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Delivery charge query

Gers
Gers Posts: 13,593 Forumite
Part of the Furniture 10,000 Posts Photogenic Name Dropper
I would appreciate some advice please.

Ordered furniture.
Signed order form which also quoted £xx for delivery
Paid requested deposit
Furniture delivered as agreed (eight week lead in) last week
Paid full outstanding balance on debit card and funds cleared to them

Received a phone call tonight saying a mistake had been made in the delivery charge and they wanted an additional amount which will almost double the quoted price.

Am I legally required to make good their mistake?

Many thanks.

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Gers wrote: »
    Am I legally required to make good their mistake?
    No you do not.

    Was the delivery charge clearly wrong?
  • Ectophile
    Ectophile Posts: 8,319 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If I read your post correctly, you've now paid the full price quoted for the furniture and delivery. If so, then the contract is concluded. They have no right to ask for anything.

    If you haven't paid the full amount (e.g. if you've paid for the goods, but they forgot to ask for the payment for the delivery), then you still owe the extra money.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • Gers
    Gers Posts: 13,593 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    wealdroam wrote: »
    No you do not.

    Was the delivery charge clearly wrong?

    I had no way of telling. It was never discussed just appeared on my order form/signed contract. I suppose that I agreed it when I signed.
    Ectophile wrote: »
    If I read your post correctly, you've now paid the full price quoted for the furniture and delivery. If so, then the contract is concluded. They have no right to ask for anything.

    If you haven't paid the full amount (e.g. if you've paid for the goods, but they forgot to ask for the payment for the delivery), then you still owe the extra money.

    I have paid in full. Paid the balance on delivery with my debit card and they have the money.

    The guy who rang me said that they had quoted for local delivery by mistake when in fact the delivery address, as on the paperwork, is much further away.

    I don't feel under any legal or moral obligation to pay anything more though wanted my legal position clear before I go in batting. As I'm not at home just now I asked them to call me again on Wednesday.

    Do you suppose that the salesman will have to make good the deficit as I won't be?

    Thanks for the advice so far, it's helped reassure me.
  • Gers
    Gers Posts: 13,593 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Just checked my order firm and it says 'the goods on this order will be made for YOU and to YOUR specifications. (their capitalisation). It is important that you appreciate and understand that this order is a legally binding contract. '. Again, their emphasis. So, it seems I am under no obligation at all to correct their mistake. :j
  • aldredd
    aldredd Posts: 925 Forumite
    If they provided you a written quote, which included delivery, and you paid the full amount, and there was no reason to believe a mistake had been made (ie, was the delivery tariff shown on the order form showing the different rates?) then I really don't think they have a leg to stand on.
    If they call back, I would simply say something along the lines of 'I agreed to conclude the purchase based on the written quote given to me, and that amount has been paid'

    Of course, if it's a small amount, you may wish to offer it to them for the sake of relations - they could be awkward in the event you have an issue with the item down the line.
  • Gers
    Gers Posts: 13,593 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    aldredd wrote: »
    If they provided you a written quote, which included delivery, and you paid the full amount, and there was no reason to believe a mistake had been made (ie, was the delivery tariff shown on the order form showing the different rates?) then I really don't think they have a leg to stand on.

    I paid the full amount as they requested and had printed on the sales contract. Delivery down as £49.00.
    aldredd wrote: »
    If they call back, I would simply say something along the lines of 'I agreed to conclude the purchase based on the written quote given to me, and that amount has been paid'

    Thanks, I will do that.
    aldredd wrote: »
    Of course, if it's a small amount, you may wish to offer it to them for the sake of relations - they could be awkward in the event you have an issue with the item down the line.

    They say the actual delivery delivery should have been £80.00 so it's not a small amount of difference. And I don't feel inclined to pay them it. If I had made a mistake I'm not sure that the company would accommodate me with any changes.

    Thanks :T
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