Window supplier in breach of contract?

formysins

A couple of weeks ago I ordered some UPVC windows and doors from a well respected window company. Their rep had been out to site on 2 occasions to measure up, quote and measure up again.

I signed the contract with them, sent off a cheque for the 50% deposit as requested by the rep only to receive a voicemail (followed up with an email from the rep) stating that although the windows I had ordered had gone into production, they wouldn't be going into production in my chosen colour until the end of the year.

Therefore, they'd need to change the spec on the windows and increase the bill by € 460 euro. Now, I'm not normally one to quibble but my situation is this:

• These windows and doors are for my garage which is being built PRIOR to my house (the quote for the house is north of € 22k).

• The total original order value for the garage windows and doors was € 3,600 so this represents a price increase of 13.5%.

• We have a contract signed by both parties which should surely count for something.

I'd welcome any advice from someone who may be more familiar with this territory or have been in a similar situation.

I understand that going down the legal route would only make for a -ve working situation for both parties but I'm more than p*ssed that I'm in this position through no fault of my own. Incidently, on receiving the email from them explaining the situation I told them NOT to cash the cheque they were holding.

discus

Name and shame, please.

Also, this is bang out of order. The contract was signed.

si_guru

If this is the same one I used - who supplied a really poorly fitting door to the Fatheri-n-law (part of €10K prder)... threaten to go on Live FM (or Radio Kerry in our case)... problem was fixed the next day.

As you said "50% deposit up front" - I reckon it is them.

formysins

discus wrote: »

Name and shame, please.

Also, this is bang out of order. The contract was signed.

si_guru wrote: »

If this is the same one I used - who supplied a really poorly fitting door to the Fatheri-n-law (part of €10K prder)... threaten to go on Live FM (or Radio Kerry in our case)... problem was fixed the next day.

As you said "50% deposit up front" - I reckon it is them.

I've PM'd you both the details of the firm in question purely because my problem with them hasn't yet been resolved and it could genuinely be an isolated incident and they're chancing their arm.

The Radio coverage might wake them up a little bit though! Great idea.

dudara

discus wrote: »

Name and shame, please.

Please do not name and shame, particularly if the OP is considering legal action.

jor el

If they are failing to meat the requirements of the contract, then the contract if void. You can ask for a full refund of the deposit, and cancel the order.

Considering how they've behaved so far, that's what I'd do. Do you really want to continue in what will be quite an expensive and permanent purchase with a company like this?

Boggles

If they haven't cashed the cheque, cancel it immediately.