Commissioned goods - What are my rights?

[patti12]

3 months ago I approached a craftsman to make a number of ornamental pieces out of wood from a newly felled ancient tree. He came and removed various pieces of log to work from. I asked for an idea of prices, indicating clearly that I wasn't "made of money", but he just answered gently that he wouldn't charge me a fortune. I was surprised to see how high the prices were for ornaments on sale at his workshop - but by this time he had started work and I assumed my pieces would be cheaper since I had provided the wood (plus surplus wood). I visited twice and saw work in progress initially, then heard nothing until Wednesday 30th May 2007, when I got a phone call saying the pieces were ready. I went round to view them that afternoon. He was charging much more than I had expected and justified it by saying there was extra work involved in preparing the 'green' wood. He asked me to choose from the pieces he had made, and I agreed to take extra pieces he had made, in return for a slightly discounted price. I said I would return with my cheque book - but before I do, just exactly what are my rights regarding prices being charged?

[chesham]

From what you have said, there is no binding contract in place regarding the price, and not one to specifically indicate what price you were paying. If you agreed with him to build you these pieces, but no price was discussed, then the price is not a term of the contract, but one would assume through common sense that the price is a specific term of the contract.

 

Again, going on what you have said above, there are certain requirements which need to be met for a valid contract to be in place, whether orally or in writing, and this does not seem to fit this. You cannot say that you would make something for someone but it won't cost a lot, only to go ahead and bump the prices up and then come out with a really high figure. The law does state that if a price was agreed at the beginning, then obviously you have agreed to that price and it cannot be negotiated, but this would be a different story as you make no mention of the price being agreed, only that is would "not be a fortune" - would this be clear enough to show that each party intended to make a legal obligation to get into the contract?

 

The pricing of a item in the contract of sale is a fundamental part of it, and until it has been decided, I would draw that no contract has been formed - and even more so if you had not instructed him to go ahead and start making things for you.

 

You have no rights, as such, when it comes to the pricing of an item - it can be as low or as high as anyone wants it to be - however, contract law does provide certain requirements and rights of people when entering into it, which can be quite complicated. He sounds like a sole trader and not a booming corporation, so dealing with him can be quite tricky and you may be a sensitive person, but then this is part of being a business, and the risks which you might run when selling items to people.

 

At the end of the day, be honest with him and say that you were not expecting such a high price, and the fact that he charges a lot for items means that you are not sure that you wish to go ahead and purchase these items - you aren't legally bound to, unless specifically agreeing with him that would definitely purchase them items regardless of cost, or instructing him to build the pieces for you.

[patti12]

Thankyou, very helpful. At the end of the day, I want those pieces as a keepsake from a much loved tree. Lesson to anyone else - get quotes beforehand, and don't be fooled by a seemingly kind-natured craftsmen - at heart they are still salesmen! Incidentally, he has now left a very dark, almost threatening message on my phone, so although I was ready to go, cash in hand to barter with him, I am now less than eager. It has been precisely a week since he first rang to say they are ready! I now feel I'm being bullied by that oh-so gentle woodturner!

[gyzmo]

Sorry, but I have to disagree to some extent with Chesham's post.

 

If no price is agreed at the start, then there needs to be some mechanism whereby the price can be formulated. The price need not necessarily agreed before the contract starts. Think of if you have an emergency plumber out - he may say £x amount per hour plus parts" - you do not know the price until the work is done, yet it can be a legally binding contract.

 

Supply of Goods and Services Act states that where no price has been agreed, then a reasonable price should be payable. What is reasonable is a matter of fact (for a court to decide).

 

If you disagree with the charge, pay by cheque and write "paid under protest" on the back. You will then have cause of action at a later stage.

 

Patti 12, can I ask (honestly) is this an actual situation or are you studying something to do with law and have a question to answer? Sorry if that sounds daft, but what you have posted is typical of an essay style question given to those studying consumer law areas?

[patti12]

I wish it were a hypothetical situation, but it's real. I have paid and collected my goods, and learnt my lesson for the future.