Problems With Services: Delays in delivering goods or providing services
If a date when the service would be carried out was not agreed when the contract was made, it must be performed within a reasonable time. What is 'reasonable' will depend on the circumstances of the individual case.
What is a reasonable time?
Your rights depend on whether you and the trader agreed for the goods to be supplied or delivered by a specific date, or for the services to be started or finished by a specific date. This is known as making time of the essence.
Delivery time has been agreed
Time is of the essence in a contract if:-
- it is clear from the agreement that it is essential that the agreed date is met, for example, where an order for a car repair says that it must be completed by a particular date as the customer is going on holiday; or
- it is obvious from the situation that the date was crucial, for example, where a wedding dress or cake is ordered and the trader is told the date of the wedding at the time of the order.
If time is of the essence and the delivery date or starting or finishing date is not met, you can refuse to accept the goods or services and get your money back. Alternatively, you may agree that the services may go ahead but a lower price negotiated. You may also want to consider legal action to claim compensation or to force the trader to carry out the contract
Delivery time has not been agreed
If a delivery date was not stated, the goods must be delivered or the service begun and carried out within a reasonable time. What is 'reasonable' depends on the particular circumstances, for example, the nature of the goods or service, the conditions in the trade concerned and whether the delay was due to circumstances beyond the trader's control.
If timing was not part of the agreement then you cannot claim breach of contract because the timing is not considered to be an essential element of the contract. In this situation you can:-
- arrange a new date making time of the essence; or
- try to negotiate with the trader to stop the contract and return any money paid.
- Statutory consumer rights for services
- When the statutory consumer rights do not apply
- Affirming the contract
- Options for resolving a problem with services when your statutory consumer rights have been breached
- Compensation for goods and services
- Breach of contract
- Non-statutory contractual rights
- Alternative dispute resolution schemes and trade association codes of practice
- Guarantees and extended warranties
- Actions for personal injury or damage to property