Help!!

Weirdlittleman

bap98189 wrote: »

According to the OP, they did not ask them to proceed with the manufacture, they only asked them to send the payment request. This is fairly standard practice in business, it's no different to requesting a pro-forma invoice. It holds no more weight than a quotation. I would say no contract was entered into.

If the manufacturer went ahead and manufactured without specific instructions to do, and before payment had been received then they are foolish. I would check exactly what you requested them to do, but if you only asked them to send the payment request, tell them to take a running jump.

Wrong
It may be fairly standard to ask for a proforma invoice/invoice but this doesnt mean the contract doesnt start until payment is made unless its a term of the contract.

We regularly get invoices with payment terms of 30 days which we get the goods for straight away.

Once the OP said it was fine and asked for a payment request/invoice in my view the contract was made

OlliesDad

OP,

Can you post a copy of the email that they sent you, and also the response you sent?

I suspect that they sent you an email along the lines of "we await your approval" and you responded with "yes that's fine". Although without seeing the actual conversation, it would be hard to advise.

pinkshoes

Pilot, as above, can you post the EXACT wording of the emails exchanged (blocking out any personal info obviously).

I order many things through work, and I phone to enquire and get a quote (or example of what it'll be like). No agreement is made until I pay, or send a purchase requisition.

Depending on the exact wording, it sounds like all you did is ask for a quote, and a payment request form, which is NOT entering a contract. You have not at any point asked or agreed for item to be made.

Only an idiotic company would make something for a complete stranger without receiving payment first!!!

(although some of my suppliers have made a start on things when my manager isn't around to sign the paper work... but only because I order so much from them and they trust me!)

phlogeston

pinkshoes wrote: »

Only an idiotic company would make something for a complete stranger without receiving payment first!!!

Having worked in the finance industy for many years dealing with all sizes of business (we dealt with a few thousand businesses around the globe), I can assure you it is almost universal business practice for an order to be placed and payment to be made some time after delivery. In fact our whole multi-miilion pound business was based around lending money secured on unpaid invoices!

Without knowing exactly what details were contained in the emails that the OP sent and received, no one can say for certain if a contract exists. However, if it was a proof sent for approval and the OP OK'ed it, I would be fairly certain that a contract exists.

heretolearn_2

As others have said, hard to say without seeing the exact wording.

But my interpretation would be that you placed an order, therefore are liable to pay for it.

Whether or not the company is wise in acting on an order placed in this way by an unkown individual before payment, is neither here nor there. Definitely no need for a payment to be made before a contract exists.

I'd leave it to the court to decide. If they say pay, and you do so immediately, there's no stain on your record. There's also the chance that they'll say you don't have to pay.

SandC

It's standard business practice that if you approve the proof (that's the quotation with the picture) then you are asking them to carry on and make the item. The firm concerned probably deals with businesses more than individuals and consequently does not expect to be paid until the goods are received, or up to 30 days after that.

Might be worth getting onto their website and checking out their terms and conditions regarding proofs. Check the quotation you received too.

My thoughts are that you did enter into a contract and if it got to court they would win.

Equaliser123

heretolearn wrote: »

I'd leave it to the court to decide. If they say pay, and you do so immediately, there's no stain on your record. There's also the chance that they'll say you don't have to pay.

No stain on record maybe, but the risk of Court costs and (possible) fixed solicitors costs which will outweigh the amount actually at stake.

Lip_Stick

I'm in the printing industry, and once approval for artwork has been made, that is the go-ahead for the product to be manufactured.

I'm guessing the OP got the original company to create artwork, then used that artwork to send to another manufacturer for them to recreate. The second manufacturer didn't have to 'design' the flag, so perhaps that's why it was cheaper.

pinkshoes

phlogeston wrote: »

Having worked in the finance industy for many years dealing with all sizes of business (we dealt with a few thousand businesses around the globe), I can assure you it is almost universal business practice for an order to be placed and payment to be made some time after delivery. In fact our whole multi-miilion pound business was based around lending money secured on unpaid invoices!

Indeed, hence my comment on purchase reqs, i.e. they don't actually receive any money, but I do sign something (i.e. a purchase req) which is an agreement to pay, albeit in 3 months when the company do their accounts!!

The OP didn't make any such agreement to pay. They merely agreed on the design by the sounds of it.

Equaliser123

pinkshoes wrote: »

Indeed, hence my comment on purchase reqs, i.e. they don't actually receive any money, but I do sign something (i.e. a purchase req) which is an agreement to pay, albeit in 3 months when the company do their accounts!!

The OP didn't make any such agreement to pay. They merely agreed on the design by the sounds of it.

Disagree. I think Lip_stick has summed up the industry position.

I think that the designer was entitled to act in reliance upon what was said by OP.

OP risks this getting out of hand if settlement is not made.