What's my legal position.?

Atrixo

I do not think you should take legal action in this case. In order to get any compensation, you must prove damage. Since the restaurant had already given you enough time to contact another caterer, you did not suffer any damage. Even if you did suffer some inconvenience, the damage is minor. Any benefit you get may not out-weight the cost.

There are many other restaurants out there. You should have no problem to have them supply you with the buffet.

If you only like that particular restaurant, what you should do is send a taxi (or courier) to pick it up. I don't think the restaurant would mind to pay for the cost.

Mephistopheles

You made a contract with a vendor who agreed to supply AND DELIVER that vendor's products to your home address. Since the vendor can no longer fulfill that contract in total and has therefore ostensibly broken the terms of that contract, you are at liberty to cancel it entirely and seek an alternative supplier elesewhere.

Presumably the buffet was for a special occasion and therefore, the vendor's failure to supply this buffet has to an extent spoiled this special occasion. You MAY (and I emphasise MAY) have a case in law for damages against this vendor for either accepting a contract which he knew he could not fulfill or for whatever reason subsequently, has broken the terms and conditions of that contract.

dsclimb1

at least they told you, ask for a discount.

number 5 on its way

they have the responsibility to still deliver your buffet. i used to work in catering myself. they will have to arrange something or you can get them invoiced for a company you choose to collect it

~ steph j ~ The Shepherdess

Its their responsibility to find another driver not yours!
If you collect ask for a discount or at least ask them to pay petrol!

morph

the new driver

golden

man with van tell him to invoice them

shelagh.medic@talk21.com

Unfortunately sh** happens, it may not be their fault and at least they have let you know there is a problem. Try and find another driver, you could ask for a partial refund.

hoegaarden_drinker

if in your written agreement you have a delivery time and address then that is effectively a contract. If you have to arrange a driver, any cost you incur can be recouped from the catering firm. Or if you haven't paid them you can remove the cost of the driver from the final bill.
Otherwise the catering firm has breached the contract of sale and you can recover costs plus a small inconvenience charge in the small claims courts.

D G

The fifth answer is correct. The contract is in legal terminology is a contract of tort which has been broken by the caterer but, it is up to you to give the caterer a chance to rectify the situation and failing that negotiate a discount.

John S

Well, if you cancel the contract you wont have a buffet! Best bet is to get someone else to collect it and insist on a discount. The discount should include the fee for any delivery costs you incur PLUS a charge for your inconvenience.

Also maybe write to them explaining that any decent service really should have back up procedures to deal with situations like this.

This firm is going to be one of the many that cease trading because customers dont trust them.

Barbarian

I think their terms will include a proviso for such situations. They should offer something to you as a gesture of goodwill and avoid churning of your custom.

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