Are uPVC windows and doors bespoke? When does my order become "uncancellable"?

FrugalRay

I've recently had a few quotes for windows and doors from various uPVC companies. I've been told an external door on the order has an 'unusually narrow opening' (which means all the front doors on my street and surrounding streets are similar, if not the same). 

I decided which contractor to proceed with, and he came round to "measure properly and complete a site survey". At multiple points throughout the process I was made aware of the need to "pay a deposit to secure the order" and that "the order will not be processed until payment of the deposit". I have acknowledged my understanding that I am required to confirm "I am happy to proceed" via email or returning a signed contract and pay the deposit prior to my order progressing.

The contract was sent along with deposit request, and I disputed the internal width measurement on the contract. A discussion was had about this both on the phone and via email, I was provided with an option that would provide a greater internal width, which I agreed to via email and asked further questions about how the surrounding area would be "made good". 

I received no response for a number of days.
I lost confidence in my decision about the door and decided to remove it from the order as it probably still wasn't exactly what I wanted from the finished product. I decided to remove the door from the order.

When I contacted to make this amendment, I was told that as I had sent an "instruction to proceed" the order had already been placed with the supplier and as it contained bespoke products could not be amended or cancelled.

I am befuddled. 
To my understanding:-
- I have not confirmed the order or instructed to proceed,
- I have not paid the required deposit for it to be processed,
- I am still awaiting confirmation of the full scope of the completed order (I understand this is an important element in the 'forming of a contract')
- I am ordering a 'made-to-measure' product rather than bespoke?

Any and all helpful knowledge and points/information would be appreciated as this business seems quite adament that they are in the right, and have the right to waiver the deposit payment if they want? (how they can waiver at their own discression when their paperwork requests one seems questionable to me!!)

Thanks

Section62

FrugalRay said:

I've recently had a few quotes for windows and doors from various uPVC companies. I've been told an external door on the order has an 'unusually narrow opening' (which means all the front doors on my street and surrounding streets are similar, if not the same). 

I decided which contractor to proceed with, and he came round to "measure properly and complete a site survey". At multiple points throughout the process I was made aware of the need to "pay a deposit to secure the order" and that "the order will not be processed until payment of the deposit". I have acknowledged my understanding that I am required to confirm "I am happy to proceed" via email or returning a signed contract and pay the deposit prior to my order progressing.

The contract was sent along with deposit request, and I disputed the internal width measurement on the contract. A discussion was had about this both on the phone and via email, I was provided with an option that would provide a greater internal width, which I agreed to via email and asked further questions about how the surrounding area would be "made good". 

I received no response for a number of days.
I lost confidence in my decision about the door and decided to remove it from the order as it probably still wasn't exactly what I wanted from the finished product. I decided to remove the door from the order.

When I contacted to make this amendment, I was told that as I had sent an "instruction to proceed" the order had already been placed with the supplier and as it contained bespoke products could not be amended or cancelled.

I am befuddled. 
To my understanding:-
- I have not confirmed the order or instructed to proceed,
- I have not paid the required deposit for it to be processed,
- I am still awaiting confirmation of the full scope of the completed order (I understand this is an important element in the 'forming of a contract')
- I am ordering a 'made-to-measure' product rather than bespoke?

Any and all helpful knowledge and points/information would be appreciated as this business seems quite adament that they are in the right, and have the right to waiver the deposit payment if they want? (how they can waiver at their own discression when their paperwork requests one seems questionable to me!!)

Thanks

For a complete response someone would have to read all the paperwork and emails, but it does sound like you've placed an order and agreed to proceed.

uPVC windows and doors are usually made to measure - standard sizes can be purchased ready made, but retrofit are usually made to measure even if the original window is a standard size.

I don't doubt the company is entirely free to waive the deposit if they wish - this is to your benefit, so if the contract ends up in dispute the contractor won't be treated as in the wrong for not requiring you to pay an up-front deposit.  The only question mark is whether the wording of the contract implies that the order won't be 'placed' or 'agreed' until such time as the deposit has been paid (and cleared). There may be circumstances - subject to the exact wording - where you could argue that you didn't think you would be entering into the contract before payment of the deposit had been made.

Did the contract say anything about a cooling off period?

Albermarle

I am ordering a 'made-to-measure' product rather than bespoke?

Not sure there is a lot of difference between the two. The product is being fabricated to your dimensions, so is effectively bespoke I guess.

FrugalRay

Section62 said:

I don't doubt the company is entirely free to waive the deposit if they wish - this is to your benefit, so if the contract ends up in dispute the contractor won't be treated as in the wrong for not requiring you to pay an up-front deposit.  

So, your understanding is that a contractor can request a deposit in writing, and say, (I quote directly)

"Upon receipt of your cleared funds we'll process your order." 

And then decide they do not need a deposit in order to process the order, then process the order, without informing the consumer?

Surely this is misleading? Surely this is some technical version of 'moving the goalposts'?

FrugalRay

FrugalRay said:

Section62 said:

I don't doubt the company is entirely free to waive the deposit if they wish - this is to your benefit, so if the contract ends up in dispute the contractor won't be treated as in the wrong for not requiring you to pay an up-front deposit.  

So, your understanding is that a contractor can request a deposit in writing, and say, (I quote directly)

"Upon receipt of your cleared funds we'll process your order." 

And then decide they do not need a deposit in order to process the order, then process the order, without informing the consumer?

Surely this is misleading? Surely this is some technical version of 'moving the goalposts'?

Also, a cooling off period is not mentioned so far as I can see. 

Section62

FrugalRay said:

Section62 said:

I don't doubt the company is entirely free to waive the deposit if they wish - this is to your benefit, so if the contract ends up in dispute the contractor won't be treated as in the wrong for not requiring you to pay an up-front deposit.  

So, your understanding is that a contractor can request a deposit in writing, and say, (I quote directly)

"Upon receipt of your cleared funds we'll process your order." 

And then decide they do not need a deposit in order to process the order, then process the order, without informing the consumer?

Surely this is misleading? Surely this is some technical version of 'moving the goalposts'?

No, I said "...subject to the exact wording...".

If they said something like "You will not be bound by this contract until we receive your deposit and the funds have cleared", then you'd have a good case for complaining that you didn't expect them to proceed until you'd paid the deposit.

But "Upon receipt of your cleared funds we'll process your order." is open, it doesn't require them to wait until you'd paid the deposit, nor prevent them from waiving the deposit requirement entirely.

Without sight of all the documentation - which you can't share here - this is all guesswork though.

Albermarle

I suspect that the company has jumped the gun in actually ordering the door, whilst the order situation with the OP was not 100% clear.
It was probably a simple error/misunderstanding, but now they are trying to hide behind  the lack of clarity, as they have committed to the doors manufacture .
Or something like that.