Second response addressing a complaint that you’ve not supplied agreed services

Written with our partners at:Wilkes logo

What’s a second response addressing a complaint that you’ve not supplied agreed services and when do you need one?

This is the second response letter in our suite of correspondence templates covering the situation where your business customer has complained that they have not received services that they ordered from you.

In this letter, you’re repeating the assertions or explanations that you made in your first reply.

But you’re also acknowledging, if you need to, any intention by the complaining customer to make time ‘of the essence’ in your performance of the services, and you’re asserting that you consider this to be an unreasonable position.

The result of this is also the inclusion of the final wording in the letter that says you’ll be reserving your rights to hold the customer in breach of contract if they attempt unreasonably to cancel it. This means that if they cancel the contract, but you can justify the reasons for your non-performance of the services to date, you could be the one claiming the compensation from them, and not the other way around.

‘Time of the essence’ has an important legal meaning. Some breaches of contract are so serious that the innocent/complaining party has an immediate right to terminate the contract and to claim compensation (often called ‘damages’). Other breaches are less serious and only entitle the innocent/complaining party to damages, not an immediate right of termination.

If the delivery date is ‘of the essence’ according to the contract terms that you’ve agreed with the customer, their right to terminate the contract with you exists as soon as your performance of the services is late.

If your contract terms do not make the performance time ‘of the essence’, then the bad news is that your customer can actually make time of the essence by serving a notice on you, which is what their second reply letter to you may have done (and that’s why we’ve included the optional wording for this in our template).