Dear Mr Meacher,
No, that is not what I am saying. Please re read my email.
In the event that you refuse access to complete the contract, you will place yourself in breach of contract, for which damages to recover loss of profit
will be recoverable. I am hopeful however that in the light of the fact that I have already offered a 10% reduction to the contract value, and committed to a further discussion regarding the contract value once the works are complete, we need not pursue that
particular course of action.
If you are in any doubt as to the legitimacy of my comments please feel free to obtain independent legal advice.
Yours sincerely
Nick Flanagan
Legal Services Manager
Tel - 01707 877 055
Mob - 07808 365 292
Fax - 01707 873 452
Everest House - Sopers Road - Cuffley - Hertfordshire - EN6 4SG
From: Sean Meacher [mailto:sean@xxxxxxxxxxx]
Sent: 22 April 2015 14:28
To: Nick Flanagan
Cc: Caroline Ellis
Subject: Re: Purchase Agreement ES1910AR
Dear Mr Flanagan,
So you're basically telling me that even after all the incompetence and delays your company has given me the misfortune to deal with and the time period involved, that my only option is to accept what you want to give me, or you will charge me a considerable
amount of money for that which you have continually been unable to provide?..
On what grounds do you wish to "recover damages" and what would they be?..
Sincerely,
Sean Meacher
On Wed, 22 Apr 2015 11:40:58 +0000, Nick Flanagan <Nick.Flanagan@xxxxxxxxxxxxx> wrote:
Dear Mr Meacher,
Details of this matter have been referred to my office.
I am aware that the progression of this contract has been not all that we had hoped, for which I offer my apologies on behalf of the Company.
I have reviewed the history and note that as long ago as March of last year you have been suggesting that cancellation is in fact your preferred option, however, then, as now, a cancellation will not simply allow the parties to walk away from this contract, and in the event that you maintain your desire to cancel this contract, it shall fall upon me to recover damages from you as a result. I remain hopeful that you shall reconsider this request and allow us to proceed.
Our efforts to provide you with lead designs in line with your requirements have proved problematical but not insurmountable, and my understanding is that the replacements are in stock at our installation centre in St Albans. I am aware that you have indicated your dissatisfaction with these designs and confirm that we are perfectly willing to discuss this with you however we remain committed to proceed with the installation in line with the terms of your contract.
I accept that the problem is compounded by the fact that your finance agreement has now lapsed and our policy change in terms of finance provision has removed the cashback benefit to which you would have been entitled had the contract been installed earlier. With that in mind, we have agreed to a 10% reduction to your contract value in order to ensure that you do not suffer as a result of this delay in actual financial terms relating to the contract value.
I am further mindful that you will have incurred some inconvenience as a result of the protracted nature of these works, and I offer my sincere apology for this, and confirm that I will be willing to have a reasonable discussion with you regarding a reduction to the contract value in this regard also, however my condition is that this discussion must take place only once the works are completed.
With that in mind, may we proceed with your contract, we will address your issues with the lead design and complete the works entirely at your convenience, and once complete we may discuss a reduction to the contract value in excess of the 10% mentioned above.
I look forward to hearing from you shortly.
Yours sincerely
Nick Flanagan
Legal Services Manager
Tel - 01707 877 055
Mob - 07808 365 292
Fax - 01707 873 452
Everest House - Sopers Road - Cuffley - Hertfordshire - EN6 4SG
