Breach of Contract ???

  Newuser2 17:35 04 Oct 2007
Locked

I placed an order on Monday for a new laptop.
It only came with 1GB of ram as standard but with the option at extra cost to go to 2GB. I agreed to the extra cost and placed the order. The full cost was debited from my bank the next day, so they have full payment.
The salesman called me on my mobile today to say that there would be an extra cost to upgrade to the 2GB as the laptop came with 2 x 512 sticks and not as they had thought a 1GB stick.
I agreed to the extra cost, but as they have full payment for the original contract, they then move the goal posts, is that a breach of contract.
FE will no doubt advise us all.

  GANDALF <|:-)> 18:20 04 Oct 2007

If you have the details in writing (a receipt detailing the spec) then you are OK..if not you do not have much chance.

G

  Stuartli 18:28 04 Oct 2007

Whether the contract was written or verbal, if the additional RAM is not provided as agreed and for which you have paid, then it is most certainly a breach of contract.

  GANDALF <|:-)> 18:32 04 Oct 2007

It would be very difficult to prove a verbal contract, hence my post. Technically a verbal contract is worth as much as a written one but one has to be realistic.

G

  Newuser2 18:35 04 Oct 2007

I have a order confirmation of the original order.
They have just called me, I told the guy that they are in breach of contract, he said that a manager is going to call back.

  Marko797 18:37 04 Oct 2007

Seems they are varying the terms of the contract, but let's get it straight:

If I understand correctly:
You agreed to, & paid for an upgrade from 1gb to 2gb. They fone u 2/3 days later to say they want more money owing to, what amounts to, their lack of knowledge of their own products. From what you say - "I agreed to the extra cost" - Have you therefore agreed to the new revised cost? If this is the case, then u have entered into the contract on the revised terms.

  Marko797 18:55 04 Oct 2007

any reputable company would give you the goods as per original spec & price (which u say u paid in full), in the spirit of good customer relations, and for effectively messing u about - via salesman's poor product knowledge. Hope you get an agreeable outcome on this.

  Newuser38 19:13 04 Oct 2007

Should have said Office 200 and it was the Professional pack.

  Forum Editor 19:50 04 Oct 2007

and took your money - a contract came into existence at that stage. The company may not subsequently vary the terms of the contract without your prior agreement. That's the legal situation.

The practical situation may sometimes be different, however, and you have demonstrated that. You agreed to the change in contract terms over the phone, and by doing so you have provided the company with an escape - technically they are not in breach of anything. They made a mistake, however, and you may end up profiting by it - your comment about breach, made to them in the phone conversation, might produce the desired result. If it doesn't, don't press the matter. You would have to take legal action to try to prove breach, and in my opinion you would lose. Sometimes it's better to cut your loss and move on.

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