Invoicing them for failed performance

He knew that suppliers offered a guaranteed Saturday delivery


Did he? I must have missed the post where that was said. IF the suppliers offered the guarantee, they were very foolish to offer it on a service over which they have no ultimate control.

Did he KNOW that the suppliers had the required kit in stock?

IMO, he's got 2 chances of getting the money he's demanding - fat and slim. He may get a little but not £300 from each supplier.
 
The OP placed two orders, with two different companies, on Friday and paid extra for delivery on Saturday (the following day). It doesn't really matter whether he should have planned things better, or any of a number of other things.

What does matter, is whether the suppliers committed to the Saturday deliveries, and if this became part of the contracts between the client and the service providers. If it did, then they are in breach of contract and the OP probably has a good chance of recovering some sort of compensation from the suppliers, but......

The difficulty may, as often happens, be a case of the devil in the details. Did the suppliers give an unequivocal undertaking that they would deliver the goods on the Saturday, as a condition or part of the contract, or were there some "get out" clauses. Typically, these will state "will usually be delivered, but.....", "make our best efforts to deliver..........but cannot guarantee", "circumstances beyond our control" and a few other things. It then comes down to an argument about whether the failure lies within the scope of these caveats.

The next problem, assuming you get past this stage, is the amount of compensation. Many suppliers limit/cap their liability in terms of the contract, and may also exclude any sort of compensation for consequential losses.

The couriers are irrelevant here. The OP didn't have any sort of relationship with them, and it's up to the supplier to try to recover any sums they pay out in compensation, in terms of their agreement with them.
 
heres a question, was the delivery address a home address or a business address?

went through a few old correspondance today, and the best that ive managed to get for a failed delivery was money back for delivery, goods then delivered before 10am the following day, and the delivery fee as compensation. we spend £$$$'s a month with this company, and it took a few letters and phone calls to get that. Basically, they undertake to deliver if possible, but dont give a cast-iron gaurentee. If i had sent you the goods and you didnt get them, and then you sent me a bill for £300, you would get the delivery cost back and the customer services number of TNT...
 
Its been interesting to see the comments made. The invoices are being prepared today so we will then see what happens.

stew
 
good luck. Not many companies guarentee to deliver to domestic addresses even on a weekday.
 
matty said:
good luck. Not many companies guarentee to deliver to domestic addresses even on a weekday.
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It was not to a domestic address Matty, I am a professional photographer working from a commercial studio paying commercial business rates

stew
 
artona said:
It was not to a domestic address Matty, I am a professional photographer working from a commercial studio paying commercial business rates

stew
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that would go in your favour then, i would be very interested in the outcome of this.
 
Courier companies........ :bat:

Usually in their T&C's is a clear statement regarding consequential losses and the fact that they will not accept any whatsoever.

It must happen to me at least twice a week.

Continual pain in the backside, we try to use our own transport as much as possible for our shipments out as like you, our customers are not terribly understanding when the courier lets both them and us down. Many's the time we've had to foot the bill in order to assure continuing business.
 
Royal Mail Special Delivery has consequential loss insurance and a Saturday delivery guarantee as options.
 
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