Delay to anticipated delivery date of a built-to-order item

bobeschism

I ordered a built to order piece of audio recording equipment from an independent online retail shop. On his website it stated "3-8 weeks build time". 

Before ordering, I emailed him to ask realistically how long it would take to receive the goods. He replied "All units are custom built to order with 3-8 week lead time at the moment." In a second email he also confirmed "You asked if the delivery time is still 6 weeks. I’ve been fully booked up recently on all fronts so its very much at 6 weeks plus. Things are moving at a good pace though & you’ve ordered at a good time as many of the hold ups in terms of suppliers are already over. I’ll keep you in the loop with this as very much hoping to deliver quicker however i don’t rush things."

I placed my order on Thursday 4th April, taking advantage of the last day of a sale and paying £950 plus delivery instead of the regular £1200.

On Friday 4th May he emailed saying "The cases are finally here after a bit of trouble with them going to my old address". These things happen.

On 1st June I emailed asking for an update. He replied "Looking at about 2 weeks with burn in time before shipping. "

On 1st July I had still not heard anything. I emailed asking "Any chance of an update please"

He replied on that day saying "Sorry I’ve been quiet been very busy with the work load. Going very well after a hiccup with the power transformers & a bad batch of stock. Not long at all now, only hold up is getting everything through the burn in que & pre ship tests without rushing." He also sent pictures of the build in process

I want to support independent, boutique equipment builders, and also accept that there are often unanticipated delays. I know he has a good reputation on online audio forums, so believe he has every intention of delivering.

However, it's now been over 14 weeks since I placed my order and I'm weighing up options how to proceed. I specifically chose this company over one of his competitors (who also hand builds a similarly specced unit), as the competitor has notoriously long wait times of sometimes up to 2 years!!

Welcome any suggestions.

cymruchris

Wait a bit longer. It's not Currys delivering an Aiwa hi-fi made in China. You wanted something hand-built and specialised and that's what you're getting. In the world of specialists, sometimes there are delays. It sounds that as much as it's outside your original guideline, it's nearly ready to ship.

Rodders53

Write.  Proper letter by snail mail.

State that "Time is now of the essence"
Please deliver my order by (1 month from date of letter?) or cancel and refund me immediately".

Then go to the back of the queue with the competitor and get in in 2026 or so...???
Or buy an off the shelf device that isn't (allegedly) as good.

Keep chasing him?
Bearing in mind each time he stops build/test/check/fix/test/check/ etc.,. to respond takes time away from that process - and it sounds like his component suppliers have had quality issues that require repair or replacement that will add to supply delays and extra time for him to deal with.

Have you actually spoken rather than e-mail?  One can often tell a lot from a voice / tone that cannot be gathered by e-mail.

Okell

I agree with @Rodders53 -  have you actually spoken to your supplier?

You might want to refer him to s28 of the Consumer Rights Act 2015 (legislation.gov.uk)

Basically that says that unless you and he have agreed a time period for delivery, then the goods must be delivered within a reasonable time and no later than 30 days after the contract was entered into.

In this case you've basically agreed a period of 6  -  8 weeks.

As that has come and gone s28(7) of the legislation allows you to specify a deadline "that is appropriate in the circumstances", and if he misses that deadline you can treat the contract as at an end and you will be entitled to a full refund of everything you have paid.   (You really need to read all of s28 to understand what it means).

That is your legal right, but is it something you would really want to do?  You'd be entitled to get your money back - assuming he can afford to pay you - but does that solve your problem?  Do you then go to the competitor?  What makes you think they'll be an improvement?

You need to speak to him and see what mutually acceptable resolution you can reach before resorting to giving him an ultimatum.  But you might want to give him a gentle reminder that the Consumer Rights Act 2015 (legislation.gov.uk) does give you a remedy that won't be to his liking if the two of you can't agree a delivery timetable that he can meet. 

[Edit: as others have said this is a sort of inevitable difficulty when dealing with "artisan" traders who are providing what is a bespoke service.  It's a risk you take whan deciding to buy from them.  There can be all manner of delays and interruptions.  You aren't buying from a mass production line]

[Edit 2:  Depending on the trader's experience and level of knowledge he may not even be aware that you can now specify a deadline for delivery and be entitled to a full refund if he doesn't meet it]

bobeschism

Okell said:

I agree with @Rodders53 -  have you actually spoken to your supplier?

There's no contact telephone number, otherwise I would have done.

Rodders53 said:

Write.  Proper letter by snail mail.

There's no company address on the website either.

cymruchris said:

Wait a bit longer. It's not Currys delivering an Aiwa hi-fi made in China. You wanted something hand-built and specialised and that's what you're getting. In the world of specialists, sometimes there are delays. It sounds that as much as it's outside your original guideline, it's nearly ready to ship.

 I stated as much in the OP that I'm aware of unexpected delays and these things happen, although he did say 6 weeks ago that we were looking at 2 weeks.

I'll give him another 2 weeks, then send a "please send by" formal email if there's been no update.

Thanks/diolch for the replies, chaps!

Okell

bobeschism said:

Okell said:

I agree with @Rodders53 -  have you actually spoken to your supplier?

There's no contact telephone number, otherwise I would have done.

Rodders53 said:

Write.  Proper letter by snail mail.

There's no company address on the website either.

Can you give a link to the website?

I'd like to see if it gives all the information it should give.

(eg it really should include an address and 'phone number.  I wonder what else...)

the_lunatic_is_in_my_head

Okell said:

(eg it really should include an address and 'phone number. 

It should include the address but only phone number where available.  

I'd imagine a lot of one man band types don't want customers phoning in as email is quicker and easier to manage.