Legal ish question
- Thread starter Dave1971
- Start date
I'm with everyone else - invoice says 4 tyres then their problem. If you want to take part morally and feel like it is an honest mistake then I like the idea of paying them only up to what you'd have paid camskills.
That said, it's surely not possible to verbally quote for three accidentally and then actually charge the same amount accidentally is it ? That would take a serious amount of incompetence. Nosa has put it most elegantly
That said, it's surely not possible to verbally quote for three accidentally and then actually charge the same amount accidentally is it ? That would take a serious amount of incompetence. Nosa has put it most elegantly
Dav the wheel nut said:Nosa said:
+1Nosa said:
I'm with Adamski on this one. An offer was made and you accepted, legally binding and all that. When money is exchanged the contract is made.
That said you sound like you want to do the morally 'right' thing. Maybe you want to pay them the difference to the lowest other quote you had (do it in cash though and get a receipt).
If it were me though I'm more in the f**k em camp.
Sean
That said you sound like you want to do the morally 'right' thing. Maybe you want to pay them the difference to the lowest other quote you had (do it in cash though and get a receipt).
If it were me though I'm more in the f**k em camp.
Sean
Morally, they can go take a running jump. However you'll probably find a set of terms and conditions on the back of the paperwork/invoice you signed. "If" you signed it, you signed to their T&Cs and that's what will count. Suggest you take a look. Errors are often called out as how they'll be handled. If the invoice shows four tyres, you're a winner.
Edit, make sure they don't just charge your credit card again. I've had that before...
Edit, make sure they don't just charge your credit card again. I've had that before...
Not to pizzle on the parade but I would check the terms and conditions on the back of the invoice. If its a big firm they'll be typical legalese and most probably contain a Romalpa Clause. This will ensure that the title in the goods remains that of the supplier until paid in full. This bring us back to what bing says. If they quoted for 4 (which is the only logical case) and invoiced for four they've tucked themselves up. But if the invoice is only showing three then they could argue that the fourth tyre was fitted under mistake and therefore the title remains theirs.
If this is the case then you can rescind the contract based on a misrepresentation which induced you to enter in to the contract (as others have stated a verbal contract is just a binding as a written contract although often harder to enforce due to lack of evidence) and as such get your original tyres back etc.
Hope you get this sorted
If this is the case then you can rescind the contract based on a misrepresentation which induced you to enter in to the contract (as others have stated a verbal contract is just a binding as a written contract although often harder to enforce due to lack of evidence) and as such get your original tyres back etc.
Hope you get this sorted
A
Anonymous
Guest
tell them you actually wanted 5 tyres for that price and were only given 4.....
Dave1971 said:
You effectively paid the price from camskill of 4 tyres plus £15 fitting for each one. I think that's more than fair. Don't pay any more. Ask for a breakdown of what they charged per tyre and fitting. Might be worth asking for a refund on the 3 tyres they supplied and ordering 3 replacements from Camskill to be shipped to the garage.
All sorted, they have agreed to honor the original quote so I a happy chap. I dont feel too guilty as they are a nationl chain and have more money than I do although I do feel a bit sorry for the new guy that gave me the quote, I think he may have got his ears chewed a bit.
