Kitchen company want more money after invoice has been paid

eljaytee

Back in February 2020, I ordered a kitchen from an online Company. I paid for it by credit card (via their online system) prior to it being delivered and apart from a couple of minor bits being damaged, all was ok. The damaged items were replaced by the company in good time. All in all I was really pleased with the quality and service. 

Yesterday I had a call from the company saying they had undercharged my by £500 due to an admin error. 

Now I paid the price I was quoted online and paid in good faith. My question is, do I now need to pay the outstanding balance or is it down to the company to cover as it’s their error? I really don’t have £500 and am getting really worried about the situation 

pinkshoes

How much was the entire kitchen? Is it already installed? When was it delivered? 

DoaM

If they gave you a quote, and you paid based on that quote (i.e. they have already invoiced you), coupled with the fact that the goods have been delivered and quality issues resolved (so real people have been involved - it wasn't all computer-automated) then any E&OE clause they may have in their T&Cs is arguably null and void. Therefore you have no contractual liability for their error (IMHO). How much is £500 versus what you actually paid?

E&OE = Errors & Omissions Excluded ... if they make an obvious error then they can pursue the shortfall, before the contract is concluded.

Sandtree

What are they saying the error was? Have they supplied parts they forgot to charge for (and if so are they listed on your invoice) or is it a more generic charging for every item but some items were priced wrong?

If it is the later then you can almost certainly tell them to go whistle (though prospects of them being helpful or guestures of goodwill in the future clearly evaporate) whereas if they have sent you goods you never paid for then you are on less clear ground (but I would defer to others)

sharpe106

As above if the invoice is itemised and there are things missing from the invoice then fair enough. You have a responsibility to check it too. But if the invoice is basically just fit one kitchen for x  amount then tough as how do you know it was wrong. You agreed to fit the kitchen at that price. 

unholyangel

If you had agreed £2500 and only paid £2000 then they can ask for the extra £500. Apart from that, you have no obligation to pay the extra. 

If it was a unilateral mistake then the contract would be void ab initio (which means the contract was never valid). A unilateral mistake is one that is obvious (or should be obvious - ie a £1000 tv selling for £100). If the mistake was not a unilateral one then the contract is valid - regardless of any clauses they have saying otherwise. 

eljaytee

Thanks everyone for the replies. Basically the order was done online, I chose the kitchen and then changed a few bits (changed colour and swapped some units) The pricing system automatically updated to the new items (or so I thought)  I then paid online the full
amount (just over 6k) 
they have now said because of the changed there was an admin error and the prices didn’t update as they should have done. I can’t see that this is my fault and they should be liable to the outstanding cost. 

All the items were as per the invoice, I didn’t receive anything I didn’t pay for, it just seems some of the prices were incorrect and nothing stood out as being exceptionally underpriced. 

Kitchen was supply only, I had it fitted and they didn’t get involved in that side of things. 

unholyangel

eljaytee said:

Thanks everyone for the replies. Basically the order was done online, I chose the kitchen and then changed a few bits (changed colour and swapped some units) The pricing system automatically updated to the new items (or so I thought)  I then paid online the full
amount (just over 6k) 
they have now said because of the changed there was an admin error and the prices didn’t update as they should have done. I can’t see that this is my fault and they should be liable to the outstanding cost. 

All the items were as per the invoice, I didn’t receive anything I didn’t pay for, it just seems some of the prices were incorrect and nothing stood out as being exceptionally underpriced. 

Kitchen was supply only, I had it fitted and they didn’t get involved in that side of things. 

Tongue in cheek suggestion but respond to them asking what their reponse would be if the shoe was on the other foot and you you had came back to them saying you were only willing to pay £5500? 

They'd tell you sling your hook - because you had agreed to pay £6k so were due to pay £6k. Which is the correct response regardless whether its you or them seeking to vary the price. 

davidmcn

unholyangel said:

eljaytee said:

Thanks everyone for the replies. Basically the order was done online, I chose the kitchen and then changed a few bits (changed colour and swapped some units) The pricing system automatically updated to the new items (or so I thought)  I then paid online the full
amount (just over 6k) 
they have now said because of the changed there was an admin error and the prices didn’t update as they should have done. I can’t see that this is my fault and they should be liable to the outstanding cost. 

All the items were as per the invoice, I didn’t receive anything I didn’t pay for, it just seems some of the prices were incorrect and nothing stood out as being exceptionally underpriced. 

Kitchen was supply only, I had it fitted and they didn’t get involved in that side of things. 

Tongue in cheek suggestion but respond to them asking what their reponse would be if the shoe was on the other foot and you you had came back to them saying you were only willing to pay £5500? 

They'd tell you sling your hook - because you had agreed to pay £6k so were due to pay £6k. Which is the correct response regardless whether its you or them seeking to vary the price. 

I'm not sure it's "varying the price" if this is simply an error in the addition of the agreed prices for the individual items? I would have thought either party is entitled to correct that. If the OP had overpaid £500 they'd be entitled to it back.

DoaM

If OP paid the prices as displayed then any error was the sellers' and is not the OP's liability.

X units at Y price = Z cost
D doors at E price = F cost
Etc.
Total = Z + F + Etc.

If the seller made an error with Y, E or any other unit price, and such an error was not obvious (e.g. £10 when it should have been £100 would be obvious, £90 would not), then that is absolutely not the OP's problem or liability.