Does a re quote trump the original quote?
Discussion
Hi all, I am after some help with regards to a contract my partner & I accepted, but was then changed & re quoted.
We agreed a contract with a company to fit new windows & doors to our property, but were then told they had been contacted by the makers of the windows to say we couldn't have the type we wanted. The guy came round & told us what we could have, & led us to believe that the price would be reduced, so he went away & said he would get back to us with a new quote.
Late last week I had a voicemail from company A asking if they could start the job on the original start date of April 10th, today, so I phoned back & spoke to a partner of company A & said we were waiting for the new quote before going ahead.
That quote arrived last Friday, & it outlined the changes to the original, but only offered a "goodwill discount" of £100, due to the changed part of the quote required larger windows than originally quoted.
While we were debating whether or to accept this or not we then found another company who stated we could in fact have the windows & door style we originally wanted, & we are currently waiting for that quote.
Then this morning company A turned up at the door wanting to start work. I asked him in & explained we hadn't accepted the new quotation yet so were not expecting him. He then said "the windows were already made & the new quote was a slight amendment to the original one & not a totally new quote", & that if we didn't want him to do the job he would "see us in court".
So my question is can he do that? The big complication to this is he insulted my partner, not in my earshot, & now she doesn't want him to do any work under any circumstances.
We agreed a contract with a company to fit new windows & doors to our property, but were then told they had been contacted by the makers of the windows to say we couldn't have the type we wanted. The guy came round & told us what we could have, & led us to believe that the price would be reduced, so he went away & said he would get back to us with a new quote.
Late last week I had a voicemail from company A asking if they could start the job on the original start date of April 10th, today, so I phoned back & spoke to a partner of company A & said we were waiting for the new quote before going ahead.
That quote arrived last Friday, & it outlined the changes to the original, but only offered a "goodwill discount" of £100, due to the changed part of the quote required larger windows than originally quoted.
While we were debating whether or to accept this or not we then found another company who stated we could in fact have the windows & door style we originally wanted, & we are currently waiting for that quote.
Then this morning company A turned up at the door wanting to start work. I asked him in & explained we hadn't accepted the new quotation yet so were not expecting him. He then said "the windows were already made & the new quote was a slight amendment to the original one & not a totally new quote", & that if we didn't want him to do the job he would "see us in court".
So my question is can he do that? The big complication to this is he insulted my partner, not in my earshot, & now she doesn't want him to do any work under any circumstances.
TA14 said:
Did you sign any contract or pay a deposit?
Yes we signed the original quote but haven't paid any deposit. We signed originally thinking we were getting what we wanted & asked for a re quote because they moved the goal posts & told us we couldn't have what we agreed we could have.To me, it looks like failure to perform a contract made the original contract null and void, as agreed by both parties. No replacement contract was agreed either for the product or price so there is no contract in place. The window company seem rather desperate because they a) make the windows before a contract has been signed b) make the windows before a price has been agreed c) turn up on site before either a) or b).
What does the contract that you signed say about variations? If it allows them to vary the size of glass and style of window without agreement I'm surprised that anyone would sign.
I'm guessing that your real problem is that although they could not make all of the windows to the original specification some of the windows have been made to the original specification and they could claim that even if you do not proceed they are due payment to cover their costs (and loss of profit) for that part of the contract which they were able to fulfil so they may have a strong case for part payment.
This may be better posted on Speeding... ask the mods to move it.
What does the contract that you signed say about variations? If it allows them to vary the size of glass and style of window without agreement I'm surprised that anyone would sign.
I'm guessing that your real problem is that although they could not make all of the windows to the original specification some of the windows have been made to the original specification and they could claim that even if you do not proceed they are due payment to cover their costs (and loss of profit) for that part of the contract which they were able to fulfil so they may have a strong case for part payment.
This may be better posted on Speeding... ask the mods to move it.
