Paul Hynes Excuses to deliver the power supply

[beautiful music]

56 minutes ago, amir57bs said:

tims

all of my problem is not money or delivering order, i do not like working with unreliable people.

paul should correct his business model.

 

paul do not respond to my email when i told him to deliver my money as soon as possible.

Amir,

How many months did you think Paul will deliver your PSU upon to order No.16?

[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

 

[kopelli]

11 minutes ago, paulhynes said:

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

 

Hello Paul,

 

While I appreciate that none of us works 24/7, over the space of the last couple of months I have sent you several emails requesting an update from you regarding my order placed on 20 July 2017 (cost £1655) but have not had a single reply yet. Can you please either reply to my emails, or PM me here - I understand the delays associated with a bespoke, high-quality component, it's the (complete) lack of response that I find frustrating. Thanks.

 

Georgios

[chauphuong]

It seems being without any sorry for failing to deliver on time

[LTG2010]

deleted

 

[jean-michel6]

On 21/1/2018 at 5:14 AM, sandyk said:

 Given  that he had major health problems, it shouldn't be surprising that many orders were delayed.

 Yes, he shouldn't have kept accepting new orders until his health problems were sorted.

Correct !

[Ben2300]

8 hours ago, chauphuong said:

It seems being without any sorry for failing to deliver on time

+1 

And he didn't say it will refund the customer money either.

[Adyc]

I think the problem is that lack of responses and updates. He didn’t reply any emails. He didn’t update buyers of the progress. 

[amir57bs]

On 1/22/2018 at 4:29 PM, beautiful music said:

Amir,

How many months did you think Paul will deliver your PSU upon to order No.16?

 

I have no idea 

[amir57bs]

On 1/22/2018 at 5:24 PM, paulhynes said:

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

 

 

Dear Paul
You act as if it is all my fault
You have promised a delivery time. The delivery date has passed three times and there was no news from you.
I had to send  an email and ask about it every time while a true gentleman should send a notification in advance and explain the probable causes of delays and excuse for the delay. Again, a true gentleman and a decent businessman would delay the delivery once and for a reasonable amount of time. 
You just make promises you cannot fulfill. 
I know you may have personal problems, but so does everyone else. You cannot mix your personal paraphernalia with your professional commitments.

You say that you cannot refund my payment unless someone else  orders a same product so that you can transfer my order! You are talking a about an order which does not exist!! If you have manufactured it we would not have such a discussion. How you want to charge me for something which does not exist at all.

My request is completely reasonable. Either deliver the product in the promised timeline or refund the payment. I cannot wait till hell freezes over so someday your personal problems are over and after 15 other poor customers (which I doubt about their existence) I may get something

[Ben2300]

I just copy and paste this terms from his own website clearly say any products. Just to have something in solid writing of his own words.

 

Terms of Supply

All Products are built to order and are included in the build schedule on receipt of cleared funds. Production lead times can vary, depending on the length of the outstanding order list, with typical lead times of two to three weeks under normal conditions. Custom items can take longer.

Payment in Pounds Sterling by bank transfer, UK bank cheque, UK Postal Order, International Money Order, International bank cheque or travellers cheque is currently accepted.

Insured carriage (Special Delivery in the UK) and packaging are charged at cost. As this depends on size, weight and destination a quote will be provided at the time of order.

Product warranty covers parts and labour for three years from purchase date provided products are applied correctly, not subject to abuse and not operated outside the specified range.

Customers who are dissatisfied with the performance of any product they purchase can return the product, in good working order, within 56 days for a full refund of the purchase price. As all electronics require an electrical burn-in period to reach optimum performance, this period of 56 days allows a realistic appraisal of performance with plenty of time for installation and burn-in before final assessment. I would suggest a minimum of one week burn-in before making any serious appraisal of electronic equipment or cables. Expect further performance improvement for around a month.

[amir57bs]

My email after 4 month :

 

”

Hello Paul

Hope to every thing be OK.

I have ordered 4 month ago and i would like to know how long does it take you to ship my order?

 

Please inform me about delivery time.

 

Thank you

Best Regards

Amir”

[amir57bs]

Paul answer :

 

”Hello Amir,

I have to apologise for the tardy reply and the fact that I am running behind schedule for a variety of reasons. I thought re-starting the custom build service this last year would be plain sailing with a fresh start with no back orders left to complete. Unfortunately not. In view of this I have extended lead times for new orders considerably while I catch up and placed a limit on order acceptance to two custom power supplies per month so this situation does not re-occur.

There are 12 outstanding power supplies in the queue before your order and I am currently averaging 2 power supplies per week, so it would be approx 30 working days before I reach your order. I have all the materials here in stock for the build. Over the next two months there are two holidays booked for family gatherings, one for a wedding during the last week in November, and one for the Christmas/New Year period, totalling two weeks. I am afraid it will be January before I expect to complete your order.

Regards
Paul”

[amir57bs]

My email after 6 month:

 

“Hello Paul

Happy new year with best wishes, hope to be fine all the time.

I would like to know the delivery time of my order as you mentioned in past i guess it should be in januray.

Make me happy if you have good news about that.

Best Regards

Amir Hossein Akbari

www.hifi.ir”

[amir57bs]

Paul answer after 6 month :

 

Hi Amir,

Good health and happiness to you and your family.

Good days this last year have been few and far between.

