Op 17 december 2021 hebben [gedaagden in conventie, eisers in reconventie] c.s. aan [LLC] gevraagd waar de overige meubels blijven. Bij mailbericht van diezelfde datum schrijft [oprichtster] aan [gedaagden in conventie, eisers in reconventie] c.s.:
“As I have explained in previous conversations, we are working as hard as possible, to get the items which are either in back order, in transit or still in the bonded area in Customs here on the island.
Also explained is that these items were ordered well within our normal/standard timeframes to have been received by your requested date of December 15, 2021. Please note, that I met with [x] yesterday, to confirm that as I thought, we were both given the date of December 15, 2021 for your family arrival. However, the past few months have not been "normal or standard" .
We did explain to you numerous times, verbally, since mid September, that due to supply chain issues worldwide, as well as manufacturer labor issues that we could not make any promises to meet the deadline, but we would do everything in our power to get what we could for you in time. We did NOT make any promises regarding dates of arrival. We never make promises of delivery as items are special ordered in from off island, which are out of control. We have only explained, numerous times, to you we would do the best we can.
In November we were informed that Customs here on the island was behind in due to numerous reasons, which we verbally discussed, and that the supply chain issue was becoming increasingly worse. We explained again, that we were doing everything in our power to get what we could regarding furniture and appliances. Customs here on the island is still having difficulties and are still behind as of this email.
(…) All items as discussed have been purchased and are either on back order, en route or still sitting in the bonded area of Customs here on the island. I have just been informed that the outdoor furniture is just back in stock and I am waiting on a shipping date. The furniture from City is en route, with 3 pieces on B/0 (dining set).
As items are received, and when I am informed I will let you know via email. (…).”