In a nutshell - I have a range-type cooker with an induction hob. Somehow the hob top got cracked. An electrician came and told me that it could be replaced. The part would be 400 quid but the delivery time was estimated at 5 weeks. That was over 8 weeks ago. Now he says that the supplier can't give him an ETA for the item, but has told him it is "on the list for production" at the factory in Italy.
I've talked to him about cancelling the order but he has made some noises about it being a special order so it can't be cancelled. My feeling is firstly that we only had a verbal agreement, and special orders and non-cancellation were never mentioned. Secondly, ordering something doesn't mean you'll wait for it until the end of time, and they will have a hard job collecting that money.
Do the local experts have experience of this sort of situation? At what point is the customer on the hook for parts ordered by a tradesman? your wisdom appreciated !
I'd argue that he's full of shit, what is a "special order" when it's at home? If it was a bespoke item then sure, because then they'd be stuck with something they couldn't resell if you cancelled, but I doubt your cooker is a custom-made one-off. (Is it? Are they having it made to order?) If it's "on the list for production" then it's not been produced so this argument is moot anyway.
Assuming you cancel the order though, what are you going to do about your broken hob? At £400 for a repair I think I'd be buying a new one which is easier to service
Assuming you cancel the order though, what are you going to do about your broken hob? At £400 for a repair I think I'd be buying a new one which is easier to service
Yeah - that will be the first criterion in our choice! It’ll be a cold day in hell before I buy anything else made by De Longhi.
If it was a bespoke item then sure, because then they'd be stuck with something they couldn't resell if you cancelled, but I doubt your cooker is a custom-made one-off. (Is it? Are they having it made to order?)
Good point. I remember this topic from the threads about sunglasses 🙂
Yeah,, they should be emailing you (or writing if they are old fasioned) an estimate for the whole job, and asking for your agreement and a deposit before they started ordering expensive parts in...
Verbal contract? not worth the paper it's not written on.
But on the flip side, what are you gonna do? if it is indeed a specialist part that takes time to get, then you may be cutting your nose off to spite your face, as any other tradie will still have to wait for the mystical specialist part to delivered.
Verbal contract? not worth the paper it's not written on.
But can be legally binding
See you in court, lol, that's the only answer to that.
If the contractor has paid for parts and materials in good faith, and you cancel, that's on them, if they didn't take a deposit to cover that, they are up shit creek.
But on the flip side, what are you gonna do? if it is indeed a specialist part that takes time to get, then you may be cutting your nose off to spite your face, as any other tradie will still have to wait for the mystical specialist part to delivered.
You’re right. We’d have to buy a whole new cooker and send the old one to landfill. Which is ridiculous. But there’s only so many sandwiches a person can eat.
It's a part for a cooker. Unless it's no longer available and is being specially made then it can be returned, that's the electrician's problem as they ordered it.
If it hasn't been dispatched within a reasonable time then the order can be cancelled, unless the electrician agreed to the extended time. Again the electrician's problem.
Similar to rights within the UK, because our law is Anglicised EU law. Assuming it was ordered via de Longhi (UK) then those rights are stronger and the logistics simpler.
Bottom line; clarify the specialness of the order and any agreement on delivery time. If in doubt check it by ringing de Longhi as a prospective customer
Good summary, I think.