American Golf unreasonable delay of goods

JohnnyA32

Hi new to the forums and I'm hoping others have had a similar situation with a possible successful result and can offer me some guidance.
On the 12th of June I got custom fitted for a new Ping driver at a cost of £400 at Belfast American Golf store.  At the till and about to pay and was told it would be 5 or 6 weeks before delivery, I reluctantly went ahead thinking they were probably erroring on the side of caution.  The six weeks had passed and I phoned to see about an update, I was told I should have been told at the time of buying the club it would be a MINIMUM of 8 weeks before delivery.  I was emailed a week later to be told Ping had advised A.G. of a delivery date of 5th of August.  I was contacted today by A.G. the 5th August and told Ping have now advised it will now be at least the 23rd August before delivery.  
I have read old posts (a year or so old) on other forums and noted people being told because it's a custom club that A.G have said no refund, even though constuction the product hasn't been started yet.
Can anyone provide any guidance as to what my rights are, as I fully expect to be contacted again on the 23rd to be told of further delays.

pbartlett

The quoted delivery date was 24 July (6 weeks after 12 June)

They are currently late by 11 days and 23 Aug would be about 4 weeks delay.

What do the T&C say about delays, and is a 4 weeks delay enough to enable you to cancel.

Jenni_D

As you went into a store (presumably) then you have no automatic cancellation rights anyway, irrespective of the custom fitting (personalisation), unless such cancellation rights are part of the contractual T&Cs.

JohnnyA32

Hi thanks for your reply. 
I have just read through their T&Cs and I can't see anything with regards to delay timeframes.  Although the standout point is no cancellation on custom orders.  I have read about other customers having 18 week delays receiving several updated delivery dates, and have an uneasy feeling I'm in for a similar journey.
It just seems harsh that I could be in the same situation come October and I have no recourse other than just having to wait for the item to arrive.

Jenni_D

If no delivery time frame is specified then (I think) a maximum delivery wait of 30 days is expected within consumer legislation guidance. Based on that I'd send them a time is of the essence email/letter saying that if the goods are not delivered by 23 Aug then you treat the contract as in breach by their failure to deliver in a reasonable time frame, thus the contract is to be cancelled and all monies returned.

sheramber

A delivery frame of 5-6 weeks was given when ordered.

mjm3346

4.3 Time for delivery shall not be of the essence. 

JohnnyA32

Thanks all  for your responses, I will make contact as suggested by Jenni-D.  Whilst a further delay isn't great, hopefully it will be a case of the crying baby getting lifted.

Jenni_D

mjm3346 said:

4.3 Time for delivery shall not be of the essence. 

They actually have that in their T&Cs? 😲 Not sure that's an enforceable term though.

JohnnyA32

Some quick reading states that even with the "not of essence" statement included in T&Cs the contract should be satisfied within a reasonable time frame.  Hopefully in my case if there is any further delay, it is effectively doubling my initial estimate for delivery date.  Fingers crossed

user1977

Jenni_D said:

mjm3346 said:

4.3 Time for delivery shall not be of the essence. 

They actually have that in their T&Cs? 😲 Not sure that's an enforceable term though.

I don't see why not - that's the default if it's not mentioned at all, so why not clarify it?