Incomplete order by mail order
Submitted by P MacDonald on Tue, 03/11/2009 - 18:52
Five months ago I ordered from an official agent of the manufacturer (by phone), ten spare parts so that I could repair a power hand tool. Eight out of the ten items have arrived in stock at the agent but the other two have been on back order from the start and although promised by the manufacturer every month, fail to appear. I prepaid by credit card.
Unfortunately, I need all the parts to carry out the repair so asking them to send me what is availabIe, will not help me.
Can I walk away from the sale and insist on a complete refund or, can I insist that my credit card is refunded until the final parts appear?
If it can be shown that this
If it can be shown that this order was indivisible ie that the order could only be fulfilled by delivery of all th e items then there has been a total failure of consideration.
You would then be entitled to the return of all your outlay.
You should write to the supplier giving them 14 days to complete the contract and in default require the return of your money.
icox@s-law.co.uk