Quotation that could be dishonoured?


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blurblock

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#1
I received a quotation from a rather popular local photohraphy chain in Singapore regarding the prices of some lenses. I rushed down to the shop in the photography triangle as fast as possible as the quote given to me is definitely a very excellent quotation.

Upon reaching there and on agreement of sales, the first thing I was told is "Sorry, we cannot honour this quotation, you will have to pay another 26% (of course he did not say 26%, but if I tell the exact amount, you will probably know the price difference and the lens I am getting) more as the quotation is wrong.

Of course I refused to pay the extra money and since we cannot agree on the price, I guess I just have to let it go. Damm .... wasted my taxi fare for rushing down .... due to the clause "ex-stock subject to prior sales, unless otherwise stated."

Can't really force them to honour their quote ..... actually I can, just go to small claim court, this quotation is a legal document on an agreed contract ...... but damm freaking leh je ...
 

Darren

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#2
blurblock said:
Can't really force them to honour their quote ..... actually I can, just go to small claim court, this quotation is a legal document on an agreed contract ...... but damm freaking leh je ...
Don't think you can enforce the pricing in the quote if it was a mistake.

The quote is just an "offer to treat" and is not a legally enforceable document (someone who is familiar with law, please step in now and confirm) if i recall correctly from my law studies many many moons ago.
 

blurblock

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#3
Darren said:
Don't think you can enforce the pricing in the quote if it was a mistake.

The quote is just an "offer to treat" and is not a legally enforceable document (someone who is familiar with law, please step in now and confirm) if i recall correctly from my law studies many many moons ago.

cannot meh???? nebermind .... tomorrow go ask a judge :) whahahahahahah ...... nice to be working with judges .....
 

Pinoy

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#4
blurblock said:
cannot meh???? nebermind .... tomorrow go ask a judge :) whahahahahahah ...... nice to be working with judges .....
"Honest Mistake" :)

I think something like that happened to Singtel, Dell and HP in the past... with their websites displaying incorrect price info.... and AFAICR, they were not really legally binded to deliver, since it was an "honest mistake".

:Later,
 

blurblock

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#5
Pinoy said:
"Honest Mistake" :)

I think something like that happened to Singtel, Dell and HP in the past... with their websites displaying incorrect price info.... and AFAICR, they were not really legally binded to deliver, since it was an "honest mistake".

:Later,
True, True ...... and see how they handled their honest mistake? Reputation at stake ..... But anyway, my wrath is over ..... but I am sure i would not be buying anything in the near future from them .......
 

mpenza

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#6
Did you send them a request for quotations officially and got a reply? If not, they are not required to honour honest mistakes made. Customers should also not try to take advantage of honest mistakes.
 

blurblock

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#7
mpenza said:
Did you send them a request for quotations officially and got a reply? If not, they are not required to honour honest mistakes made. Customers should also not try to take advantage of honest mistakes.
Yes I did send them a request and yes it is a reply.

In that case, next time I ask for quotation, should I call be all the vendors and check the price item by item and do the QC for them? They price they quoted in their quotation isn't very much different from online (B & H) quotation, thus I tot they are quoting the correct sum, and thus, I rush back from my workplace to tampines to get my camera and rush down to the shop via taxi, cost me nearly $30 for that trip, just to know that "an honest mistake" .... so I am not supposed to be mad? Can I ask them to pay me back my cab fare and my time? Customer should bear the consequences of "honest mistake" made by vendor?

If that is the case, then for the 300 million honest mistake made by IDA, Shouldn't Singtel pay back every single cent? Since it is a "honest mistake"?

Every mistake is honest, there is no such thing as a dishonest mistake.
 

mpenza

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#8
don't think your request has any terms and conditions to protect your interest and make the reply a legally binding quote.

anyway, ask the judge and let us know? :)
 

blurblock

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#9
mpenza said:
don't think your request has any terms and conditions to protect your interest and make the reply a legally binding quote.

anyway, ask the judge and let us know? :)

ok ok :) ..... after asking him .... maybe check with my ex-colleuages (practising Lawyers) ;), meeting them for lunch on Sunday ..... whahahaha .... feeling evil ...... maybe learn a few new things......
 

HelmetBox

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#10
I tot the other time singtel put a wrong price qoute in their website in the end they had to honor their word and sell it at that price to those who ordered?

But then in your case there was the clause.......

Anyway, I'm also interested in the outcome :D
 

Darren

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#11
HelmetBox said:
I tot the other time singtel put a wrong price qoute in their website in the end they had to honor their word and sell it at that price to those who ordered?
If I remember correctly, in that particular case, Singtel had charged the buyers credit card, thus there was
#1. Offer to treat - Singtel offering the item at S$xxx
#2. Offer to buy - Buyer put in an order
#3. Offer to buy accepted by Singtel by virtue of them charging the credit card.

