At a previous employer (AOL, doing VoIP for customer service / call
centers, ~2004) we had a number of contractual agreements with
multiple providers to honor our QoS markings -- as far as I could tell
(marking test traffic under congestion events) only one of about seven
did anything at all with the marking, and that wasn't enough to make
any difference... I briefly toyed with the idea of asking for some
money back / trying to enforce the terms of the agreements, but
figured that there wasn't much point - expecting QoS to work in
someone else's network based upon your markings seems like a fool's
errand.
Generally speaking, I agree that making QoS features work consistently on an external network you do not control is a fool's errand.
But if that language was inserted into the contracts, and you can demonstrably prove it's not being done, enforcing contract terms should always be done. Depending on the strength of the remedy, could have been a lot of free service, enough financial incentive for them to MAKE it work correctly, or leverage to open renegotiations for more favorable terms for you.
You know that in reverse they would have done the same to you. :)