Project Office O'Hagan/HAUS, Templebar, Dublin - Deposit Refund?

I'm in a similar situation to the Arnott's buyers with Project Office O'Hagan - a commercial arm of HAUS in Templebar, Dublin.

I ordered goods in mid-December last (2007) and have not yet received them.

They have ignored all emails since February and all phone calls are taken by a receptionist but not returned by anyone who can tell me the situation.

I contacted the manufacturer directly in Switzerland and was told that the goods have been ready since February.

We are now in week 23, by my calculation, and no sign of anything.

Here are the T&Cs: Have I made a huge mistake? HAUS is closing in Templebar in mid-May and "reopening" in September in a new premises. Not a good sign when they're happy to close for 4 months and they don't tell you where the new shop will be.

[FONT=&quot]TERMS AND CONDITIONS OF [/FONT][FONT=&quot]SALE[/FONT][FONT=&quot]:[/FONT]









[FONT=&quot]All prices quoted are subject to Vat @ 21%[/FONT]


[FONT=&quot]Quotation is valid for 28 days from date of issue[/FONT]


[FONT=&quot]Prices quoted are based on single order for all items.[/FONT]


[FONT=&quot]any change to quantity or specification will require a new quotation.[/FONT]

[FONT=&quot]All orders must be signed off by the client in order to proceed[/FONT]


[FONT=&quot]Orders will only be accepted in writing. The delivery lead time commences[/FONT]

[FONT=&quot]from the date of client order[/FONT]



[FONT=&quot]Changes to orders will be accepted for a period of 5 days from date[/FONT]

[FONT=&quot]of order.[/FONT]



[FONT=&quot]As all goods are manufactured to order, cancellations will be charged in full[/FONT]

[FONT=&quot]The standard delivery lead time from receipt of order is 8-10 weeks[/FONT]


[FONT=&quot]We will do everything possible to ensure that the goods are delivered [/FONT]

[FONT=&quot]within the stated lead-time. However, if a delay occurs, Project Office Ohagan[/FONT]

[FONT=&quot]Ltd cannot be held responsible for delays which are beyond its control.[/FONT]

[FONT=&quot]Payment terms: 35% deposit to secure the order payable on receipt of signed order confirmation.[/FONT]
[FONT=&quot]Final payment due prior to delivery[/FONT]



[FONT=&quot]Option for 30 day credit account available subject to credit approval. [/FONT]

[FONT=&quot]Cost for credit check is €110.00 payable in advance.[/FONT]


[FONT=&quot]All goods remain the property of Project Office Ohagan Ltd until[/FONT]


[FONT=&quot] all outstanding monies as stated by the company have been paid in full.[/FONT]

[FONT=&quot]Prices quoted are exclusive of delivery and assembly.[/FONT]


[FONT=&quot]Delivery & assembly takes place between 0830 - 1630 hours[/FONT]


[FONT=&quot]Monday to Friday. Deliveries outside of these hours are subject to an overtime premium.[/FONT]
[FONT=&quot]Delivery & Installation is charged at 5% of the gross invoice amount. For invoices with a pre VAT [/FONT]
[FONT=&quot]figure less than €1,000.00 a minimal charge of €50.00 applies.[/FONT]


[FONT=&quot]Prices quoted are Ex. Factory[/FONT]



[FONT=&quot]Goods will be stored free of charge for a period of ten working days if unable to deliver for date[/FONT]
[FONT=&quot]specified. Storage charges per pallet are applicable after this period.[/FONT]

[FONT=&quot]Part shipments of goods ordered under the same order confirmation are not possible.[/FONT]
[FONT=&quot]If part shipments of goods are required, please state this at time of ordering.[/FONT]

[FONT=&quot]Interest will accrue at the prevailing bank rate on overdue accounts.[/FONT]

[FONT=&quot]Please indicate the relevant person responsible for Account Payable and a contact number.[/FONT]
[FONT=&quot]Any purchase to be invoiced to leasing companies should be notified at time of order, with [/FONT]
[FONT=&quot]the relevent details of leasing company, address and contact person.[/FONT]

[FONT=&quot]Order includes for manufacture, protection while delivering/ installing to the require locations[/FONT]
[FONT=&quot]Order includes for the removal and safe disposing of all packaging and waste generated from the [/FONT]

[FONT=&quot]delivery & installation of the goods.[/FONT]




By the way, the order is for USM shelving. It is NOT manufactured, it is assembled to a specification. So, the pieces can be used in another specification quite easily. Think glorified Meccano! ;-) Therefore, the T&C about goods being .."made to order..." doesn't really apply.

This has been my worst retail experience ever and, since USM shelving doesn't come cheap, it's an expensive one.

Given there total radio silence and the fact that we are now way beyond the 10 weeks indicated, and the fact that the goods are ready to be shipped from the USM factory (and have been for some considerable time) do I have any right to ask for my deposit back?

Any ideas?

Thanks.

D.

Hi D,

You may have solved this problem already.
if not, please contact me

Dear DubRT,
can you contact me please as I have a similar concern.
Many thanks