This suite of templates covers sales of services between two businesses. They're not appropriate for use by a consumer who wishes to complain about services that it has bought from a business and if your complainant is a consumer, you'll need to alter your reply as well.
Check the terms of your contract first
The very first starting point for checking your rights and being able to enforce them, is what's written in the contract that you have with the supplier.
These terms might be set out in the supplier's terms and conditions (which you may or may not have been able to negotiate ahead of buying the goods), or they may be contained in a more substantial supply of services contract that you've negotiated for your business.
Terms and conditions can be displayed on the walls in a business operating out of a premises, on their website, in a brochure, on packaging, even on the back of an order form, invoice or receipt.
The supplier should not obscure them from you.
However the terms are presented, read them through thoroughly before you start to draft or communicate anything.
Striking the right tone
It can be intensely annoying to spend time and effort choosing what you need, only to find that what you end up with is not at all what you wanted. But venting your frustrations, on social media or in written correspondence, rarely gets the optimum outcome.
Be concise, factual and unemotional in any communications that you choose to send or to publish.
It can help to reach out via customer service channels that some suppliers run via social media, customer call-lines and website live chat features can also help resolve well-presented complaints rapidly.
You may find you don't need to send anything as formal as the template letters in this suite.
But if the services you've ordered and not received are high value and important to your business, and not having received them is disrupting your business, and/or causing you loss, then you may be ready to get going with a more formal approach.
Let's take a look at how you can use the templates that Farillio and Wilkes have created for you.
And for a quick and friendly expert view on your position and your prospects of success at any stage, as well as how best to draft any of the letters in this series, simply select our speak to a lawyer feature and we’ll rapidly match you with the right expert to get you the help you need.
Template letter 1 - service(s) not received? Let's help you to complain
This is the first letter in our suite of communications covering the situation where you’re the business customer and services which you have contracted to receive have not in fact been performed.
This is different to the situation where services have been performed but were not of a satisfactory standard.
When should the services have been performed?
The starting point for working out your rights when things like this happen, is to look at the contract terms, or terms and conditions in place between you and your supplier.
These should normally set out the supplier’s obligations to you when it comes to the non-performance of services that you’ve contracted to buy.
If the contract is silent on this, then the law may imply terms into it. Typically, that will mean that the services are completed within a reasonable time.
Often, unless an unforeseeable event has occurred that was reasonably beyond the control of the parties (particularly the supplier), the total non-performance of contracted services will be a fundamental breach of the contract. Late performance of contracted services may not be considered a fundamental breach of contract, unless time is of the essence in your contract terms, (see more about time being made of the essence below).
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