Supplier wanting to change payment terms

harry_bosch

My mother-in-law ordered patio doors to be fitted in her house. The contract she signed stated the balance (after deposit) was to be paid on completion. The contract also states a delivery date.

When she signed the contract, the salesman told her that in order to get the doors ready for the agreed date, she would have to sign a waiver to the effect that the 7 day cancellation entitlement would no longer apply.

I phoned him to ask a few questions about this and he has since gone back to my mother-in-law to ask for full payment now and to say that her slot for fitting was no longer available. If she doesn't accept this, the order will be cancelled and she will be charged for the work they have done to date on the doors.

Surely this invalidates the contract and she should be entitled to her deposit back if he cancels the contract?

She's writing to him to say that money will be paid on completion of the work on the agreed date otherwise she wants her deposit back. Does this seem reasonable?

Thanks in advance

halibut2209

Seems reasonable to me.

SuperHan

Reasonable to me too. I can't see why he won't now accept payment on completion, again providing she waives her rights if he is installing sooner.

harry_bosch

He claims he's concerned about us cancelling the order given I was asking about the cancellation waiver. My mother-in-law's argument is that the terms are quite clear if we were to cancel the order (reimburse their costs incurred up to cancellation) so why should he demand full payment up front?

unholyangel

harry_bosch wrote: »

He claims he's concerned about us cancelling the order given I was asking about the cancellation waiver. My mother-in-law's argument is that the terms are quite clear if we were to cancel the order (reimburse their costs incurred up to cancellation) so why should he demand full payment up front?

He cant. Once a contract is legally binding on one party, it needs to be legally binding on the other party for it to be considered fair. Meaning he cant unilaterally alter the terms of the contract without your mothers consent once those terms have been agreed.

Have a read of this document:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

I'd give it a good read through. I think theres quite a few sections that may be applicable in your mothers case.