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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9118
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We are trying to pull out of an emailed order with a

Customer Question

We are trying to pull out of an emailed order with a supplier within 7 days. Their response is:
Thanks for your mail , unfortunately you haven’t got a 14 day cooling off period , you have entered into a business contract and signed a regulated commercial financial agreement
For you to cancel this agreement and PO you would be liable for our losses which includes loss of profit , shipping costs , admin costs , loss of technicians earning , delivery costs
We have stopped delivery of the goods as per your e-mail refusing to take delivery .
We look forward to your reply
Is this correct?
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you agree that you entered into the contract as a business? Also why do you wish to cancel the order?

Customer: replied 1 year ago.
I agree that we entered into the contract as a business. I am concerned that a delivery note was included within the finance documents provided by the leasing broker to fool the leasing provider into releasing funds prior to delivery of goods - normally they only release funds when the goods have been installed. I did not realise this was a delivery note at the point of signing - my mistake. We basically no longer require the goods.
Expert:  Ben Jones replied 1 year ago.

Was there a cancellation clause in the agreement you entered into?

Customer: replied 1 year ago.
The lease company are happy just to have their money back. The supplier delivery note was a blank form which had no details of the supplier completed at the point of signing. Just a declaration at the bottom saying goods had been delivered. There were no specific cancellation clauses from the supplier. Attached document clarifies.
Expert:  Ben Jones replied 1 year ago.

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Customer: replied 1 year ago.
OK, well no one has answered my question, but the situation has evolved. We have now accepted the machine and it has been on site for 3-4 weeks. It hasn't been fully functional at any point and is still broken and awaiting engineer response.The question now is 'At what point do we have the right to return the machine as not fulfilling the suppliers contractural duty to supply working goods'?