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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22822
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have had carpet installed and have just been hit with a bill

Customer Question

I have had carpet installed and have just been hit with a bill of $415 for carpet under the stairs.
When they came round to do the measure i was asked if i wanted carpet under the stairs and i said yes of course.
in the terms and conditions it says that under the stairs is not included. the main quote does not say anything about under the stairs. it only has a number of lineal meter's allowed for which i took to include under the stairs.
i never actually signed the contract even tho we went ahead with the deal. they have a 50% deposit already.
should i have to accept the new bill even-tho i never signed the contract?
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
When you get a quote for something like this, it is accepted commercial practice that you can go up to 10% beyond the quote, but generally no more. In this case however if you thought the quote included the carpet, for under the stairs, because of the specific request when they measured, then you have an argument for saying that the quote should have included this sum. In any contract the terms and conditions have to be specific and easy to read and find. If this was in the small print, then it may not be binding. If it was clearly pointed out, then it could be something you have to pay, but subject to the discussion which you had about the main quote. A contract cannot be misleading under the Fair Trading Act, and if this contract was misleading about whether the quote included the carpet under the stairs, then you are entitled to refuse to pay

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