Re: A word of warning, was:- ER40 Backplate mounted chuck

Dave Baker wrote:
"Peter Fairbrother" <zenadsl6186@xxxxxxxxx> wrote in message news:47b4518a$0$13932$fa0fcedb@xxxxxxxxxxxxxxxxx
Tim Leech wrote:

I'll respond to a couple of points here,though.

First, my reason for raising the fact that I had phoned in January was
mainly to show that I had not simply rung two months after the
publication and expected a price advertised in December. It was no
huge surprise that I didn't get my call returned, yours is certainly
not the only organisation guilty of that sin <G>. When I did get
through to your office this month, my first question was whether the
chuck was still available at the offer price, I was very pleased to
learn that it was.

Second, I do not see how you can duck out of a verbal agreement made
with one of your staff. I did not even know of the existence of the
smaller 100mm diameter chuck until I spoke to him, as the advert only
refers to the 125mm chuck. There is absolutely no way that I would
have ordered two chucks at £39+ each.

Third, although I am generally very mild-mannered I had been angered
by the turn of the conversation and the continual doubt cast on my
word.

You have two options in law - return the chucks under the DSR, if you are a private individual. You do not have to give any reason for this, and whether your word is in doubt or not is irrelevant. The seller then has to refund the price of the goods and forward carriage within 30 days, and cannot charge a restocking fee or insist on a credit note. That's the law. You will probably have to arrange and pay for return carriage though.

Your second option is to reject the goods under the Sale of Goods Act. You have to give a reason for this, but in this case it's pretty obvious that the contract was flawed, as the price charged was not the price quoted. The value of your word does come into this, but it does not seem reasonable to doubt your word, under the circumstances.

There's no reason in law why the purchaser can't keep the chucks and sue for the amount he has been overcharged by. A valid contract has been established and whether it was verbal or not matters not a jot. All that affects is the evidence that the parties could put before a court and in this case a judge would have to decide on balance of probabilities who was telling the truth. If the seller's employee who entered into the contract made a mistake about the current price that's his fault but the purchaser is entitled to take it that the employee who is quoting prices to him is acting within his authority i.e intra vires rather than ultra vires.

I assumed that Chester's terms and conditions include a visible and available E&OE (errors and omissions excepted) clause - in which case the contract could or would be determined (ended) by the error.

Maybe not though.


-- Peter Fairbrother
.

Relevant Pages

  • Re: A word of warning, was:- ER40 Backplate mounted chuck
    ... my reason for raising the fact that I had phoned in January was ... publication and expected a price advertised in December. ... smaller 100mm diameter chuck until I spoke to him, ... the contract was flawed, as the price charged was not the price quoted. ...
    (uk.rec.models.engineering)
  • Re: A word of warning, was:- ER40 Backplate mounted chuck
    ... publication and expected a price advertised in December. ... smaller 100mm diameter chuck until I spoke to him, ... You do not have to give any reason for this, and whether your word is in doubt or not is irrelevant. ... The seller then has to refund the price of the goods and forward carriage within 30 days, and cannot charge a restocking fee or insist on a credit note. ...
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