Thread: Consumer law
View Single Post
  #11  
Old 12-01-2023, 02:05 PM
Astrofire (Dale)
Registered User

Astrofire is offline
 
Join Date: Mar 2019
Location: Melbourne, Australia
Posts: 14
Apologies if this has already been discussed. I haven't read the other comments. These are my rushed thoughts. But did a LOT of law in my business degree. If you want to pursue this, I'd suggest getting formal legal advice or better still just go to consumer affairs.

Under contract law there is the concept of "offer" and "acceptance". The seller offers you the price and you accept/reject. There must be adequate communication - the contractual instrument is the original Invoice, and this is the form of communication (offer) and you agree to pay the agreed amount (acceptance).

If you don't agree to the new price, then there is no contract and you're not bound to pay the additional amount. Your only bound to pay the originally AGREED amount. I wouldn't pay the additional amount as this then establishes a new contract (because you're agreeing to pay more). I'd just pay the agreed amount.

Bottom line is they can't legally do this. If you were given a quote and they had some text saying that the amount could vary then that's a different story. In that case they would get back to you first and say - it's gone up by $X amount do you still want it. The quote wouldn't be a formal agreement. Just you directing them to firm up the price. You would only be agreeing for them to formulate a final figure (the Invoice) at which time you could agree/disagree.

In a service business some people will charge a fee to progress a Quote to an Invoice because it takes a bit of effort to firm it up. In the case of a product this needs to be managed via adjustment terms on a quote or the Invoice itself.

Ultimately you are the one that should be having the final say on what will be invoiced and not just lumped with a price increase without your consent (agreement).

Hope it goes ok for you.
Reply With Quote