Supplier wants more money after items paid for!

Lupealu

My partner recently purchased some windows from a trade supplier. He was originally provided a quote (on paper) and the items were ordered. He went back into the shop seven days later, without the piece of paper and asked how much he owed, the cashier looked it up on the computer and he paid the amount that they told him (for which he has a receipt). He has now received a phone call a further seven days later after payment stating that the store got it wrong and they'd given him the net amount and he owed the VAT still - is this right?
To make things worse he's received the windows and they are the wrong size and the shop are refusing to change them until he pays the VAT.
Any advice would be appreciated.

InsideInsurance

What does the quote say re VAT?

What do the terms and conditions say about when the contract is formed? They're probably on the reverse of the quote

Lupealu

BASIS OF THE SALE
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with these Conditions, and all other terms and
conditions, including any terms and conditions of the Buyer subject to which any Quotation is accepted or purported to
be accepted, or any Request for a Quotation is made, are specifically excluded.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the
Buyer and the Seller.
2.3 Unless the parties otherwise agree in Writing in accordance with clause 2.4, any Quotation given by the Seller for the sale
of Goods shall be an offer by the Seller to sell the Goods in accordance with the Quotation and these Conditions, and shall
be open to acceptance by the Buyer for a period of 30 days from the date of the Quotation, at which time if not accepted
it will be deemed to be withdrawn. Any acceptance by the Buyer of the offer must be in Writing and communicated to
the Seller, and on receipt of the acceptance there will be a Contract for the sale and purchase of the Goods.
2.4 The Buyer and the Seller may agree in Writing that any Request for a Quotation is to be an Order for the Goods (in which
case the Order will constitute an offer by the Buyer to buy the Goods), and the Quotation given by the Seller will then be
acceptance of the offer, and there will be a Contract for the sale and purchase of the Goods when the Quotation is given
by the Seller accepting the Order.
2.5 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed
by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such
representations which are not so confirmed.
2.6 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as
to the storage, application, installation or use of the Goods which is not confirmed in Writing by the Seller is followed or
acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or
recommendation which is not so confirmed.
2.7 Any typographical, clerical or other error or omission in any sales literature, Quotation, price list, invoice or other
document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.


3.1 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any Request for a Quotation
(including any applicable specification) submitted by the Buyer, and for giving the Seller all necessary information relating
to the Goods to enable the Seller to provide a Quotation and to perform the Contract in accordance with its terms.
3.2 The quantity, quality and description of and any specification for the Goods shall be those set out in the Quotation (if
accepted by the Buyer) or the Buyer’s Order (if accepted by the Seller). In the case of any conflict between the Buyer’s
Order, and the Quotation, the terms of the Quotation will prevail.


4.1 The Price of the Goods shall be the price set out in the Quotation or, where no price has been quoted (or a quoted price is
no longer valid), the price listed in the Seller’s published price list current at the date of the Quotation. All prices quoted
are valid for 30 days, after which time they may be altered by the Seller without giving notice to the Buyer.
4.2 Except as otherwise stated under the terms of any Quotation or in any price list of the Seller, and unless otherwise agreed
in Writing between the Buyer and the Seller, all Prices are given by the Seller on an ex works basis, and where the Seller
agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges
for transport, packaging and insurance.
4.3 The Price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.
4.4 The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods, but full
credit will be given to the Buyer provided they are returned undamaged to the Seller before the due payment date.


Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the
Buyer for the Price of the Goods on or at any time after the Contract is entered into.

ThumbRemote

But what amount is actually invoiced on the quote? And what does it say about VAT?

If you were invoiced (for example)£120+vat, and you've paid £120, then you owe the money still. If the invoice has no mention of VAT then you've paid the bill in full.

Lupealu

I believe that the original document had the value and then VAT as an addition, but when he went back to the supplier to pay - without the quote document, they advised him that he had to pay the amount (which did not include VAT).
He paid this (has the receipt) and then they've contacted him a week later to say that in error they forgot to charge the VAT.

wealdroam

Lupealu wrote: »

I believe that the original document had the value and then VAT as an addition, but when he went back to the supplier to pay - without the quote document, they advised him that he had to pay the amount (which did not include VAT).
He paid this (has the receipt) and then they've contacted him a week later to say that in error they forgot to charge the VAT.

OK, he has an invoice for amount + vat. He has paid the amount but not the vat. He still owes the vat.

When taking payment, they made a mistake. He still owes the vat.

lovinituk

If they had tried to charge more than the original quote I'm sure your other half would have mentioned something straight away. The original quote mentioned the VAT so that is what is owed. You can't benefit from a genuine mistake when the original cost was made clear.

paddyrg

Doesn't term 4.3 spell it out explicitly?

4.3 The Price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.

hermum

Don't all trade suppliers give the price excluding VAT?

wealdroam

hermum wrote: »

Don't all trade suppliers give the price excluding VAT?

No, they don't.

beeg0d

wealdroam wrote: »

No, they don't.

maby not all but the vast majority of trade suppliers do quote excluding VAT (alough of cause do expect the VAT to bee paied). I have quite a few trade accounts with various companys and all quotes and price lists ive ever had exclude VAT.