Heating oil - do I have a binding contract?

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81917322#Comment_81917322

The term mentions a contract which means the consumer would be bound to pay (as the price may not increase), the consumer later becoming "unbound" to pay doesn't mean they weren't originally bound.

In any event that term is heavily weighted in the trader's favour causing a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer, I don't believe it's within the requirement of good faith, it's merely a get out clause for the trader if they don't like the margin on the sale at a later date in a situation that the consumer can not anticipate in any way.

Ultimately if OP said they was going to purchase elsewhere and claim the difference the company would likely pay the difference, they'll probably ignore for as long as possible but I can't see they'd let it get all the way to a hearing in court. Whether the OP possibly not being welcome to buy for this company again bothers them is of course a separate matter.

apcd2

https://forums.moneysavingexpert.com/discussion/comment/81917322#Comment_81917322

If the price of oil decreased between ordering and delivering is the customer free to force a cancellation or price renegotiation on the supplier? If not then this is a very one sided term and likely would be deemed unfair.

mta999

I disagree that it is an unfair term

If the contract says the price the customer pays depends on the price of supply on the day of delivery then that is not unfair - that is just simply the way it works

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81927033#Comment_81927033

Except it doesn’t say that, it says you pay the price agreed unless it goes up.

Blindly accepting something because it’s written is a common error, with these kinds of issues it usually occurs because the majority have little knowledge of consumer protection legislation.

apcd2

https://forums.moneysavingexpert.com/discussion/comment/81927033#Comment_81927033

If the contract did indeed say that then it wouldn't be unfair. Instead it effectively says "you'll pay the price on the day of order or the day of delivery (whichever is higher)".

It's worth remembering why there's generally a couple of weeks between ordering and delivery of oil and why you typically pay more to guarantee an early delivery. It's not because the supplier is busy and flat out making deliveries. The real reason is because delivering to lots of far away rural properties is time consuming and thus costly. Suppliers can save reasonably amounts of time and money by grouping deliveries into nearby properties. Ordering for delivery in 2 weeks might mean a genuine 2 week wait but equally your oil may show up the next day if that just happens to be when the supplier was planning a nearby delivery. As such it's even more unfair to increase the price for the customer who just happened to miss a nearby delivery run and thus needs to wait the full 2 weeks versus one who gets lucky and orders the day before a delivery run is planned.