Do I have a leg to stand on?

[Babylon5]

Hi, I have the following situation that I am needing advice on how to proceed.

The wife and I placed a special order at a hardware store (I'll let you guess which hardware chain ). As the item was not stocked they had to order in the item. The item is a Hot Water System. We paid in full and received a tax invoice. They said the item will be in store in the next week.

Fast forward a couple of days and I've just received a phone call from the hardware store stating that they made a mistake with the price. They charged us the deleted price when the item used to be in stock. Since the item has to be ordered in they are now saying the price has doubled.

What legal recourse do we have? Are they trying to bluff us into paying the higher price? As we have paid in full should they then honour the price? I'll be phoning the Dept of Fair Trading tommorow to get their advice but would really like to know what others would do in the same situation?

Thanks.

[Rossluck]

If it were me I guess I'd just reluctantly accept it. Especially from the company you haven't mentioned; they're out of control at the best of times.

[m2c1Iw]

We paid in full and received a tax invoice. They said the item will be in store in the next week.

I'd say you have a contract of sale. Therefore any error on their part is their problem. Stick to your guns and demand they fulfill their obligations and supply as invoiced. If you had only paid a deposit different issue IMHO.

Good luck
Mike

[Stuart]

I don't think they have a legal leg to stand on, but it will be an interesting argument to kick it out from under them.

I'd be talking to the store manager, and if unhappy with the response, tell them your next step.

[thesupervisor]

i would contact ministry of fair trading i belive because they gave you a price and accepted money and give a invoice with item description its their responsibility to get the price right not for you to bend for them if it was just a quote then i would accept it but you have paid for the item so you now own it take them to the cleaners

[Cliff Rogers]

If I was in the supplier's position, I would be giving you your money back saying that I was unable to source the stock.

[Stuart]

That would certainly have been an option.....except they stuffed it by admitting they can

[Sleeping Dog]

If I was in the supplier's position, I would be giving you your money back saying that I was unable to source the stock.

But if you have paid for an item that they have agreed to supply, are they not obligated to then supply it?

[q9]

But if you have paid for an item that they have agreed to supply, are they not obligated to then supply it?

Yes.

But enforcing it is the hard bit...

[fenderbelly]

i would say you have a legaly binding contract and in your shoes i think you have to state that to them before approaching office of fair trading.
good luck.

[DavidG]

Look carefully at the small print for an EAOE

[Gingermick]

i would say you have a legaly binding contract

And if they fail to uphold their end, you should push for liquidated damages. Even though they weren't explicitly defined in the contract if they fail to uphold their end you should be compensated. ie your money back plus a free cordless drill of your choice or something similar.

[silentC]

I'm pretty sure they're not obligated to give it to you at that price. They can give you a refund if they're unable to supply it at that price. On the other hand, I doubt they can force you to pay the balance. Dept of Fair Trading will know.

However, if they do give you a refund, you are then still faced with the problem of needing a HWS and your chance of getting it somewhere else cheaper is slim. It might be better to negotiate on the price rather than walk away altogether. They probably wont miss your money but paying more to someone else on principle only hurts you.

[Sturdee]

I'm pretty sure they're not obligated to give it to you at that price. They can give you a refund if they're unable to supply it at that price. On the other hand, I doubt they can force you to pay the balance. Dept of Fair Trading will know.

However, if they do give you a refund, you are then still faced with the problem of needing a HWS and your chance of getting it somewhere else cheaper is slim. It might be better to negotiate on the price rather than walk away altogether. They probably wont miss your money but paying more to someone else on principle only hurts you.

Very good advice as it all depends on the fine print that may have been on the back of the order form and/or receipt.

Even the minor little thing like E&OE is enough to cover them. So let Fair trading have a look at everything and then negotiate with them from a position of knbowing your rights.

In the negotiations there is always the possibility of raising the issue of adverse publicity. The so-called current affairs shows thrive on this kind of stuff and that could be a bargaining chip for you.

Good luck.

Peter.

[Babylon5]

Well we have just returned from Bunnings. We had success

We asked to speak to the store manager and explained the situation. I was expecting a fight on our hands but within 5 seconds he was agreeing with us and said he will honor the price. He stated that it was internal pricing error by the staff and we as customers shouldn't have to pay the extra for a mistake made by them.

So in the end we scored a $1100 gas hot water system for only $553

Thanks everyone for their advice.

Shane.