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can dell do this
Comments
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how can they be 'obliged to complete order' if they havent got it?!
Because they have to provide an equivalent or superior alternative!
Can't people read? It is clear as day in their own terms and conditions which I quoted direct from their website.
And force majeure? LOL. I don't believe that any court would uphold Dell for their breach of contract for this. There is nothing to stop them from upholding the contract and their own terms & conditions by providing an equivalent or superior alternative. Or indeed from re-stocking the original items from their suppliers.0 -
Can't people read? It is clear as day in their own terms and conditions which I quoted direct from their website.
And force majeure? LOL. I don't believe that any court would uphold Dell for their breach of contract for this. There is nothing to stop them from upholding the contract and their own terms & conditions by providing an equivalent or superior alternative. Or indeed from re-stocking the original items from their suppliers.
"10.3 If the Force Majeure event lasts longer than 60 days then Dell shall have the right to terminate the Agreement by providing notice in writing to Consumer & returning all sums paid by Consumer under the Agreement. No compensation to Consumer will then be due in these circumstances. "
Which is what appears to be happening here. These are Dell's terms & conditions, not the SOG act! It isn't law, they can cancel it!There is nothing to stop them from upholding the contract and their own terms & conditions by indeed from re-stocking the original items from their suppliers.
Wouldn't the reason they've cancelled the order although unknown (but thats not relevant) be whats stopping them?0 -
Get over it and get a different computer from someone else.0
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"10.3 If the Force Majeure event lasts longer than 60 days then Dell shall have the right to terminate the Agreement by providing notice in writing to Consumer & returning all sums paid by Consumer under the Agreement. No compensation to Consumer will then be due in these circumstances. "
This is NOT force majeure. Force majeure would be if a warehouse burnt down or similar. It is NOT items going out of stock.Which is what appears to be happening here. These are Dell's terms & conditions, not the SOG act! It isn't law, they can cancel it!
Haven't you ever heard of a contract? A contract has been formed, and Dell are in breach. The contract incorporates Dells terms & conditions as well as the SOG act. Taken together, Dell are obliged to offer an equivalent or superior alternative.Wouldn't the reason they've cancelled the order although unknown (but thats not relevant) be whats stopping them?
Absolutely and utterly irrelevant. By the contract formed by their own T&Cs they cannot merely cancel the order. Force majeure does not apply, and no court in the land would uphold it just because something was out of stock.
The OP should be going back to Dell and insisting they supply equivalent or superior alternatives as they are obliged to do.0 -
Force majeure does not apply, and no court in the land would uphold it just because something was out of stock.
Rubbish. Force majeure is circumstances beyond their control. If another company no longer makes a component then it's not Dell's fault! I think you'll find a court would find in favour of Dell. Courts don't tend to be as petty!0 -
From Wikipedia
Force majeure (French for "greater force") is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as war, strike, riot, crime, act of nature (e.g., flooding, earthquake, volcano), prevents one or both parties from fulfilling their obligations under the contract. However, force majeure is not intended to excuse negligence or other malfeasance of a party, as where non-performance is caused by the usual and natural consequences of external forces (e.g., predicted rain stops an outdoor event), or where the intervening circumstances are specifically contemplated.
Can you please explain what is extraordinary about items going out of stock. Or what extraordinary events prevent Dell from supplying equivalent or superior alternatives? You are demonstrating zero understanding of contract law and force majeure.
There is no way that any court would find something going out of stock extraordinairy. And even if they did, there is no way that any court would discharge Dell from their contractual obligation to provide equivalent or superior alternatives.
I really don't understand why people are arguing against this when Dells own T&Cs are so clear, and the only argument against is a gross misunderstanding of Force Majeure.0 -
what are the components you are ordering?
this has great bearing on this.
eg if its just a pc/laptop component then its unlikely they cannot supply an equivalent item.
if however its an item made by 1 company without raising compatibiliy issues etc then its another matter0 -
chocolatechipcookies wrote: »Get over it and get a different computer from someone else.
How is that useful to the OP? They came on here for assistance with a genuine question. It is clearly Dell who are in the wrong, and the OP should be supported in dealing with them.0 -
mind you,this thread made me check the staus of my own dell order
ordered 08/01/08
delivery dates been changed 3 times and is now showing 7/02/08
in an email received 30/01/08
however my status shows order cancelled! but funds were taken on 30/01/07
so we shall see what Dell say on this
i also note at least one of the items are still on the dell site,albeit at a higher price0 -
Dell are not wrong, you are!
Dell can withdraw from a contract before it's completed
In principle there is no legal commitment until a contract has been concluded by the acceptance of an offer and, up to that point, either party is free to change his mind and withdraw from the negotiations, see: Grant v Routledge (182 something or other!)
There is no requirement for Dell to sell to you!0
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