Paul Hynes Excuses to deliver the power supply

[paulhynes]

Amir,

 

I sent you a notification e-mail explaining the reasons for the current schedule delay and detailing the planned solution, which is to work through the outstanding backorders over a realistic time frame of one per week. I have allotted a number to each order in chronological order to be as fair as possible to those with outstanding orders. Your number is 16. Your response was to issue a deadline for delivery or refund by the end of this month.

 

I explained to you that there are no provisions for order cancellation in my ordering terms. I explained that this is because custom build is not like ordering off the shelf product. I have to design the product to suit your application and then order all the materials on your behalf ready for construction. Where customers request a cancellation refund I try to be helpful by placing the order on the list for project transfers and offer them to customers making new enquiries. I currently do not charge for the additional work required to negotiate a project transfer. The net effect, when the transfer occurs, is a full refund becomes available to the original customer and he suffers no penalties for cancelling a custom build order and neither he nor I lose any money, which in my mind is an equitable balance. There is an alternative to not offering the project to other customers and that is a hefty re-stocking charge to cover the cost of materials and admin time. I doubt if anyone would prefer such a restocking charge.

 

Your reply was that you would send me an account number and to “please get back my money as soon as possible”. I naturally assumed this meant you were happy for your project to be included in the transfer list so I placed it on the transfer list.

 

Your next e-mail late last Thursday was to request telephone communication. I much prefer e-mail communication for all business activity, as there is then a record of all discussion of custom specifications, specification changes and any other business related issues. I was away for most of Friday on family business and did not get time to check all my e-mail.

 

It would appear that some people assume that I work 24/7/365 and can answer any communication instantly in real time. Excluding holidays and weekends as well as absence due to work and family commitments I usually work Monday to Friday from 10am to 1pm and 2pm to 5pm. Your next three e-mails were sent over the weekend when the office/workshop is closed.

 

There was also another e-mail from someone unknown to me providing just a name and bank account details and requesting your refund. If this is your UK Lawyer he should understand normal legal procedure in the UK and provide a more informative communication than this.

 

To be clear from my point of view, I have offered a revised schedule, which you have refused demanding to jump the production queue. I have also offered a sensible and equitable solution to your request for a refund with no loss of money on your part, although I will incur loss of time to enable a transfer to happen, which you also now appear to be refusing. I have no prejudice towards you and my offers remain open.

 

Paul Hynes