Cancellation due to delay

Sometimes when you order goods, you need to ensure that they’re delivered exactly at the date and time that you’ve specified. Use our letter so that this can be achieved.

Advice

Unless you specify when goods are to be delivered - known as making time of the essence - if the seller fails to deliver on the date chosen, it’s often harder and riskier to rely upon the implied term in every contract (unless it’s been excluded) that the contract is performed within a reasonable period of time. If you’re unable or unwilling to take the risk, your only redress would be a claim for any loss that you’ve suffered, e.g. extra labour costs etc.

In order to give you the option of walking away and going to another supplier should your seller not deliver on time, then be very clear and state that you’ve made time of the essence when it comes to the date you’ve chosen for delivery. If you’ve done this and the seller fails to deliver on time, then they’re in breach of contract - you can go elsewhere and in addition, claim damages if it costs more.

If you find yourself in this position, you must be decisive if you’re going to end the contract, i.e. send our letter to the seller straightaway. Any delay on your part in taking action or giving a further opportunity to the seller to try again, is likely to mean that you’ve “waived” the breach and can’t, therefore, end the contract.

Note

Only use this letter with regard to business-to-business contracts.