TA14 said:
To me, it looks like failure to perform a contract made the original contract null and void, as agreed by both parties. No replacement contract was agreed either for the product or price so there is no contract in place. The window company seem rather desperate because they a) make the windows before a contract has been signed b) make the windows before a price has been agreed c) turn up on site before either a) or b).
What does the contract that you signed say about variations? If it allows them to vary the size of glass and style of window without agreement I'm surprised that anyone would sign.
I'm guessing that your real problem is that although they could not make all of the windows to the original specification some of the windows have been made to the original specification and they could claim that even if you do not proceed they are due payment to cover their costs (and loss of profit) for that part of the contract which they were able to fulfil so they may have a strong case for part payment.
This may be better posted on Speeding... ask the mods to move it.
And wouldn't it be a surprise if the part payment for the windows etc they can provide to contractual specifications are more expensive/close to the original quote, because the original deal was a "package price" or whatever...What does the contract that you signed say about variations? If it allows them to vary the size of glass and style of window without agreement I'm surprised that anyone would sign.
I'm guessing that your real problem is that although they could not make all of the windows to the original specification some of the windows have been made to the original specification and they could claim that even if you do not proceed they are due payment to cover their costs (and loss of profit) for that part of the contract which they were able to fulfil so they may have a strong case for part payment.
This may be better posted on Speeding... ask the mods to move it.
That raises a good point, because we were discussing whether it might be possible to have company A fit all the windows & doors apart from the ones they couldn't do, but I went to the bathroom just as I heard the guy say "well if you want to ruin your home by having the wrong windows fitted........"
My partner stopped him by saying "I am not an idiot..........."
Then he sort of coughed/whistled, intimating he thought she was, & she lost it & told him to get out, & he went saying "see you in court then".
My partner stopped him by saying "I am not an idiot..........."
Then he sort of coughed/whistled, intimating he thought she was, & she lost it & told him to get out, & he went saying "see you in court then".
From the OP's description it might be worth looking at whether the Distance Selling Regs apply to the requote.
Also, if the original firm have made windows and want paying for their costs I would want them delivered before I paid anything, especially with a firm that behaves like this.
Also, if the original firm have made windows and want paying for their costs I would want them delivered before I paid anything, especially with a firm that behaves like this.
TA14 said:
To me, it looks like failure to perform a contract made the original contract null and void, as agreed by both parties. No replacement contract was agreed either for the product or price so there is no contract in place. The window company seem rather desperate because they a) make the windows before a contract has been signed b) make the windows before a price has been agreed c) turn up on site before either a) or b).
What does the contract that you signed say about variations? If it allows them to vary the size of glass and style of window without agreement I'm surprised that anyone would sign.
I'm guessing that your real problem is that although they could not make all of the windows to the original specification some of the windows have been made to the original specification and they could claim that even if you do not proceed they are due payment to cover their costs (and loss of profit) for that part of the contract which they were able to fulfil so they may have a strong case for part payment.
This may be better posted on Speeding... ask the mods to move it.
I agree, if the situation is as simple as the OP described. When we signed a contract for new windows, etc a few years ago, the technical spec agreed in the contract was very detailed. If the company could not provide what was agreed in the spec, then I would say it was failure to deliver and the contract would be terminated, but read the small print of the contract. If the company has taken a flyer on making different windows hoping that you'd sign on the dotted line again, that's their problem - provided the small print doesn't say they can do this (however, in this case the contract obligations may be kicked out of court on the basis of 'unfair contact terms').What does the contract that you signed say about variations? If it allows them to vary the size of glass and style of window without agreement I'm surprised that anyone would sign.
I'm guessing that your real problem is that although they could not make all of the windows to the original specification some of the windows have been made to the original specification and they could claim that even if you do not proceed they are due payment to cover their costs (and loss of profit) for that part of the contract which they were able to fulfil so they may have a strong case for part payment.
This may be better posted on Speeding... ask the mods to move it.
