Is a quote a legally binding contract with both parties

[Kirstie3792]

I would like to ask some advice. We quoted for a gardening job and the quote was accepted by the customer. She asked us to supply some materials (that originally she was going to supply) and we agreed that we could supply them as an additional cost to the quote and every one was happy. However yesterday we received an email from the customer to say her old gardener was well enough to work again so she would no longer be requiring our services, but we have ordered and paid for the materials as she requested now have materials that we can not use on any other jobs or return. Can we request that she pay for these materials and where do we stand on customers accepting quotes and then cancelling. Many thanks in anticipation

 

[obscure]

No a quote is not a legally binding contract, it is just one step in the formation of a legally binding contract, for which you need to show...
i. The intent to form an agreement
ii. an offer (the quote)
iii. acceptance of the offer
iv. consideration (they are going to pay you)
v. the capacity/authority to enter into the agreement.

Based on what you have said you shouldn't have any problem convincing a court that you did in fact have a contract to provide the materials.

 

[Kirstie3792]

Thank you so much for replying.
I hope that it doesn't have to go to court but it is definitely good to know that we would get our money back.

 

[cjd]

Try explaining the situation and ask for payment for the materials before resorting to T&Cs and contracts, she's likely to still need them anyway. People are generally reasonable.

If that doesn't work, it does sound like ou have a contract, but do you have it in writing - email is ok.

 

[smallclaimsassistance]

She asked us to supply some materials (that originally she was going to supply) and we agreed that we could supply them as an additional cost to the quote and every one was happy.

She is definitely up for the materials. Had she not asked you to supply them, you wouldn't have ordered them.

 

[Clinton]

I'm going to disagree with all the other posters as you have not mentioned that you have written/email acceptance from your customer for both the quote itself and the amendment to the quote (i.e. materials).

Without that written acceptance the customer will likely argue that she never accepted the quote and the price for the supply of materials and is therefore not under contract.

If you have written confirmation on both the above points then ignore this post.

 

[Newchodge]

Of course, to be legally binding there is no requirement for any part of a contract to be in writing. It just helps to prove what was actually agreed. However the contract exists even if it is all agreed orally.

 

[smallclaimsassistance]

I'm going to disagree with all the other posters as you have not mentioned that you have written/email acceptance from your customer for both the quote itself and the amendment to the quote (i.e. materials).

Without that written acceptance the customer will likely argue that she never accepted the quote and the price for the supply of materials and is therefore not under contract.

If you have written confirmation on both the above points then ignore this post.

True, she may well argue that she didn't order the materials (we're only talking about the materials here), but if the OP's version above is correct, and he only bought the materials because she instructed him to do so, it doesn't matter if they don't have the instruction in writing. She may well disagree, but if she is lying, she will come undone if it gets as far as trial. I have seen people lie in the witness box, and watching barristers tear their lies to pieces is extremely enjoyable.

Just as contracts can be written, oral, or implied from a course of dealings, you don't need written evidence to prove a point in law. You can do so with oral evidence.

You're right to flag up the importance of documentary evidence, but while it is almost always the best form of proof, it is certainly not the only form of proof.

Dean