Unfair Terms & Conditions

[akajonnyg]

Hi all
We deal with a customer who recently has regularly messed us around a lot by asking us to collect goods (sent us an order) then when we have staff on site and ready to collect the goods the customer cancels and refuses to pay anything for the inconvenience. They always highlight the fact that thier terms and conditions allow them to cancel the collection right upto the day before DELIVERY, which is always the day of collection. We invest time, money and effort in getting staff to the collection point only to be told to go home and "sorry we are not paying you". Where do we stand legally? Are terms always enforceable even when blatantly unfair and what is our recourse? Thanks for any answers or advice in advance

[Buenchico]

Sections 3 and 11 of the Unfair Contract Terms Act 1977 might be relevant but I'll leave it for someone more knowledgeable than me to suggest whether they're actually relevant or not:
http://www.legislation.gov.uk/ukpga/1977/50

[Mosaic]

Would probably be best to blacklist this customer and double-check that future orders are not made by them using a made up identity.

[murraymints]

Do you not have the right to refuse service ? Ie....ban 'Em !

[albaqwerty]

What are your terms and conditions of sale?

I'd suggest sending them a pro forma invoice, which they'd have to pay in full and delivery would be upon cleared funds.

[Twenty20]

If this customer regularly messed you around, why do you deal with them?

[akajonnyg]

Hi All. Thanks very much for your answers. To a certain extent we have to deal with this customer as we are a small / medium company, they are huge and can provide us with a lot of work, thier attitude is 'if you want the work then you do as we tell you', however we are now prioritising other work and accessing new customers so hopefully will not need this company for much longer. Thanks again

[FredPuli43]

Not following how delivery in this case is not the same, and does not mean the same as collection. If I go to a shop, pursuant to my order, to collect the goods, the goods are said to be 'delivered' to me when I collect them; an important point in deciding when risk and title in the goods passes from seller to buyer

[tonywiltshire]

Much can be achieved by negotiation if you explain the position this places you in they may explain why they take this action and perhaps you can find a way of avoiding these difficulties. I do not think action for reasonableness is the way to cement relationships, if you do not like the way this company conducts its business do not deal with them.
Some years ago I dealt with a company who found over 50% of alleged delivery damage was to one customer who was claiming almost all deliveries were damaged, their only recourse at the end of the day was to cease trading with the company who constantly alleged delivery damage.