The schedule revision has taken longer to sort out than I expected, as there was a large amount of information to sort and collate before I could update all my documentation. I had a young admin helper through spring and summer, before he left for University on the mainland, and I have already noticed filing discrepancies and errors along the way with some orders missing from my build schedule. I wanted to check the accuracy of the custom build order details and also check stock to ensure all the required materials I have in stock match up with orders before finally tabulating the revised build schedule.

I have reached July in the list and will have to continue with progressing the list over the next few days. In view of the time this is taking I have decided to send out notifications for the list so far.

I have now laid out a spreadsheet with outstanding orders showing a schedule of one custom build per week which I think is realistic considering all the other on going day to day work activities that require my attention. Each order is allotted a number and the schedule begins next week. Orders require build time from two to 4 working days depending on complexity, 2 days of Soak test and then they can be packed and the shipment collection booked so it will likely be the week following your number when collection occurs.

I understand that order delays are frustrating for whatever reason and I am determined to get this situation under control. I hope your patience will continue.

Amir, your order number is 16.

The time frame for this will exceed your request for completion during January.
My usual arrangement for custom build order cancellation is :-

Order cancellations before shipping. Occasionally I get customers who request cancellation of their orders. The reasons are usually that their financial position has changed or they have changed their equipment and my product is no longer required. This is custom build and very different from buying items “off the shelf” so I have to apply some conditions to orders to ensure I do not suffer financially from order cancellations. In principal, under these circumstances I am happy to issue a refund, however as I have usually begun the preparation work for the order, and ordered and paid for the materials for the order, enough time should be allowed for the transfer of the order to another customer to occur, thus releasing the funds for a refund. This is because the materials for the order have already been paid for to action the materials order and it is unfair to expect me to carry this financial burden because your circumstances have changed or you no longer require the order. Generally custom products are re-sold relatively quickly so you should not have to wait too long for a refund. Some custom-built projects, however, are a different matter, as these can be highly specialised, and potentially difficult to sell on to another customer. For this reason I cannot guarantee to issue a refund for every custom built product, although I will make an effort to sell them on, thus allowing a refund.

I will offer your order to the next enquiry for a similar custom build and issue a full refund as soon as the transfer is accomplished.

Regards
Paul
 

[amir57bs]

I hope other CA members be more careful before ordering Paul.

[sandyk]

Quote

The information transmitted in this message and its attachments (if any) is intended only for the person or entity to which it is addressed. The message may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information, by persons or entities other than the intended recipient is prohibited. If you have received this in error, please contact the sender and delete this e-mail and associated material from any computer. The intended recipient of this e-mail may only use, reproduce, disclose or distribute the information contained in this e-mail and any attached files, with the permission of the sender.

 

 

 

Many businesses have attachments such as this at the end of their emails.

Even  if Paul's emails didn't have this added , did you ask Paul for permission to reproduce/redistribute  the contents of his emails to you ?

[kumakuma]

15 minutes ago, sandyk said:

 

Many businesses have attachments such as this at the end of their emails.

Even  if Paul's emails didn't have this added , did you ask Paul for permission to reproduce/redistribute  the contents of his emails to you ?

 

One lawyer's take on the legal weight of such disclaimers: 

 

Quote

 

Confidentiality obligations generally arise via contract, such as by signing a non-disclosure agreement (in my business law practice, I deal with NDAs a lot). Contracts, as you likely know, require both parties to agree – what the law calls a “meeting of the minds.” Dropping a standard confidentiality disclaimer at the bottom of every company email doesn’t unilaterally impose on a recipient of an email a duty of confidentiality. It does not unilaterally bind the recipient to an agreement regarding the email footer language since you can’t unilaterally impose an obligation of confidentiality on someone. If they aren’t already obligated to keep the information you share with them confidential (e.g., due to having signed a non-disclosure agreement (NDA) or for some other reason), your email disclaimer isn’t going to change that – the recipient is free to do what they want with your email.

 

In other words, email footers assert that a reader has consented to a contract based on mere receipt of the message. This is problematic because, as with any legally binding contract, both parties must agree to its terms. Simply opening or reading a message is not the same as approving what is inside. For this reason, typically email confidentiality warnings carry no legal weight.

 

 

https://www.businessattorneyinaustin.com/annoying-email-confidentiality-disclaimers/

[sandyk]

1 minute ago, kumakuma said:

Simply opening or reading a message is not the same as approving what is inside. For this reason, typically email confidentiality warnings carry no legal weight.

 

 There is a big difference between this and forwarding or redistributing the contents of emails without permission.

[kumakuma]

Just now, sandyk said:

 

 There is a big difference between this and forwarding or redistributing the contents of emails without permission.

 

Did you read the entire quote?

[sandyk]

1 hour ago, kumakuma said:

 

Did you read the entire quote?

 

 I don't take too much stock in a legal opinion from one country. The requirements may be quite different in the U.K. for example.

I know of a Scottish person that nearly ended up in the clink for redistributing personal emails from an  ex lover. The law in Scotland is quite different in this area to even the rest of the U.K.

 

 

 

[Ralf11]

after 6 months, I'd do a lot more than re-distribute Emails

[amir57bs]

I hope paul make right decision before losing customer trust

[amir57bs]

I hope paul make right decision before loosing customer truth.

 

@paulhynes please refund my money

 

Bank of Scotland

Mr XXXXXX XXXXX

Acc. No. XXXXXXXX

Srt code. XXXXXXXX

[amir57bs]

@paulhynes please refund my money!