Company unable to deliver but charge in the £100's for non delivery

kernow999

Hello all, recently i wanted some heavy building materials to lay my own patio, this included 3 tonnes of concrete ballast. I ordered through a local supplier of bulk building materials costing around £310 inc delivery. The actual delivery cost was not shown and it states the cost is absorped within the individual items supplied. They turned up but due the slope of my drive (which they were able to get up) were unable to crane off. The modern cranes have a shut off when craning off a slope of a certain degree. The chap tried his best but the crane shut off each time he tried, there was no alternative drop off apart from the main road and this was a non goer. So he returned to there base with the materials(20miles). They have told me that it will cost me £110 for there time. I am happy to possibly pay some, but its not my fault re the slope and the crane, where do i stand, can they charge me, although i received nothing?

TELLIT01

You need to check their T&C about being unable to access to deliver.  They will be charging for a couple of hours minimum of driver time plus fuel, so the actual figure doesn't seem excessive.  The question is more about if there is anything in the T&C allowing them to charge if they are unable to deliver. 

Bradden

£310 for 3 bags of ballast seems a lot... should have only been about £200. Regarding the charges.. what do the T&C say from the supplier.. did you order online or in person?

Thrugelmir

kernow999 said:

but its not my fault re the slope and the crane, where do i stand, can they charge me, although i received nothing?

You were aware of the slope when placing the order. Raising the issue may have resulted in a different delivery option. Albeit more expensive. 

pinkshoes

As above, I would check their T&Cs VERY carefully about delivery and access. 

I know lots of them have clauses that state that the customer needs to check that access is possible before purchasing and will be liable for a delivery charge should they not be able to deliver. 

This would mean that because your drive way is on a slope, you should have checked with them first before they attempted delivery, as no doubt they would have told you it was not suitable. 

the_lunatic_is_in_my_head

The below requires the trader to deliver the goods or reimburse all payments made under the contract


https://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

(2)Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.

(3)Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.

(4)In this section—

(a)an “agreed” time or period means a time or period agreed by the trader and the consumer for delivery of the goods;

(b)if there is an obligation to deliver the goods at the time the contract is entered into, that time counts as the “agreed” time.

(5)Subsections (6) and (7) apply if the trader does not deliver the goods in accordance with subsection (3) or at the agreed time or within the agreed period.

(6)If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

(7)In any other circumstances, the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

(8)If the consumer specifies a period under subsection (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.

(9)If the consumer treats the contract as at an end under subsection (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

Thrugelmir

the_lunatic_is_in_my_head said:

The below requires the trader to deliver the goods or reimburse all payments made under the contract


https://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

(2)Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.

(3)Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.

(4)In this section—

(a)an “agreed” time or period means a time or period agreed by the trader and the consumer for delivery of the goods;

(b)if there is an obligation to deliver the goods at the time the contract is entered into, that time counts as the “agreed” time.

(5)Subsections (6) and (7) apply if the trader does not deliver the goods in accordance with subsection (3) or at the agreed time or within the agreed period.

(6)If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

(7)In any other circumstances, the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

(8)If the consumer specifies a period under subsection (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.

(9)If the consumer treats the contract as at an end under subsection (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

Delivery was attempted. 

maisie_cat

Most of these types of delivery in my experience are for delivery to the kerbside only or make the customer responsible for determining whether their drive is suitable. check the t&cs to see what they have included.
I have lots of deliveries that are roadside only, and we trolley stuff down, it's not the suppliers fault that we have a non standard driveway. 

the_lunatic_is_in_my_head

Thrugelmir said:

the_lunatic_is_in_my_head said:

The below requires the trader to deliver the goods or reimburse all payments made under the contract


https://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

(2)Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.

(3)Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.

(4)In this section—

(a)an “agreed” time or period means a time or period agreed by the trader and the consumer for delivery of the goods;

(b)if there is an obligation to deliver the goods at the time the contract is entered into, that time counts as the “agreed” time.

(5)Subsections (6) and (7) apply if the trader does not deliver the goods in accordance with subsection (3) or at the agreed time or within the agreed period.

(6)If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

(7)In any other circumstances, the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

(8)If the consumer specifies a period under subsection (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.

(9)If the consumer treats the contract as at an end under subsection (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

Delivery was attempted. 

But not made. 

kernow999

thanks all, there are no formal t and c s, agreement is on a email, only stipulations are
1) access require for 26 tonne lorry
2) no overhead cables

jimbo6977

You could look at this 2 ways I suppose. On the one hand it could be judged that the consumer has frustrated delivery. On the other hand, how on earth could the consumer reasonably know the limitations of the trader's means of delivery?