OLD THREAD

unholyangel

Who gave you the price for installation? If you didn't choose them and didn't separately negotiate with them then your contract is with the supplier, even if you agreed to pay the fitter, unless they expressly made you aware they were acting as an agent for the fitter.

Paying a cashier doesn't meant your contract is with the cashier. Because paying is in performance of a contract rather than formation of it.

Also, if the contract was formed wholly at a distance or off-premises then they need to give you certain information by durable medium. That information includes the identity of the trader and their geographical address. 

pbartlett

@unholyangel is spot on

" If you didn't choose them and didn't separately negotiate with them then your contract is with the supplier, even if you agreed to pay the fitter, unless they expressly made you aware they were acting as an agent for the fitter."

unholyangel

SavvySaver24 said:

pbartlett said:

@unholyangel is spot on

" If you didn't choose them and didn't separately negotiate with them then your contract is with the supplier, even if you agreed to pay the fitter, unless they expressly made you aware they were acting as an agent for the fitter."

Thanks for this - is there anything "legal", any consumer rights act etc. that I can reference that states this? And when you say expressly made aware, would being told we had to pay the fitters on the day class as being adequate expressly aware?

As above, paying someone doesn't mean the contract is with them. . 

How did you enter the contract? In their store/premises? By phone? Online?

It's a lot easier if they were required to give you that info I mentioned. 

pbartlett

who you pay doesnt matter it is the contract (real.or implied) at the sale time that matters.

of you want to withhold the installation fee then you can do this - the merchant is likely to object though. In any case, i is up to them to pay the installer as they contracted the installation, not you.

lincroft1710

SavvySaver24 said:

pbartlett said:

it would help of you uploaded a photo of the relevant bit of the contract

I've read the T&C doc. No mention whatsoever of installation costs. Its in an email literally saying "installation payable to fitter on the day".

So I presume that although the shed has been erected, despite the above, you have not in fact paid the installers

lincroft1710

So what did they installers say when you refused to pay them

mattyprice4004

The installers have done their bit, it seems rather poor form to refuse to pay them 

pbartlett

it looks like their contract is with the merchant so the merchant should be paying them anyway, not the op.

op contracts with merchant, op pays merchant or disputes with merchant, mercant pays any subcontractors.

born_again

So what does the invoice say?

Cost of Shed £££
Installation £££ (to be paid to installer on day)
Amount received £££
Total payable £££

Or something else?

pbartlett

From what you have posted before, it seems the contract for everything (including installation) is with the original supplier. 

Therefore, they are responsible for paying their subcontractors eg the installer.

You are responsible for paying the original supplier for everything (including installation) and yes you can withhold as much as you want from them, although as I said previously they are likely to take things further and if it comes to court the judge will decide on the evidence presented by both sides..