Kent Solicitors

Question:

In December 2008 I ordered a machine with a separate attachment from a company for business use. The machine was delivered on 22nd December without the attachment. This was promised for the end of January. The attachment wasn't delivered and after three attempts to contact the company I received, by email, notification that they were in the process of redesigning the attachment for increased performance. They stated that they had anticipated it being ready but had encountered problems and therefore the part was not ready.

The attachment adds significantly to the functionality of the machine and not available from other manufacturers as they would be incompatible.

Without the attachment the machine does not match my requirements specified when I placed the order. The Sale of Goods Act states that goods should be fit for purpose. Can I claim a full refund and return the machine to at their cost? If the company refuse a refund what would be my next step? The machine cost 5000 pounds.

Answer:

You must review the terms of the contract to see what it said about delivery times and delay. If there are no explicit provisions, write giving a reasonable period for delivery but now making “time of the essence” of the contract so far as delivery is concerned. Reject the goods if delivery is not made in that period and then sue for the return of your money.

If you are experiencing problems with supply of goods please ring Michael Breeze to discuss further 07 900 195 195

Labels: supply of goods

Question:

In December 2008 I ordered a machine with a separate attachment from a company for business use. The machine was delivered on 22nd December without the attachment. This was promised for the end of January. The attachment wasn't delivered and after three attempts to contact the company I received, by email, notification that they were in the process of redesigning the attachment for increased performance. They stated that they had anticipated it being ready but had encountered problems and therefore the part was not ready.

The attachment adds significantly to the functionality of the machine and not available from other manufacturers as they would be incompatible.

Without the attachment the machine does not match my requirements specified when I placed the order. The Sale of Goods Act states that goods should be fit for purpose. Can I claim a full refund and return the machine to at their cost? If the company refuse a refund what would be my next step? The machine cost £5000.

Answer:

You must review the terms of the contract to see what it said about delivery times and delay. If there are no explicit provisions, write giving a reasonable period for delivery but now making “time of the essence” of the contract so far as delivery is concerned. Reject the goods if delivery is not made in that period and then sue for the return of your money.

If you are experiencing problems with supply of goods please ring Michael Breeze to discuss further 07 900 195 195

Labels: supply of goods