The OP should read the original contract carefully.
Speedracer329 said:
That raises a good point, because we were discussing whether it might be possible to have company A fit all the windows & doors apart from the ones they couldn't do, but I went to the bathroom just as I heard the guy say "well if you want to ruin your home by having the wrong windows fitted........"
My partner stopped him by saying "I am not an idiot..........."
Then he sort of coughed/whistled, intimating he thought she was, & she lost it & told him to get out, & he went saying "see you in court then".
The situation would be a lot better if your partner was able to keep her calm rather than intensify the situation.My partner stopped him by saying "I am not an idiot..........."
Then he sort of coughed/whistled, intimating he thought she was, & she lost it & told him to get out, & he went saying "see you in court then".
Sounds like you have a good case for cancelling the contract but it does not help that all communication with the builder is now effectively over.
Collectingbrass said:
From the OP's description it might be worth looking at whether the Distance Selling Regs apply to the requote.
Also, if the original firm have made windows and want paying for their costs I would want them delivered before I paid anything, especially with a firm that behaves like this.
Distance selling regs apply to items you have actually bought online. Nothing to do with obtaining quotes.Also, if the original firm have made windows and want paying for their costs I would want them delivered before I paid anything, especially with a firm that behaves like this.
Windows are usually made by only a few companies so I wouldn't be surprised if the new company quoting eventually finds out you can't have what you want anyway.
Did you when the company told you the windows needed to change say all bets were off as that was acceptable? When they rang you to arrange fitting a few weeks ago did you not stop them?
Did you when the company told you the windows needed to change say all bets were off as that was acceptable? When they rang you to arrange fitting a few weeks ago did you not stop them?
Yeah, thanks for the suggestions but distance selling regs do not apply in this case, a very local supplier was used.
With regard to the quotes, it appears that the company have just copied the first one in it's entirety, & added a paragraph to talk about the omission of the doors we wanted, saying what they will replace them with, & a bit about the price alteration.
The first quote, dated Feb 22nd, says the quote is valid for three months, & we did sign that & agree a start date of April 10th. The second quote also says valid for three months, mentions nothing of the original start date OR a new start date, & we hadn't signed this or returned their copy of it, so looking at the dates it looks like they ordered the doors we didn't want from the beginning & hoped the second quote would cover them, although that may just be supposition on our part.
I was under the impression, & always worked to, that a second, or re-quote, made the original quote invalid, no matter how small the changes, are we wrong to think that?
With regard to the quotes, it appears that the company have just copied the first one in it's entirety, & added a paragraph to talk about the omission of the doors we wanted, saying what they will replace them with, & a bit about the price alteration.
The first quote, dated Feb 22nd, says the quote is valid for three months, & we did sign that & agree a start date of April 10th. The second quote also says valid for three months, mentions nothing of the original start date OR a new start date, & we hadn't signed this or returned their copy of it, so looking at the dates it looks like they ordered the doors we didn't want from the beginning & hoped the second quote would cover them, although that may just be supposition on our part.
I was under the impression, & always worked to, that a second, or re-quote, made the original quote invalid, no matter how small the changes, are we wrong to think that?
Speedracer329 said:
I was under the impression, & always worked to, that a second, or re-quote, made the original quote invalid, no matter how small the changes, are we wrong to think that?
I'd say you were right. But they seem to have ordered the windows and may well fight you all the way.Understandably, you now don't want anything to do with them given their attitude so there isn't much scope for compromise.
Bill said:
Speedracer329 said:
I was under the impression, & always worked to, that a second, or re-quote, made the original quote invalid, no matter how small the changes, are we wrong to think that?
I'd say you were right.Forget quotes, it's contracts that you need to worry about.
Speedracer329 said:
Yes we signed the original quote but... they moved the goal posts & told us we couldn't have what we agreed we could have.
so how much of the original contract is now invalid? I'd concentrate on that.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff