Browse Forums Heating, Cooling & Insulation 1 Oct 20, 2009 7:07 pm We just got a quote on an actron airconditioner for our new build. The price came within budget so we were happy, liked the guy we were dealing with so decided to sign the contract. Then we get a phonecall to say that he had made a mistake on the quote and that the price he had quoted was for a less powerful version and the one we want would be at least an extra thousand dollars. This is so disappointing, that extra $1000 dollars takes us over budget! So we have told him that if he can't honour that price then we don't want it and we are going to look elsewhere. We're still waiting to hear back if they can honour that price. I always thought they had to honour the contract but I guess if he had told us that he had quoted too much we would want the cheaper price! Anyway, I'm just having a vent really Anyone recommend any good air con shops in Perth? Sarah Re: Air con dissapointment 3Oct 20, 2009 7:18 pm while not being underquoted I could have gone for the 15kw system instead of the 17.7kw system and the saving was about $1k - but no toys, no 8 zones, no controllers etc. also a 15kw system would have been adequately powered but up towards the peak end of performance, whereas the 17.7kw system is nicely ranged. I'd look at the specs and features you will be getting for the extra $$ - it could be (maybe perhaps) that it is a better solution to your airconditioning needs. ’’Quondo Omni Flunkus Mortati ’’ If the women don't find you handsome, they should at least find you handy. Stila BK1 Build Thread The best place to talk about sport Re: Air con dissapointment 4Oct 20, 2009 7:52 pm The quote was for the 17kw system, but now he's saying that it's actually for the 15kw system. I want the 17kw but feel like saying no to this company and getting a quote somewhere else. Maybe I'll wait until I get some other quotes back just incase his turns out to be the cheapest even with the extra $1000! Sarah Re: Air con dissapointment 5Oct 21, 2009 10:23 pm You could be smart about this one. Take the quote you have and go to somewhere else and ask them to beat it! Heck, if they can't beat it, then maybe they can come close, close enough to be in your budget. If life gives you lemons, then make lemonade! Re: Air con dissapointment 6Oct 26, 2009 2:18 am Mistakes do happen. A quotation is NOT a contract and at common law it has been held as an invitation to treat. Re: Air con dissapointment 7Oct 26, 2009 7:55 pm KPMBuilding Mistakes do happen. A quotation is NOT a contract and at common law it has been held as an invitation to treat. Where did you hear that? (I am not a lawyer but I would be interested in the case law because its a new one on me.) Quotations are offers. The Contract is formed when accepted (given various other requirements and exceptions.) http://www.australiancontractlaw.com/ http://en.wikipedia.org/wiki/Australian_contract_law Re: Air con dissapointment 8Oct 28, 2009 11:42 am If you accepted the quote - it would become a contract when you signed it. That works both ways - what is specified and [u] the price - would be locked in - unless there is a clause which covers such errors (usually to let either/both parties out of the contract). Many companies have gone under due to under-quoting (and being held to the signed contract). Many clients have also suffered because they signed a contract which was over-priced for what they received. If either party wants to change or cancel the contract, they should negotiate in a reasonable manner. When negotiating, put yourself in the other party's shoes, and try to agree upon a win - win solution. If a change is agreed upon, a new contract should (preferably) be drawn up - with the original being clearly marked as "cancelled" with dated signatures from both parties. Keep your copies of both contracts! If a new contract is not drawn up, the original should be notated with the amendments and signed and dated by both parties. If you can't agree on amendments acceptable to both parties, it is probably better to cancel the contract completely, shake hands, and start again with a different company. If you insist on enforcing a contract, be prepared for ** work or an unfinished job - or legal/financial hassels. Re: Air con dissapointment 9Oct 28, 2009 6:03 pm Contracts can be formed verbally (except for specific types according to legislation) however having it in writing is always a good idea for proof purposes. Acceptance should be in writing otherwise they may claim that acceptance didn't occur. Otherwise it is their word against yours. (Depends a bit on the value as well - for a contract of a couple of hundred dollars you probably wouldn't worry.) If they have made the offer (which is accepted) they really should be prepared to stand by it, even if they have made a mistake (they should be more careful. Unless the "mistake" is due to something they as a reasonably experienced person / company in the area they are working could not reasonably be expected to know or have seen through careful investigation. Then it is not really a "mistake" as such.) However pragmatically I agree that even if you have a contract it is sometimes better to negotiate rather than try to strictly enforce - otherwise the supplier may just try to cut corners if they can get away with it or start claiming outrageous variations for "latent conditions" or generally make working with them unpleasant. Or if they still refuse taking it to court / arbitration can be very time consuming and expensive (and possible a hassle not warranted). How do you remove one of these ceiling air con vents? And is it possible to disconnect the duct joined to the vent from inside the house, without going into the roof cavity? 0 5947 Hi all, sorting out the ducted air con for a 350sqm double story house. Does this placement sound reasonable to you? Also, I plan to have 6 zones I think. Living room… 0 0 Hi all, sorting out the ducted air con for a 350sqm double story house. I think i plan to have 6 zones I think. Living room (mainly for entertainment so not used often),… 0 0 |