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    • daindian
    • By daindian 6th Dec 17, 12:48 PM
    • 427Posts
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    daindian
    Urgent Help Contract Misprice
    • #1
    • 6th Dec 17, 12:48 PM
    Urgent Help Contract Misprice 6th Dec 17 at 12:48 PM
    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
    Last edited by daindian; 06-12-2017 at 12:49 PM. Reason: typo
Page 1
    • marcarm
    • By marcarm 6th Dec 17, 12:55 PM
    • 680 Posts
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    marcarm
    • #2
    • 6th Dec 17, 12:55 PM
    • #2
    • 6th Dec 17, 12:55 PM
    So it is an obvious error in the contract?
    • daindian
    • By daindian 6th Dec 17, 12:58 PM
    • 427 Posts
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    daindian
    • #3
    • 6th Dec 17, 12:58 PM
    • #3
    • 6th Dec 17, 12:58 PM
    So it is an obvious error in the contract?
    Originally posted by marcarm
    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
    • By marcarm 6th Dec 17, 1:00 PM
    • 680 Posts
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    marcarm
    • #4
    • 6th Dec 17, 1:00 PM
    • #4
    • 6th Dec 17, 1:00 PM
    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
    • By daindian 6th Dec 17, 1:06 PM
    • 427 Posts
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    daindian
    • #5
    • 6th Dec 17, 1:06 PM
    • #5
    • 6th Dec 17, 1:06 PM
    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.
    Originally posted by marcarm
    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?
    Last edited by daindian; 06-12-2017 at 1:13 PM. Reason: edit
    • NCC-1707
    • By NCC-1707 6th Dec 17, 1:13 PM
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    NCC-1707
    • #6
    • 6th Dec 17, 1:13 PM
    • #6
    • 6th Dec 17, 1:13 PM
    It says total 12600

    Season 1 2100
    Season 2 4200
    Season 3 4300

    So what your saying is they can rescind the signed contract?
    Originally posted by daindian


    So the total you agreed to pay and signed the contract for was £12600?
    • daindian
    • By daindian 6th Dec 17, 1:19 PM
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    daindian
    • #7
    • 6th Dec 17, 1:19 PM
    • #7
    • 6th Dec 17, 1:19 PM
    So the total you agreed to pay and signed the contract for was £12600?
    Originally posted by NCC-1707
    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
    Last edited by daindian; 06-12-2017 at 1:27 PM. Reason: add
    • Fosterdog
    • By Fosterdog 6th Dec 17, 1:28 PM
    • 3,438 Posts
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    Fosterdog
    • #8
    • 6th Dec 17, 1:28 PM
    • #8
    • 6th Dec 17, 1:28 PM
    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?
    Originally posted by daindian
    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
    • By daindian 6th Dec 17, 1:30 PM
    • 427 Posts
    • 80 Thanks
    daindian
    • #9
    • 6th Dec 17, 1:30 PM
    • #9
    • 6th Dec 17, 1:30 PM
    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.
    Originally posted by Fosterdog
    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
    Last edited by daindian; 06-12-2017 at 1:31 PM. Reason: add
    • Fosterdog
    • By Fosterdog 6th Dec 17, 1:39 PM
    • 3,438 Posts
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    Fosterdog
    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
    Originally posted by daindian
    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
    • By steampowered 6th Dec 17, 1:46 PM
    • 1,949 Posts
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    steampowered
    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.
    • molerat
    • By molerat 6th Dec 17, 1:48 PM
    • 17,469 Posts
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    molerat
    It does not add up with the quoted individual prices ex vat. I assume the whole thing is quoted ex vat and should be 4100, 4200 & 4300. OP needs to speak to the supplier and the options would be to pay the correct price or cancel at no cost.
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    • daindian
    • By daindian 6th Dec 17, 2:00 PM
    • 427 Posts
    • 80 Thanks
    daindian
    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.
    Originally posted by Fosterdog
    no for both they put vat separate no idea why
    • paddyrg
    • By paddyrg 6th Dec 17, 3:43 PM
    • 13,089 Posts
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    paddyrg
    It's a mistake. The paperwork is to aid memory and clarify what was agreed, and presumably both parties understand what was agreed. I suggest calling them up and saying "I can't make head nor tail of the schedule bit - can you clarify for me?", and someone will.
    • MobileSaver
    • By MobileSaver 8th Dec 17, 12:06 PM
    • 1,293 Posts
    • 1,768 Thanks
    MobileSaver
    its a consumer to business contract lol ive taken it out as a individual not as a business.
    Originally posted by daindian
    But you said it was corporate hospitality so it would be B2B,
    Originally posted by Fosterdog
    Good luck with convincing a court that corporate hospitality was a "consumer" purchase. Consumer rights will almost certainly not apply to this contract, it doesn't matter who or how you paid it's about intent...

    “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
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