Thanks for your question. Please kindly RATE my answer when you are satisfied
Could you confirm what your preference would be at this stage please. Would it be a refund or for the work to be completed?
the work to be completed but some sort of compensation for the inconvenience and time take off work
Thanks. Other than the various dates you have received for fittings by text and so on does your agreement provide for any timeframe in which the product would be fitted by? i.e. did they agree fitting within 2 months when you placed your order or was nothing specific agreed?
they gave an estimate of within 8 weeks subject to what slots they had and the manufacturing time but nothing in terms of a guaranteed by date
Thanks. First and foremost, you agreement with the company is determined by the terms and conditions of your agreement with them. Consider reviewing a copy of their terms and conditions to see if the same contains any rights which you can seize upon. It is not likely that it will because such terms are drawn by the company and therefore tend to be more favourable towards them not you but nevertheless it is worth checking the same. More usefully however terms are implied into your agreement by virtue of the supply of goods and services act and also under Common Law. Terms are implied to the extent that the work carried out by the company must be of reasonable skill and quality, and that where no specific timescale is agreed, the work must be carried out in a reasonably timely manner
so any compensation would just be goodwill on behalf of the company not wanting bad customer feedback i guess
From what you say they are in breach of contract in that they have failed to exercise reasonable skill and care and have failed to deliver the product in a reasonable time. In addition if you have had to take time off work in order to wait in then you can claim damages for your time.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).