At that point, once Singtel had "closed the loop" by taking the buyers money, then they are "legally obligated" to fulfil the offer by providing the goods. Even then, if the mistake is going to genuinely hurt Singtel (ok maybe Singtel not a good example here) eg $10.00 advertised for a $1000 item, they still have recourse by saying it was a mistake and refunding the $10 to the buyer - I believe there has been cases where the courts have ruled in favor of the shop.

Again, my law is very rusty, so if any barrister, lawyer, solicitor or judge is reading this and can concur, please throw in your 5 cents worth (non-chargeable, free advice please) here ;)
 

Frog

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#12
Don't think you have a case here cos what you received is just a Quotation. When you made your offer to buy (acceptance), it must also be agreed by the seller - in this case they didn't cos there was a mistake. Mistake or no mistake, they could still refuse to sell you that item.

But you are right. Since there are cost involved here, such as your taxi fare - if they are reasonable, they may reimburse you a token sum. But bear in mind that they are not liable for it...

i believe this is what i've learnt in biz law... :bsmilie:
 

blurblock

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#14
Which means the so call e-quotation is not quotation, but a paper to tell you .... look .... we sell it cheaper then other shops, come down to us.... and when we go down .... sorry .... wrong quote, but since you are here already might as well buy from us ????

Then what's the freaking use of a quotation? Based on that logic, when the seller tell you over the counter, it is going to be $1000 for item A, but then when you decides to buy it at $1000, he then can say, oh ... sori wrong quote, should be $1250 ....... like that also can ..... might as well tell them to up price list and paste it on their windows so it will be more transparent .....

Anyway, pricelist pasted on windows can also say .... sori wrong quote .....
 

Astin

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#15
I know this sounds crude, but we are living in a real world, not a fantasy or matrix. Any shops (not just camera shop) will write E&OE on their quotation. I deal with hundreds of salesmen weekly, so I know how useless is the quotation methodology.
 

blurblock

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#16
Astin said:
I know this sounds crude, but we are living in a real world, not a fantasy or matrix. Any shops (not just camera shop) will write E&OE on their quotation. I deal with hundreds of salesmen weekly, so I know how useless is the quotation methodology.
Hehehe .... I guess all of us need to go for jedi training ......

"You must sell me your product based on your own quotation" ..... " you must sell me your product based on your own quotation" ......

May the force be with you.....
 

Astin

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#17
Ok ok let me say this out and loud, everybody repeat after me.....

"You must sell me your product based on your own quotation" ..... " you must sell me your product based on your own quotation" ...... " you must sell me your product based on your own quotation" ......

If we do this everyday, maybe 1 day we can change the world.....
 

ydanz

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#18
This is indeed a squeeze balls situation. Even if its NOT an equote, even if it's a price tag you SEE at the shop that you know it's only half the value of what it should be, the shop still has a right not to "accept" your offer to buy. The price tags are only an "invitation to treat" = inviting you to make an offer to buy at the stated price whereby they are not liable to accept. This protects them in the event that a wrong price is stated. Too bad I know but thats the law, no two ways bout it. SUCKZ!!!

blurblock said:
I received a quotation from a rather popular local photohraphy chain in Singapore regarding the prices of some lenses. I rushed down to the shop in the photography triangle as fast as possible as the quote given to me is definitely a very excellent quotation.

Upon reaching there and on agreement of sales, the first thing I was told is "Sorry, we cannot honour this quotation, you will have to pay another 26% (of course he did not say 26%, but if I tell the exact amount, you will probably know the price difference and the lens I am getting) more as the quotation is wrong.

Of course I refused to pay the extra money and since we cannot agree on the price, I guess I just have to let it go. Damm .... wasted my taxi fare for rushing down .... due to the clause "ex-stock subject to prior sales, unless otherwise stated."

Can't really force them to honour their quote ..... actually I can, just go to small claim court, this quotation is a legal document on an agreed contract ...... but damm freaking leh je ...
 

Darren

ClubSNAP Admin
Staff member
Jan 16, 2002
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#19
Astin said:
Ok ok let me say this out and loud, everybody repeat after me.....

"You must sell me your product based on your own quotation" ..... " you must sell me your product based on your own quotation" ...... " you must sell me your product based on your own quotation" ......

If we do this everyday, maybe 1 day we can change the world.....
Don't forget the wave of the hand ala Quigon (or whatever his name is) ... must practice also while murmuring.

But i think the retailers are like the trader with wings (sorta like a goblin-fairy nightmare) who is immune to the Force ...

not very up-to-date with my Star Wars ... as you can see ... ;p
 

HelmetBox

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#20
blurblock said:
Hehehe .... I guess all of us need to go for jedi training ......

"You must sell me your product based on your own quotation" ..... " you must sell me your product based on your own quotation" ......

May the force be with you.....
...................................................

if u had the 'force', would you still need to pay for it? :D
 

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