Can you force the supply of goods?

[akendall1966]

Appoligies this is going to be very similar to other threads but I hope with sufficent a twist to make a new thread worthwhile...

Recently ordered a rack for my motorcycle and did so because the one I had been considering suddenly dropped ~£90 in price on the distributors site. Quickly ordered, order w2as accepted and a paypal payment taken. Order was acknowledged with delivery 3 to 5 days delivery.

To keep it short three promised deliveries have been missed blamed on delays in the factory in Germany, each accompanied by polite enquiries as to whether I can wait or not. Meanwhile the price went back up by a ~£100 on the web site. I have checked the other UK distributor of this item and they are asking the higher price comparable to the price before the drop that tempted me. And they reckon the part is ex-stock in the German factory, hard to affirm without placing an order.

I smell a rat and suspect they messed up the price and missed a 1 of the front and are now trying to frustrate me into cancelling so they don't take a loss on the order. So far I have played the waiting game each time telling them that despite my disappointment I will wait. It is over 8 weeks now the next promised delivery date is up in a week, assuming the expected no show is there a next step I can take to increase the pressure t give me the goods as that is a much better outcome for me than a refund and a repurchase elsewhere for a ~£90 higher price.

I can continue to wait the rack is a ncie to have rather than a need right now, but is this a futile position just delaying the inevitable refund and repurchase elsewhere at the higher cost.

Thanks in advance for your advice.

AK

[natweststaffmember]

Re: Can you force the suuply of goods?

I would perhaps email them and ask why there is a delay and can they guarantee when they will deliver the item as you have been waiting 8 weeks

[TANZARELLI]

Re: Can you force the suuply of goods?

http://www.opsi.gov.uk/RevisedStatut...9_en_2#pt1-pb1
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The Supply of Goods and Services Act 1982 requires a supplier of a service acting in the course of business in England, Wales and Northern Ireland to carry out that service with reasonable care and skill and, unless agreed to the contrary, within a reasonable time and make no more than a reasonable charge.

http://www.berr.gov.uk/whatwedo/cons...page38337.html

[Guest]

The supplier does not need to supply the goods and may choose to cancel the order.

However, if they do, you may issue a claim for Loss of Bargain. See here Legal Beagles post #7 is somewhat similar to your situation and also here Legal Beagles

Unfortunately, there is a defence if the supplier made a mistake in their price, which you seem to believe that they have. See here Legal Beagles

[righty]

Re: Can you force the supply of goods?

The defence of the mis quoted price is only good if the supplier tells the customer he's made such a mistake & after this delay it's doubtful that such an argument would be viable - they have had plenty of time to tell you of their mistake & haven't in fact they have caused you incurred you in extra costs & time having to repeatedly chase them

[akendall1966]

Re: Can you force the supply of goods?

Thanks very much for your input I will read the other threads suggested.

Nattie - my last email to them on June 23rd which has so far been unanswered said...

"Yes - I can wait a further two weeks if that results in delivery of the rack. Please can you ask the factory to commit to a dispatch date they are certain they can meet and advise me that date.

While I appreciate things do go wrong, the order acceptance on the 10th May I received stated 2~5 days delivery, I chased the order on the 27th May and was advised dispatch on the 1st June, On the first I was advised a three week delay (21st), now there is a further two week delay. So currently delivery will be close to 8 weeks if this commitment is met. I understand as distributors you are somewhat at the mercy of the factory, but having noted after the price drop on this item that encouraged me to order it has increased back to its previous levels. I am afraid I am a little suspicious that the continual delays accompanied by the questions whether I am prepared to wait, may be in hope I will cancel and resolve a pricing error? I do hope I am wrong and you can confirm your intent to fulfill this order as soon as you can secure the goods from Hepco Becker."

Lets see what next week brings when the two weeks is up.

Thanks again.
Adrian