Can supplier do this??

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*Gems*
*Gems* Registered Posts: 15 New contributor 🐸
in Chat and off-topic discussion
I was after a bit of advice. Our supplier invoiced us for maintenance for something on the 7th February. We paid this invoice on the 10th February but never heard from the supplier. After chasing them for a few weeks to find out why they hadn't renewed the maintenance they have come back to us today to say that the american office ( I think they are a re-seller ) have changed the prices meaning we're going to have to pay more.

Where do we stand on this? Do we have to pay? I've checked the invoice and it doesn't say anything about errors and omissions excepted so I'm of the opinion that this is their mistake and we shouldn't have to pay?

Thanks

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  • JodieR
    JodieR Registered Posts: 1,002 Beyond epic contributor 🧙‍♂️
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    Yeah, I have a very limited knowledge of contract law but it's pretty clear that in this case a contract exists and their internal communications failure is not a suitable reason for them not to honour their side of the contract at the price initially agreed!
  • JodieR
    JodieR Registered Posts: 1,002 Beyond epic contributor 🧙‍♂️
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    How weird... when I view this post again it looks like I duplicated the word 'internal' but when I go to edit the post it's only showing once :S
  • uknitty
    uknitty Registered Posts: 591 Epic contributor 🐘
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    Once they have accepted the payment surely the contract is complete ?
  • PGM
    PGM Registered Posts: 1,954 Beyond epic contributor 🧙‍♂️
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    Contract law is messy; but as Jodie says an internal failure on their part is no excuse.

    You've entered into a contract and agreed rates. There's not much else to say, if they back out you'd be in your right to legal action against them, whether that'd be worthwhile is another matter.
  • MarkT
    MarkT Registered Posts: 302
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    uknitty wrote: »
    Once they have accepted the payment surely the contract is complete ?
    Yes
    PGM wrote: »
    Contract law is messy; but as Jodie says an internal failure on their part is no excuse.

    You've entered into a contract and agreed rates. There's not much else to say, if they back out you'd be in your right to legal action against them, whether that'd be worthwhile is another matter.
    Exactly.

    Under the Supply of Good and Services act 1982, one of the key points is:

    "It is the seller, not the manufacturer, who is responsible if goods do not conform to contract."

    Its the same as if you are a drop shipper operating on ebay - if you sell an item for £10 and then you find that the people you are buying off of are charging £12, you are legally obliged to sell the price once you accepted the payment. It is your problem as the reseller to claim and deal with the originator, not your client

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