Urgent Help Contract Misprice

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daindian
daindian Posts: 434 Forumite
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edited 6 December 2017 at 1:49PM in Consumer rights
Hi I would like some advice.

I have purchased some corporate hospitality for a sporting team.The contract was sent to me which states it is for 3 year. it gives a total price for the 3 years and a breakdown of the cost per season the payment schedule. The payment schedule is mispriced so does not add up to the total amount for the 3 years specifically the amount due in January. I have since signed the contract which as per its terms and conditions states i am bound by it specifically to pay the amount as per the payment schedule. What happens when I get invoiced and the amounts different to the payment schedule? can I argue that my signed contract says otherwise?

Any help would be appreciated.

Thanks
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  • marcarm
    marcarm Posts: 1,205 Forumite
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    So it is an obvious error in the contract?
  • daindian
    daindian Posts: 434 Forumite
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    marcarm wrote: »
    So it is an obvious error in the contract?

    It does look like a typo but the terms and conditions state You shall pay the Total Price in accordance with the Payment Schedule immediately upon receipt of an appropriate invoice. The payment schedule for year 1 is where the error is.
  • marcarm
    marcarm Posts: 1,205 Forumite
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    If a mistake is obvious the contract cannot be enforced, so if it says 3 seasons @ £100 a season = total £100, that is an obvious error.
  • daindian
    daindian Posts: 434 Forumite
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    edited 6 December 2017 at 2:13PM
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    marcarm wrote: »
    If a mistake is obvious the contract cannot be enforced, so if it says 3 seasons @ £100 a season = total £100, that is an obvious error.

    Number of tickets 2
    It says total 25200
    Price per ticket
    Season 1 2100
    Season 2 4200
    Season 3 4300

    So what your saying is they can rescind the signed contract?
  • NCC-1707
    NCC-1707 Posts: 348 Forumite
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    daindian wrote: »
    It says total 12600

    Season 1 2100
    Season 2 4200
    Season 3 4300

    So what your saying is they can rescind the signed contract?



    So the total you agreed to pay and signed the contract for was £12600?
  • daindian
    daindian Posts: 434 Forumite
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    edited 6 December 2017 at 2:27PM
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    NCC-1707 wrote: »
    So the total you agreed to pay and signed the contract for was £12600?

    Yes but it states they want payment as per the payment schedule, payment schedule shows a different price for the first season. The total amount is the total over the 3 seasons. the payment schedule what is due for each season, the first season amount is whats wrong
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
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    daindian wrote: »
    Number of tickets 2
    It says total 25200
    Price per ticket
    Season 1 2100
    Season 2 4200
    Season 3 4300

    So what your saying is they can rescind the signed contract?

    Are you sure the season prices are not ex VAT? If there are 2 tickets for each season, that would bring the total to just over £21000, add on 20%VAT it is just over £25,000

    Ultimately as this is a B2B contract you don’t have normal consumer rights so if there is a mistake it depends what the contract states about mistakes. The fact is you know there is an issue and have chosen to sign hoping to either get the lower price or cancel rather than just contact them for clarification.
  • daindian
    daindian Posts: 434 Forumite
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    edited 6 December 2017 at 2:31PM
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    Fosterdog wrote: »
    Are you sure the season prices are not ex VAT? If there are 2 tickets for each season, that would bring the total to just over £21000, add on 20%VAT it is just over £25,000

    Ultimately as this is a B2B contract you don’t have normal consumer rights so if there is a mistake it depends what the contract states about mistakes. The fact is you know there is an issue and have chosen to sign hoping to either get the lower price or cancel rather than just contact them for clarification.

    its a consumer to business contract lol ive taken it out as a individual not as a business. No i don't want to cancel thats the thing. you are a right regarding the vat element
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
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    daindian wrote: »
    its a consumer to business contract lol ive taken it out as a individual not as a business. No i don't want to cancel thats the thing. you are a right regarding the vat element

    But you said it was corporate hospitality so it would be B2B, surely if you purchased as an individual it would just be a hospitality package and prices would be inclusive of VAT, whereas corporate hospitality is more likely to list VAT separately.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    This does sound like a mistake. I would suggest contacting the supplier to confirm what the price is.

    A decent supplier will be happy to clean up the issue.

    In legal terms, if you could prove that both parties intended for the price in the payment schedule to be different, and the amount written in the schedule was a mistake, the courts will respect that.
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