Where do I stand? Retail contract?

Soldato
Joined
18 Oct 2002
Posts
8,973
Ok,

I've sent my Tag watch away (back to Tag) to be serviced, its not been looked at in years and as usual, Beaverbrooks gave me a long lead time of 7 weeks. It was given to them on the 09th Feb this year and the collection date given was 30th March. A good 7 weeks. The first two weeks were for an estimate/quote to which I agreed for the services to take place.

I've phoned today to see what the status of the service is and I've been informed (after I was called back) that it is now not going to be available till the 01st May, another 4 and a half weeks!

Question is, where do I stand regarding payment and contract. I've not handed over any cash at this stage and obviously my contract is with Beaverbrooks. I know it's kind of out of their hands, however, as a customer, what rights do I have regarding payment etc? Its not acceptable that the lead time has now been increased another 4 and a half weeks despite it being quoted and estimated that it would be back by the 30th.

Comments, as usual, requested!

Regards,

Greg
 
Unless it was represented that your watch would be ready on that day, I'd imagine you were aware that it was an estimate. The term you are looking for is the Supply of Goods and Services Act 1982, s.14:

(1)Where, under a contract for the supply of a service by a supplier acting in the course of a business, the time for the service to be carried out is not fixed by the contract, left to be fixed in a manner agreed by the contract or determined by the course of dealing between the parties, there is an implied term that the supplier will carry out the service within a reasonable time.

(2)What is a reasonable time is a question of fact.

You could lodge a complaint on that basis, but before you did so I would ring around and see how long it would have taken another dealer so that your complaint has more weight.

I hope that's of some use.
 
I seeeee, ok that's reasonable enough. Do you think I should perhaps try and get Beaverbrooks to show me something of good faith or am I just being a little unreasonable?
 
It’s a hard one to push because you would in effect be arguing that you suffered consequential loss by not having a watch, I'm not sure how easy that would be.

What would you want anyway from them, a broach?
 
I seeeee, ok that's reasonable enough. Do you think I should perhaps try and get Beaverbrooks to show me something of good faith or am I just being a little unreasonable?

I would ring round and ask how long it would take another dealers to have the watch repaired, with a realistic estimate and with what guarantee of completion and for what price.

With that information you will have a better idea of how unreasonable Beaverbrooks are being. If they are being out of order, I would send them a letter explaining your grievance if you don't feel like speaking to the manager of the store and see what the response is and take it from there.

At the end of the day you just want the watch back fixed - you can ask for them to speed it up or a discount in light of your difficulties. I wouldn't be thinking about witholding payment until you have complained and see what they say.
 
If you write to them it will probably take them 28 days to reply. Your watch will be in Switzerland by then or possibly even back from service.
 
Similar experience here. I always take my Tag back to the jewellers from where i bought it for battery changes etc. Usually it's away for a month but last time they phoned me to say it needed a service and new crown. Gave them the go ahead, had to live without my precious watch for 9 weeks :eek:
 
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