Delays in making product I've ordered and already paid for - what's the legal stance?

TwoSmallButtons80

I've started a new business and found a company online to make my product. I'm getting frustrated at the ongoing delays to them making my order - here are the details:
I paid for the order at the end of February, they sent a sample of the product a few weeks later so I could check quality etc. I made a few adjustments and approved the final design on 28th March. They sent an email on 7th April saying my order would be delivered on 28th April. Then 2 days ago, they sent another email saying delivery would now be 4th May.

I'm frustrated it's taking so long for them to make my order, despite having paid for it and approved everything so long ago. I have clients waiting to buy the product, all my marketing was set for the end of April. 

What are my legal rights in this case? 
I don't want a refund, I want my product to arrive asap. 
Thanks

elsien

What does the contract you have with them say about delays? 

On-the-coast

You haven’t said where the supplier is based.  International supply chains have been in some turmoil the last month or two. And even uk ones often have international sub-suppliers. 

Also as far as I can see a bespoke supplier quoted you 3 weeks which has turned into 4 (and they’ve communicated with you.) so you should be a long way away from wanting to enforce legal rights (but check your contract)

Grumpy_chap

TwoSmallButtons80 said:

I've started a new business and found a company online to make my product. I'm getting frustrated at the ongoing delays to them making my order - here are the details:
I paid for the order at the end of February, they sent a sample of the product a few weeks later so I could check quality etc. I made a few adjustments and approved the final design on 28th March. They sent an email on 7th April saying my order would be delivered on 28th April. Then 2 days ago, they sent another email saying delivery would now be 4th May.

I'm frustrated it's taking so long for them to make my order, despite having paid for it and approved everything so long ago. I have clients waiting to buy the product, all my marketing was set for the end of April. 

What are my legal rights in this case? 
I don't want a refund, I want my product to arrive asap. 
Thanks

This is a business transaction so consumer rights do not apply.

What are the terms of the contract you agreed?  Your sole legal rights are to enforce those terms.

It sounds like the supplier is being open with you and I would expect the delivery as now indicated in the beginning of May.

It is common for items that are to a design that manufacture is not scheduled until design is approved, so the lead time clock did not start until end March.

What is the impact to your business of the delay?
You may be able to pay an acceleration fee for at least some of the ordered quantity.

Work cooperatively with the supplier as you need them willing to resupply.

GDB2222

I know that you are only starting out, but many established businesses have a policy of using two suppliers for all key components. 

There’s nothing you can do to speed things up, realistically, apart from asking nicely. Congratulations on setting up your new business, and welcome to the world of business to business transactions, where consumer rights don’t apply. 

TwoSmallButtons80

elsien said:

What does the contract you have with them say about delays? 

Their T&Cs say this: "Any times or dates given for completion or delivery of goods shall be binding on [company name]. Such liability shall not extend to delays beyond the control of [company name] including, without prejudice to the generality of the foregoing defects in files or omissions of information, delays in approval of proofs, the non-performance of carriers, slow drying of paper and card stock, exceptional weather and other force majeure."

They are claiming the machines used to make the product needed servicing (sent to Italy) hence the delay in making my order. It's a UK company, I'm also UK.

TwoSmallButtons80

Grumpy_chap said:

TwoSmallButtons80 said:

I've started a new business and found a company online to make my product. I'm getting frustrated at the ongoing delays to them making my order - here are the details:
I paid for the order at the end of February, they sent a sample of the product a few weeks later so I could check quality etc. I made a few adjustments and approved the final design on 28th March. They sent an email on 7th April saying my order would be delivered on 28th April. Then 2 days ago, they sent another email saying delivery would now be 4th May.

I'm frustrated it's taking so long for them to make my order, despite having paid for it and approved everything so long ago. I have clients waiting to buy the product, all my marketing was set for the end of April. 

What are my legal rights in this case? 
I don't want a refund, I want my product to arrive asap. 
Thanks

This is a business transaction so consumer rights do not apply.

What are the terms of the contract you agreed?  Your sole legal rights are to enforce those terms.

It sounds like the supplier is being open with you and I would expect the delivery as now indicated in the beginning of May.

It is common for items that are to a design that manufacture is not scheduled until design is approved, so the lead time clock did not start until end March.

What is the impact to your business of the delay?
You may be able to pay an acceleration fee for at least some of the ordered quantity.

Work cooperatively with the supplier as you need them willing to resupply.

Thanks for your reply, yes agreed I need to work with them, I suppose I was wondering what the options were. It's frustrating for sure, but I guess not the end of the world! 

TwoSmallButtons80

GDB2222 said:

I know that you are only starting out, but many established businesses have a policy of using two suppliers for all key components. 

There’s nothing you can do to speed things up, realistically, apart from asking nicely. Congratulations on setting up your new business, and welcome to the world of business to business transactions, where consumer rights don’t apply. 

Thanks, yes using one supplier is something I've been conscious of, however other suppliers of this specific product didn't offer the added safety element I needed so I only really had one choice. I naively didn't consider that consumer rights didn't apply to this transaction. Lesson learnt!

Hoenir

TwoSmallButtons80 said:

They are claiming the machines used to make the product needed servicing (sent to Italy) hence the delay in making my order. 

Why would they lie.   Business relies on repeat orders. Building relationships are key. 

Grumpy_chap

TwoSmallButtons80 said:

I naively didn't consider that consumer rights didn't apply to this transaction.

Actually, even if consumer rights did apply, I am not sure they would offer you much more rights for now (certainly at a practical level) than you have in any case.  You would eventually reach a point whereby the consumer rights would allow you to write and set a deadline date and then cancel if that was not achieved.

You could probably still attempt to enforce a specific performance under the commercial contract, or cancel for breach of contract.  That would mean you don't get the goods and, probably, cannot use the same supplier in the future for your business.

I don't see any reason why the business would be saying anything other than the truth in their reason for the delay.  The risk is that the machine repairer in Italy takes longer than expected and / or return shipping of the machine is delayed.

Your practical option is probably to ask whether any quantity were made prior to the machine breaking down and then request (and pay for) the partial shipment of the quantity made so far.  If none have been made, you could request regular updates, but you seem to be receiving that in any case.