Delivery Mess - Sue for losses

[gxsl]

Hi Folks,

After having some success with advice from this brilliant forum before I'm back to ask for your help again...yeah, sorry about that

Story is this: Goods ordered from online retailer, extra paid for next day delivery. Goods HAD to be delivered next day as they were to come with me to a job the day after delivery & I was leaving early. 2 items ordered, sent to me by the supplier by 2 different couriers (go figure! Should've known it'd be a mess at this point!)

On the morning of the delivery I was told that the important item wasn't going to be delivered as it had not left the couriers depot the night before. I told the courier company I would collect but that they would have to sort out my losses with their client - backed this up with an email to the courier company CEO & the suppliers customer service team. Cue a 120 mile round trip. I sent the suppliers an invoice for £50 in fuel which is exactly what it cost me. I had to have this item & as I understand it my contract was with the supplier not the courier......

Anyway, supplier says they won't pay, says they will fight any chargeback I make against them with the credit card company & that they will defend any legal case, they do refund me the delivery charge which I reject as an insult - they send me a line from their T&Cs which says they will not be responsible for any losses, to which I replied that the law overrides their T&Cs, that they are effectively in breach & that I will take them to court.

As I see it for the amount involved I have little to lose by taking them to court for it to prove a point, letting them defend it & relying on the common sense of a judge saying "pay the man, your courier screwed up, you recover the loss from them as they have breached their contract with you as a supplier" - right?

[des8]

Re: Delivery Mess - Sue for losses

When ordering the goods did you specify that they had to be delivered the next day? (that is not quite the same as asking for next day delivery)
If you did that becomes an individually negotiated term which over rides their standard T&Cs.
They then failed to deliver, and so were in breach of the contract,
You can sue for your losses, extra costs etc.

[gxsl]

Re: Delivery Mess - Sue for losses

When ordering the goods did you specify that they had to be delivered the next day? (that is not quite the same as asking for next day delivery)
If you did that becomes an individually negotiated term which over rides their standard T&Cs.
They then failed to deliver, and so were in breach of the contract,
You can sue for your losses, extra costs etc.

Sure did Des & hello again

Looks like this is game on then. Thanks muchly.

That other case you helped with is still going on, should've been sorted last week but the judge adjourned the hearing at 20 minutes notice because he was running late, wonderful legal system we have!

[des8]

Re: Delivery Mess - Sue for losses

Good luck.
In the other case I recall the defence was on the lines "oops, we made a mistake".
As such a defence is no defence, and has no chance of success, you could argue the other side is acting unreasonably.
That gives you scope to claim costs on basis "unreasonable behaviour" (CPR part 27.14 (2)(g), so when you finally get to court have a list of your expenses ready (including your time as LiP @ £18 ph) for when you win!

[seduraed]

Re: Delivery Mess - Sue for losses

If you have a situation again the important thing to say in the confirmation email of the order is along the lines of "I confirm that you will deliver the goods to XXXXX before XXXXX as "Time is of the essence". Although in no way legally qualified this phrase makes it clear that a new contract is being formed in which the delivery time is included in the contract .