Much delayed supply and fitting times

maxxpayne

Hi There,

in September of last year I signed a contract with a shutter company to install bespoke shutters to our home.

The owner of the company who came in to provide the quote verbally assured me that work will be done before Christmas.

The only section in the contract that relates to timeline is this:“Currently shutter lead times approx 12 weeks (subject to changes in shipping times).”

After signing the contract, the company refused to price match another quote (even though their contract said so) and basically told me that they had started working on the order. I gave up and paid half the deposit as requested on in November.

My questions on will it be installed before Christmas went unanswered till I receive an email mid December stating shutters will arrive in the UK on 2nd week of January, and another one end of January stating shipping has been delayed.

Fast forward last week and I finally get an install date for next week.

I’m slightly miffed at myself in believing that “we’ve started working on the order” in September was nothing but an empty threat to make me pay up. So they actually initiated the order in November when I paid half the deposit.

I will bring up the question of some compensation for delay but I would like to know where I stand here.

powerful_Rogue

https://forums.moneysavingexpert.com/discussion/6654477/much-delayed-supply-and-fitting-times

What do the T&C's say about deadlines?

You could send them a 'Time is of the essence letter' -

https://www.citizensadvice.org.uk/consumer/template-letters/letters/problems-with-services/letter-to-make-time-of-the-essence-services/

eskbanker

After signing the contract, the company refused to price match another quote (even though their contract said so) and basically told me that they had started working on the order. I gave up and paid half the deposit as requested on in November.

What's the significance of paying half the deposit in November - was this the remainder of the deposit after paying the first half on contract signature, or the first payment to be made?

I will bring up the question of some compensation for delay but I would like to know where I stand here.

You're unlikely to have any legal or contractual right to compensation for delay - in general there's no harm in seeking some sort of discount as a goodwill gesture, but if the company has already failed to comply with a published price match promise then you may find them to be unyielding.

If you now have a confirmed installation date for next week, I think in your shoes I'd just grit my teeth and let them get on with it, and if you still feel miffed afterwards, take it up with them then…

powerful_Rogue

I would send the time is of the essence letter, but put down the new date next week they have given you as their final chance. That way if it doesn't go ahead, you have options.

Grumpy_chap

When you signed the contract in September, what were the payment terms associated with that?

It is not uncommon that companies making bespoke products do not start work until they have received at least the first payment. Was the payment you made in November the first payment? If so, it is not unreasonable that the 12-week clock only began ticking at that point and, no doubt, Christmas shut downs will have extended that timeframe.

As annoying as the delay is, you will (presumably) still want the blinds and trying to change ship now will just take longer. It is not clear why there should be any compensation for delay and raising that topic might sour relationships. I would work on the basis of ensuring that the install next week goes smoothly and look forward to enjoying the shutters for many years to come.

maxxpayne

https://forums.moneysavingexpert.com/discussion/comment/81876098#Comment_81876098

Unfortunately there’s not much T&C. Here’s a copy of the contract I signed.

10 year manufacturers product warranty on timber shutter blinds

We price match like for like quotations

Shutter Blinds

76mm louvers, fully hidden tilt (no rods)

Super white finish, white hinges

Solid hardwood shutters, wooden framing (No MDF)

Single hinging panels

Midrail separating top and bottom louvers

Handle changes to slimmer included

Up front bay

Down front bay

£2,900.00

20% VAT· £580.00

£3,480.00

Notes

Currently shutter lead times approx 12 weeks (subject to changes in shipping times).

A 50% deposit secures the order and balance is due prior to installation. Pricing includes fitting and VAT @ 20 %. Note that we do

not remove or dispose of any existing window dressings.

I agree the above details are correct and consent to proceeding with the work and will pay a 50% deposit.

maxxpayne

https://forums.moneysavingexpert.com/discussion/comment/81876118#Comment_81876118

Well the significance according to the contract seems that it secures the order. That payment was half of the order total.

However, if that’s the case, it was wrong for the business to have forced me into paying after stating that they’ve started on the order as an excuse not to price match.

I guess I’ll accept my fate (lessons learned etc.) and move on.

Appreciate the feedback.

maxxpayne

https://forums.moneysavingexpert.com/discussion/comment/81876132#Comment_81876132

Thanks. I’ll just accept fate and enjoy the shutters.

Aylesbury_Duck

It sounds plausible that work had started on the order, if one assumes they were being manufactured to your specifications prior to shipping.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81876280#Comment_81876280

Still not sure I'm following - you said you'd paid "half the deposit" in November but then stated that "That payment was half of the order total"? What was the size of the deposit relative to the total order value, and how much did you pay on contract signature in September?

born_again

Thought this sounded familiar

Was 5 pages not enough last time?

https://forums.moneysavingexpert.com/discussion/6633083/seller-not-upholding-price-match-promise-and-hiding-behind-contract