Where does liability fall with retailers and 3rd party installers?

[Diggy]

Situation:

 

A shop sells white goods, washing machines, cookers etc......

 

The do NOT employ any fitters/installers.

 

When an install is asked for they phone a local self employed fitter and arrange a convenient time to meet the fitter and the customers address.

 

The shop deliver the goods and leave the fitter there to install them and invoice the customer directly for their time.

 

At no time does the store quote and install price or take money for the install. However they may advise a 'ball park' figure to expect to pay.

 

Problem:

 

A customer has a washing machine delivered with arranged installation, but feels the installation was too expensive and is not happy. The invoiced figure a way above the expected 'ball park' figure.

 

What (if any) responsility/liabilty under U.K. law does the retailer have if the customer is claiming they were overcharged?

[Weird Al Yankovic]

When you say 'When an install is asked for they phone a local self employed fitter...'

 

Who are they? The shop? And I assume that 'When an install is asked for...' this is the customer?

 

If this is the case then I assume the shop informed the customer they can suggest someone to install it, the customer then has agreed to this suggestion and then requested it and then the shop got in touch with a fitter who came around to install it and billed the customer for the work?

 

Clearly a contract between fitter and customer. (Check out the get out clause from the shop-it will say somewhere on their literature/website that they can advise about supplying a fitter, suggest a price, but it is for the customer to check about the likely price)

 

It may be he has travelled a long distance and billed for it. Or something else.

[Diggy]

When you say 'When an install is asked for they phone a local self employed fitter...'

 

Who are they? The shop? And I assume that 'When an install is asked for...' this is the customer?

.

 

They = the shop

asked for = the customer

 

This is as I understood it. If anyone could point me to a part of UK law or the sales of goods act that covers it, I would be very grateful!

 

Thanks.

[118:8]

If the customer asks for an install and the shop introduced the customer to a third party installer then they are acting as agents for the installer. But the 'principle' of the contract is the installer since their full address was given and payment made to them.

 

If they gave a ballpark figure by word of mouth this is an 'estimate' not a 'quote' (which is legally binding).

 

An estimate can vary by 10% - 20% but if the price given after installation was much much higher then it might be seen as a misleading price indication.

 

Also the installer is providing a service covered by the Sale and Supply of Goods Act 1982 and that says they must only charge a 'reasonable' amount for their sevices.

 

To find out a reasonable amount ask a few other installer how much they would charge for the same thing then get back to the installer and say you are only willing to pay a reasonable price (and mention the estimate by the shop acting as their agents)