Unfair 'contract' terms?

unholyangel

arcon5 wrote: »

So basically a quote is issued - if accepted an invoice generated and must be paid within 24 hours - if not paid within this time they basically reserve the right to withdraw their offer of services....... maybe?

Doesn't at all seem unfair to me !!!

They make it clear what payment methods they accept - you either accept the quotation and the accepted payment method or decline it and go elsewhere.
They can only accept chickens for all you care - so long as material terms like this are clearly made.

Hmm wouldnt those circumstances fall foul of unfair contract terms though?

2.5.8 Full payment in advance. The OFT objects to terms which have the indirect
effect of excluding liability unfairly. For example, the right of set-off is effectively removed where consumers are required to discharge their duty
to pay in full (or nearly in full) before the supplier has finished carrying out
his side of the contract. Such terms also leave consumers at risk of loss if
the supplier becomes insolvent.


2.5.9 The OFT objects to such terms in contracts under which a substantial
amount of work is carried out individually for the consumer after full, or
nearly full, payment has been made. In such cases, the proper incentive to
perform work with reasonable care and skill is weakened or removed. The
OFT's objections also apply to 'accelerated payment' clauses, which
demand all or most of the full contract price if the consumer breaks a
contractual obligation – for example, to allow work to start on or by a
certain date.8

Ectophile

!!!!!! wrote: »

Sounds like they just want to limit the payment methods to ways where people can't pull a fast one on them. They may well have been bitten by unscrupulous customers too many times to trust any other payment methods

Or alternatively, they want to be able to pull a fast one on the customer. They submit the invoice the moment they consider the work to be done. The customer is then contractually bound to pay it within one day via one of two irreversible methods.

If the work turns out to have been botched, there's no chance of any Section 75 or chargeback with either cash or BACS.

ThumbRemote

It doesn't say when the invoice will be issued. It may be after the work is completed.

arcon5

Oft can object all they like, being offered credit is not a right.
We are forced by business' to pay in full upfront all the time. Our last holiday was paid upfront and it was made very clear they'd be cancelling it and we'd be losing money if it wasn't.

unholyangel

arcon5 wrote: »

Oft can object all they like, being offered credit is not a right.
We are forced by business' to pay in full upfront all the time. Our last holiday was paid upfront and it was made very clear they'd be cancelling it and we'd be losing money if it wasn't.

I never said anything about offering credit. How can it possibly be credit considering you have received neither goods nor services in advance?

2.5.3 There is no objection to terms which state the consumer's normal legal
obligation to pay promptly and in full what is properly owing –that is, the
full price, on satisfactory completion of the contract. But suspicion falls on
terms which say, or clearly imply, that the consumer must in all cases
complete his payment of the whole contract price, without any deduction,
as soon as the supplier chooses to regard his side of the bargain as
finished. They are likely to be seen as excluding the right of set-off even if
they do not actually mention that right.

Holidays btw....not the same thing and surprised you even used it as a comparison, I thought you would've known better.

Perhaps a read of the section for yourself may clear that up.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

Not like your usual posts at all. Still half asleep when you posted perhaps? I've done it a few times myself!

rustyboy21

OP it is only the same as I do in my business. When we go out to fit a fireplace, we check that the customer has the form of payment ready, PRIOR to install. If they haven't then we don't fit it. We do take cards and cash though.


The amount of times in the past that we have taken a cheque and it has bounced, or let a customer call into the showroom to pay afterwards and they don't turn up for weeks, has caused us to do this.


I can see why the contractor has done this and I don't blame them.