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    • Wheelwright
    • By Wheelwright 8th Aug 18, 8:43 AM
    • 2Posts
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    Wheelwright
    Cancel Custom Order if cannot agree delivery?
    • #1
    • 8th Aug 18, 8:43 AM
    Cancel Custom Order if cannot agree delivery? 8th Aug 18 at 8:43 AM
    I have ordered a custom item via an internet ad.
    A "Custom Item" is important as I realise there are different consumer protection rights regarding cancellation of orders and return of deposit.

    The item is a fibreglass model 1800 x 450 x 300mm, weight at least 45kgs.
    Not an easy item to deliver, but that is the product that the manufacturers sell and on my quotation request I specifically listed "crated delivery".

    I have paid a 600 deposit by bank transfer with 1600 still to pay.

    The item is now complete but I am advised that due to shipping damage on previous orders "collection is strongly recommended".

    I have replied that collection is not really practical (500 mile return trip ); I specifically asked for delivery ; and reminded them of their obligations to ensure safe delivery of the item.

    Question
    What if we start discussing my suggestions for packaging e.g. minimum 12mm plywood crate, insert foam etc .
    Am I giving away rights to any claims for damage if they ship to my suggestions?

    Question
    What if they refuse to deliver unless I accept responsibility for damage, a condition I would not accept?
    Can I then cancel a custom order and request my 600 deposit back on the grounds that they refuse to deliver according to their obligations under Distance Selling (i.e. safe delivery and transfer to purchaser)?

    1600 is a lot more to pay if there are doubts about safe delivery.
Page 1
    • unholyangel
    • By unholyangel 8th Aug 18, 2:19 PM
    • 12,624 Posts
    • 9,933 Thanks
    unholyangel
    • #2
    • 8th Aug 18, 2:19 PM
    • #2
    • 8th Aug 18, 2:19 PM
    Assuming this is a consumer sale (ie you're not acting in the course of your business/trade/profession) then unless agreed otherwise at the time of entering the contract, the contract is to include a term that the trader must deliver the goods to the consumer. The trader must also do this within the agreed time/period or (if no period/time was agreed) within 30 days. The trader is liable until the goods enter your physical possession (or the possession of someone you have identified as authorised to receive the goods).

    Once agreed, a contract cannot be varied without both sides consenting to the changes. Allowing one side to vary terms (especially at their discretion) is unfair as it has the effect of making the contract binding on one party only, which upsets the legal balance.

    Typically a consumer cannot sign away their rights but it certain circumstances they can be lost (ie if you ask for a courier that the trader doesn't offer as a standard option then you assume risk/liability as soon as the goods enter the couriers possession). But to keep from muddying the waters, don't make any suggestions about packaging. Its their contractual obligation, its their job to figure it out (or be liable for their failures in trying to figure it out).

    If they refuse to deliver then yes you'd be entitled to cancel and get a refund. However point the above out to them and remind them that they are free to impose collection only on future orders, but they cannot vary the terms of existing contracts except by agreement.
    Money doesn't solve poverty.....it creates it.
    • Wheelwright
    • By Wheelwright 9th Aug 18, 11:20 AM
    • 2 Posts
    • 0 Thanks
    Wheelwright
    • #3
    • 9th Aug 18, 11:20 AM
    • #3
    • 9th Aug 18, 11:20 AM
    Thanks,
    that is a very definitive reply.
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