Compensation for late delivery of item

[idnzor]

We're renovating our home, but we hit some issues with the supplier of the windows (which cost around £20k).

 

The windows turned up on the agreed delivery date (a Friday) without the fixing materials required to install them. As soon as the order arrived, I notified the company and they sent out the fixing materials, which arrived early Tuesday. As a result of the delay, we incurred the following costs:

 

- £3000 - 3 days downtime for window fitters, as they had nothing to do until the Tuesday

- £2000 - emergency repair work to re-weather property where the windows were due to be installed (severe weather was due the next day).

 

From what I understand, I am entitled to claim the above in compensation. Here's one of the articles I've researched:

 

http://www.adviceguide.org.uk/wales/consumer_w/consumer_common_problems_with_products_e/consumer_problems_with_delivery_e/delays_in_deliveries.htm

 

The key passage:

 

 

You can claim compensation if items aren’t delivered on the agreed delivery date or within 30 days of placing your order.

 

If the delivery date was important, you could argue that time was essential.

 

The extra outlays has meant we now cannot afford to complete the renovation work. I believe I am entitled to compensation. Indeed, we've already received £1500 from the window company because they changed the delivery date with one week to go (we still had to pay the window fitters wage for that period).

 

It gets really complicated, however. The window company contest that the fixing materials were never included. Indeed, on the final quotation it clearly states they weren't included. However, on the actual confirmation of the order (a later document), it states (with emphasis) that they are included. I also rung up to check and was given verbal confirmation that they were included.

 

Their final position is that the order confirmation was a mistake and earlier documents stated they weren't included - they also have no record of the phone call.

 

My position is that I was told both verbally and on the order confirmation we were due delivery of the items and this should have precedence over the earlier correspondence.

 

Just to clarify events:

 

1. We receive the final quote, stating fixing materials aren't included
   
2. We receive the order confirmation, stating the fixing materials are included.
   
3. I am given confirmation on the phone the fixing materials are included when asked.
   

 

I have two questions:

 

• Am I actually entitled to compensation for the late delivery of the items?
  
• Do I have a case for compensation?
  

 

Thanks for your time! It's not a great position to be in. I've self-built a lot of the house and am now unable to complete because of this.

[steampowered]

You need to check whether you received any T&Cs from the supplier with an exclusion of liability clause. This will often say that the maximum liability of the supplier is the price of the goods.