wrong delivery loss of earnings

adzuturn

Hi all,
This has happened before and it's making my blood boil because they do not give a damn. I'm a self employed in property maintenance / building and my customer wanted some specific doors that needed to be ordered as B&Q did not stock them. So I arranged my work around the arrival of the doors. They arrived late, which I anticipated and so made sure I didn't need them till last. They arrived today, Wednesday, and are the wrong doors, all 4 of them. I phoned them and yes they can get new ones out, but absolutely no earlier than next Monday. My job was set to finish Friday and I will now have a day of kicking my heels as my next customer is not expecting me till the Monday. Aside from the fact of !!!!ing 2 customers about with access to properties, where do I stand with loosing a days work because of B&Q / their delivery service's !!!! up?

I'm not one to fuss about this stuff. I can work on my own house for a day, but the last delivery I got from them was wrong also and put a job back by a week on a families bathroom refit, and tbh their lack of crap being given has irritated me.

Advice is much obliged

martinsurrey

adzuturn wrote: »

Hi all,
This has happened before and it's making my blood boil because they do not give a damn. I'm a self employed in property maintenance / building and my customer wanted some specific doors that needed to be ordered as B&Q did not stock them. So I arranged my work around the arrival of the doors. They arrived late, which I anticipated and so made sure I didn't need them till last. They arrived today, Wednesday, and are the wrong doors, all 4 of them. I phoned them and yes they can get new ones out, but absolutely no earlier than next Monday. My job was set to finish Friday and I will now have a day of kicking my heels as my next customer is not expecting me till the Monday. Aside from the fact of !!!!ing 2 customers about with access to properties, where do I stand with loosing a days work because of B&Q / their delivery service's !!!! up?

I'm not one to fuss about this stuff. I can work on my own house for a day, but the last delivery I got from them was wrong also and put a job back by a week on a families bathroom refit, and tbh their lack of crap being given has irritated me.

Advice is much obliged

I think the lesson is that B&Q are not, and should not be, relied upon as a just in time delivery service.

unforeseen

As this was B2B what does it say in your contract with them?

wealdroam

adzuturn wrote: »

...where do I stand with loosing a days work because of B&Q / their delivery service's !!!! up?

You might get some ideas from MSE's Failed Delivery article, but do keep in mind the point made by Unforeseen.

meer53

My advice would be to plan your work once you actually have the materials.

adzuturn

Cheers guys, the failed delivery article is very useful, although 1 day of earnings does not feel worth it to take them to court. But knowing that they have broken their contractual agreement at my loss might give me some leverage in a phone call.
It would be lovely to have work lined up all neat and tidy to have my materials waiting ready. And ideal if customers would pay double the amount so I can work with good quality products and good customer service. Enough said...

marliepanda

adzuturn wrote: »

Cheers guys, the failed delivery article is very useful, although 1 day of earnings does not feel worth it to take them to court. But knowing that they have broken their contractual agreement at my loss might give me some leverage in a phone call.
It would be lovely to have work lined up all neat and tidy to have my materials waiting ready. And ideal if customers would pay double the amount so I can work with good quality products and good customer service. Enough said...

They haven't. They are not responsible for your business losses.

naedanger

marliepanda wrote: »

They haven't. They are not responsible for your business losses.

Are you sure?

marliepanda

naedanger wrote: »

Are you sure?

Yes.

(Unless the OP has a secret business contract he's failed to mention, and if he dies have said contract, why is he asking on a consumer board when his contract would make this very clear.)

unholyangel

From B&Q's T&C's:

10 Liability

If you are acting as a business customer

10.3 If you are acting in the course of a business, trade or profession in your ordering and/or purchasing of Products (a business customer), we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under our agreement or otherwise at our discretion.

10.4 Without prejudice to clause 10.3, if you are acting as a business customer in your ordering and/or purchasing of Products, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:

10.4.1 loss of profits, revenue, sales, income, or business;

10.4.2 loss of savings;

10.4.3 loss of use or production;

10.4.4 loss of goodwill;

10.4.5 business interruption;

10.4.6 subject to clause 9, remedial costs if the Products are damaged or defective;

10.4.7 damage to property or possessions through use or misuse of the Products;

10.4.8 loss caused by delay or other late performance; and

10.4.9 indirect or consequential losses.

So its unlikely you have leverage of 1 days lost wages. However if you spend a lot with them every year and can easily switch your custom to another supplier, you may be able to use that as "leverage" (or incentive if you prefer).

naedanger

unholyangel wrote: »

From B&Q's T&C's:

Thanks, that should be useful to the op.