Can I refuse to pay full amount on the grounds of late delivery, bad service?

[Direct Print Int]

Hi Guy's

We are renovating a little house in a conservation area and we needed to replace the windows.

We commisioned a company to make the windows to the specification of the conservation office guidelines in June of this year (6 months ago).

They said the delivery time would be 4-6 weeks.

They eventually arrived 10 weeks after the initial agreement and they did not match the conservation guidelines and there were numerous qualty issues.

After some discussion they agreed to remake them. This time we were more thorough with how they should be and they agreed to be delivered ASAP.

They then fitted them 2 weeks ago 26 weeks after the original fitting with slight quality issues and a couple small but annoying variations in spec but they are to conservation standard.

I am planning to deduct 2 months rent from the final payment because it put our moving in date back (we were renting untill we moved in and were unable to plaster walls untill the windows were in)
I am also planning to deduct further amounts for bad service (not getting back to my phone calls and emails)
and also a deduction for bad quality and different spec to what was agreed in writing.

1. Do I have a leg to stand on!

2. If it went to court what chance would I have of winning.

Sorry about the essay guys and girls, your advice will be so greatfully received.

 

[Mpg]

I think you'll struggle. You have accepted them and had them fitted. Its almost like blackmail. " we'll pay x amount dont like it then come take your windows"

I think you should have brought up the payment issues before accepting delivery.

Also it may say in their T&C's that ownership does not transfer until paid for.

If your refusing to pay then they still own them. If you refuse to give them back then thats theft

 

[Direct Print Int]

We have not accepted them as finished yet and they were well aware that by being 20 weeks late this would cost us more in rent.

It's a tricky one. We have been promised dates that they were to be fitted all the way through and many times they just didn't show up. if we thought it would take 20 weeks longer we would have gone elsewhere.

We have already paid a 50% deposit 26 weeks ago.

 

[kulture]

I dont think you have a leg to stand on. You ordered goods, they have delivered, you have let them be installed. I suspect that their terms will exclude consequential loss and I bet you did not specify time being the essence when you first ordered.

If it is any consolation I would guess that they have not made any money on this order as they had to re-make the windows.