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NSW Compensation Due to Supplier's Delay?

Discussion in 'Australian Consumer Law Forum' started by nothappy, 3 August 2016.

  1. nothappy

    nothappy Member

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    I signed a supply and install contract with a supplier in which we agreed and was stated by the supplier the installation would be completed three weeks after site measure. The supplier keeps coming up with silly excuses and keeps saying he is coming on a certain day to install but never shows up or and turns off his phone.

    The supplier is now 5 working days late with his installation and I fear he will drag it even to another week, in addition to not delivering some other joinery items we have already paid a deposit for.

    The delay from the supplier has now caused the builder to tell me he can't bring his plumber one more time to install only the kitchen as the payment to the builder has already been spent on bringing the plumber to the site to work on the bathroom only as there has been no kitchen to work on. Basically, I would be left to pay additional plumber costs because of the lateness of the kitchen supplier.

    The supplier has responded on email and on the phone a few times that he is coming on certain dates, and the only day he showed up he only brought some pieces of MDF to put on the base of the drawers.

    I would like to get some compensation from the supplier for the lateness of not delivering the kitchen on time.

    And I would like to know what I can do when he shows up with the kitchen but a few other joinery items around the bathroom and living room are very likely to be missing, I don't want to make a final payment until absolutely everything I have paid a deposit for is installed!

    I know I can try and lodge a complaint through fair trading, but they have said, in unspoken terms, that I should basically pay the supplier first and then try and seek compensation through the tribunal, which is likely to take even more effort, time and emotional heartache that the one already spent on trying to get the supplier to deliver and install the kitchen and to pay additional costs for the plumber!

    Thanks for any help!
     
  2. Sophea

    Sophea Well-Known Member

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    At law time stipulations - where they are stated in the contract to be essential terms (i.e. your contract will state that time is of the essence) then a failure to meet a due date will give the innocent party the right to terminate the agreement and to recover damages. Time is considered to be “of the essence” of the contract, if expressly agreed in the contract or somehow implied into it.

    Therefore if you can prove that time constraints were an essential term of the contract you can terminate and sue them for damages, if not you remedy may be limited to damages.
     
  3. nothappy

    nothappy Member

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    To clarify it has been now 10 working days not 5 as previously stated, I just could edit the thread quick enough.
     
  4. nothappy

    nothappy Member

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    Thank you Sophea,

    We did have the conversation with the supplier about ensuring we could have the kitchen on time as we already have booked the builders for both the bathroom and kitchen demolition and renovation.

    We also stated the need to be on time as we were booking the floor instalaton for the following Monday when the supplier came for a site visit the week prior and the supplier said he will deliver on time.
     

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