Unfair 'contract' terms?

John_Gray

I've had a quotation for work I wanted done on my house, and the letter included the text:

[FONT=&quot]ALL QUOTES ARE ACCEPTED ON THE UNDERSTANDING THAT PAYMENT WILL BE MADE IN FULL WITHIN 24 HOURS OF RECEIPT OF INVOICE[/FONT]

Could this be considered an unfair contract term, and unenforceable?

Furthermore, the letter continues:

[FONT=&quot]PAYMENT METHODS ACCEPTED ARE CASH AND BACS. [/FONT]

Does a cheque count as 'payment by cash'?

Thanks!

Undervalued

No and No!

The terms are clear, why do you think they are "unfair and unenforceable"?

If you are not happy get a different contractor.

fred7777

John_Gray wrote: »

I've had a quotation for work I wanted done on my house, and the letter included the text:



[FONT=&quot]PAYMENT METHODS ACCEPTED ARE CASH AND BACS. [/FONT]

Does a cheque count as 'payment by cash'?

Thanks!

They have to accept all forms of legal tender.
http://en.wikipedia.org/wiki/Legal_tender
But personal cheques are not cash and are not legal tender so they don't have to accept them.

Undervalued

fred7777 wrote: »

They have to accept all forms of legal tender.
http://en.wikipedia.org/wiki/Legal_tender
But personal cheques are not cash and are not legal tender and they are not cash.

So actually by accepting "cash" they are doing more than is legally required and some smaller coins are only "legal tender" in amounts up to £10!

Anyway, this is all pretty silly. If they don't want to accept cheques (and quite a few retailers won't) that is their privilege.

I really can't see what the OP is bothered about.

It is perfectly reasonable (and lawful) for them to have those terms and conditions. They have made it clear up front, why should they wait weeks or months to be paid? Equally, why should they accept a cheque and risk finding out a week or so later that it has bounced?

unholyangel

fred7777 wrote: »

They have to accept all forms of legal tender.
http://en.wikipedia.org/wiki/Legal_tender
But personal cheques are not cash and are not legal tender and they are not cash.

Legal tender has a very narrow and specific meaning and it only relates to paying a debt to court.

In transactions with retailers, they are free to accept or refuse any currency they wish.

http://www.royalmint.com/aboutus/policies-and-guidelines/legal-tender-guidelines

unholyangel

OP has this person/company been around a while and do they have good reviews?

If not and its large amounts of money you're spending....i'd perhaps try to find someone who will accept card payments so you have another course of action should anything go wrong.

System

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

antrobus

John_Gray wrote: »

I've had a quotation for work I wanted done on my house, and the letter included the text:

[FONT=&quot]ALL QUOTES ARE ACCEPTED ON THE UNDERSTANDING THAT PAYMENT WILL BE MADE IN FULL WITHIN 24 HOURS OF RECEIPT OF INVOICE[/FONT]

Could this be considered an unfair contract term, and unenforceable?

.....

I don't know about being unfair and unenforceable, but it's certainly confused. They produce the quote, but it's you that accepts it. Obviously what they meant to say was all quotes are made on the understanding that you pay up pronto on receipt of invoice. I imagine most quotes are made on the 'understanding' that you pay up pronto, but then you remain entitled not to pay if the work is not completed satisfactorily, and it's unclear what they would do if you didn't pay up within 24 hours. Especially since it's entirely possible that you might receive the invoice after returning home from a day's work on the eve of Good Friday and be physically unable to pay them until the Tuesday.:)

John_Gray wrote: »

....
[FONT=&quot]PAYMENT METHODS ACCEPTED ARE CASH AND BACS. [/FONT]...

Normal BACS takes a few days. Perhaps they're hoping you've got access to faster payments?:)

John_Gray

Thanks for all the responses!

It's the first time I've seen any wording like this, and I was interested in what more knowledgeable opinions might be. Antrobus' view of the confused first sentence is especially good.

In fact it was like pulling teeth to have this firm answer initial phone calls, actually turn up to inspect, and produce the "we don't really want this job" quotation, so the deeply-unfriendly and onerous tone thereof was just the final reason to reject them.

mattyprice4004

How on earth would a cheque be the same as cash? Can I take a cheque from you and use it to buy my shopping?

arcon5

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.