way except for the particular purpose for which they were

expressly supplied.

8. DISPUTES

English law applies

These terms and conditions are governed and shall be interpreted in accordance with English

law and any disputes hereunder shall be heard in the English courts.

gik

I'm really not understanding the 'I've done lots of self builds and because of a 3 day delay on the windows I couldn't complete' scenario. In self builds if there is no contingency plan for such a short delay the fault lies with the builder.

idnzor

I didn't say I did lots of self builds, just I did a lot on this build. Demolition, construction, partitioning, flooring etc. The bits I didn't do were things like a) electrics b) footings c) window installation.

There was a three day period where I had scheduled specialist labour and equipment that I couldn't use - because the fixing materials required weren't delivered when agreed. I have all these costs invoiced and documented. Whether it was £5 or £5k, from my understanding, I'm entitled to compensation.

gik

idnzor wrote: »

I didn't say I did lots of self builds, just I did a lot on this build. Demolition, construction, partitioning, flooring etc. The bits I didn't do were things like a) electrics b) footings c) window installation.

There was a three day period where I had scheduled specialist labour and equipment that I couldn't use - because the fixing materials required weren't delivered when agreed. I have all these costs invoiced and documented. Whether it was £5 or £5k, from my understanding, I'm entitled to compensation.

My apologies...I misread what you said.


There is the problem you were told fixings were not/were included. I'm not entirely sure what the fixing materials are but could they have been sourced locally at the time to mitigate expense?

What stage is the house at now?

idnzor

No problem. The materials were "fixing lugs" and are unique to the window company's design of windows.

You have to order them from the window company or one of their partners. Either way, they can't be purchased over the counter and they require a few days lead time.

The window fitter offered to manufacture his own fixings, but said he may void the warranty by not following the recommended procedure / fixings. So, we decided to wait.

The house has the windows in and is watertight, but not habitable. The roof that we were due to replace leaks heavily and we're still to get the electrics and plumbing hooked up.

Hintza

I don't see the window company rolling over on a claim like this so I suspect the only way you will find out is through the courts.

The first person you need to talk to is a solicitor. I'm not convinced that you will win though.