customer refused goods ordered

A few weeks ago I recieved a phone call from a potential customer, asking
about the availability and pricing of second hand computers.

I explained to the customer that I dont normally handle second hand
computers, as long term reliabilty cannot be guaranteed, but, if he wanted
me to, i knew a supplier who could get hold of some reasonable standard PCs
with a monitor. I qouted a price for this, which he agreed, I explained that
I was purchasing these goods on his behalf, my charge would be to put
licensed windows on, install the PC, and provide some basic tuition.

I repeated to the customer, that the reliability of second hand PCs cannot
be assured, and that I was not responsible for anything other then assuring
that the item worked when it was installed (I conceeded to provide further
tech support for cost if needed, though).

The customer agreed to this, and requested I purchased him a new digital
camera, as he wanted to sell things on ebay....

I agreed a price, we made a verbal contract, I told the customer that I will
put the order in as soon as i get off the phone, but it might take a few
days for delivery, as I was dependent on external suppliers.

The pc came a couple of days later, on delivery, it became clear that the PC
was not up to the usual standards of the supplier. I was not able to
deliver the PC the day I intended to, the customer rang me a bit irate for
not telling him as soon as I knew that i would not be ablt to deliver that
day.

Customer had a fair point, pretty annoying when waiting for someone and they
dont come. Anyway, grovelled intensly, explained the situation, how it was
out of my hands, and that the supplier will be sending me another within a
few days.

Anyway, long story short, 12 days after the initial contact was made, the PC
was ready for delivery.

Contacted the customer, he told me he was on holiday, and would ring back
next week. Today, he phoned me, and told me that because of the wait, he
didnt want any of it anymore, i asked why, he said that the time it took was
to long etc, I apologised for the time, explained it was out of my control,
and offered an upgrade of a free CD writer as a way of making it up.

Not interested, said he doesnt want it.....

Now then, in these circumstances, i am significantly out of pocket, is the
customer liable for my costs (i was acting as his agent)? Should i just put
it down to experience, and make sure i get a deposit in future?

any advice would be appreciated.

Gaz

"Gaz" wrote:

snip

Now then, in these circumstances, i am significantly out of pocket, is the
customer liable for my costs (i was acting as his agent)? Should i just put
it down to experience, and make sure i get a deposit in future?

any advice would be appreciated.

Hi.

Unfortunately even if the 'verbal' contract was valid which it probably
wasn't without written terms and conditions you breached it with the delay
and lack of communication. Whatever way it's not economically viable to
enforce and the customer would certainly be gone for good.

Just put it down to 'one of those things' and sell on at cost. I'd write a
letter of apology and hope to be of assistance for any future requirements
including support for the cheaper system he has almost certainly purchased.

Regards.
--
DME Computing Solutions

Laptops: www.dme.co.uk
CD & DVD Duplicators: www.smartcopy.co.uk

DME wrote:

"Gaz" wrote:

snip

Now then, in these circumstances, i am significantly out of pocket, is the
customer liable for my costs (i was acting as his agent)? Should i just put
it down to experience, and make sure i get a deposit in future?

any advice would be appreciated.

Hi.

Unfortunately even if the 'verbal' contract was valid which it probably
wasn't without written terms and conditions you breached it with the delay
and lack of communication. Whatever way it's not economically viable to
enforce and the customer would certainly be gone for good.

Just put it down to 'one of those things' and sell on at cost. I'd write a
letter of apology and hope to be of assistance for any future requirements
including support for the cheaper system he has almost certainly purchased.

But still I found the whole transaction a bit odd. Is this normal practice
that a computer seller acts as an agent for a customer? Rather I would have
thought that the computer shop sources his stock for himself from his suppliers.
Then refurbish as required to be able to sell on. I would have thought that if
there was variations to this, then the computer seller would get it down on a
written contract. I'm not defending the customer here as he may have some moral
responsibility, but have some difficulty understanding why the computer shop
would rely on the customer to the extent of keeping him waiting to fix up an
unseen faulty secondhand computer.

Johannes H Andersen johs@sizefitterwiuiuienuivwuivzouvwvuoveswernuaz. com
wrote:

But still I found the whole transaction a bit odd. Is this normal practice
that a computer seller acts as an agent for a customer? Rather I would have
thought that the computer shop sources his stock for himself from his suppliers.
Then refurbish as required to be able to sell on. I would have thought that if
there was variations to this, then the computer seller would get it down on a
written contract. I'm not defending the customer here as he may have some moral
responsibility, but have some difficulty understanding why the computer shop
would rely on the customer to the extent of keeping him waiting to fix up an
unseen faulty secondhand computer.

It's not normal to view a transaction of this sort in the way the OP did.
As far as I'm concerned it was as you suggest a straight re-seller job but
that doesn't really make much difference to the outcome. Terming yourself
an 'Agent' doesn't lessen any responsibility with regards to warranty and
support unless proper written terms and conditions are agreed to.

Best to stick with what you know and do best and re-direct other business
to known good vendors.

Regards.
--
DME Computing Solutions

Laptops: www.dme.co.uk
CD & DVD Duplicators: www.smartcopy.co.uk

"Gaz" wrote:

A few weeks ago I recieved a phone call from a potential customer, asking
about the availability and pricing of second hand computers.

[snip]

next week. Today, he phoned me, and told me that because of the wait, he
didnt want any of it anymore, i asked why, he said that the time it took was
to long etc, I apologised for the time, explained it was out of my control,
and offered an upgrade of a free CD writer as a way of making it up.

Now then, in these circumstances, i am significantly out of pocket, is the
customer liable for my costs (i was acting as his agent)? Should i just put
it down to experience, and make sure i get a deposit in future?

The customer is not liable for your costs unless you had a contract in
place stating that to be case. You should most certainly take a
deposit in future, not only to provide some compensation and
discourage the customer from canceling but it would also put you in a
better legal position.

Had you taken a deposit both parties would be bound by contract. As
it stands you have no contract; "offer" and "acceptance" took place
but there was no "consideration" as no money (or anything else of
value) changed hands.

In this instance you're essentially a reseller, unless you had
explicitly stated you were acting as an agent. In any event the
distinction does not alter your liability unless you defined the scope
and limitations of your agreement but, again, you would need to enter
into a contractual relationship for those terms to be binding.

There's not a lot you can do and anything you do will probably reflect
badly on your business so you'd probably be best selling on the goods
at cost and writing it down to experience.

--
iv Paul iv

Paul Hopwood wrote:
"Gaz" wrote:

A few weeks ago I recieved a phone call from a potential customer,
asking about the availability and pricing of second hand computers.

[snip]

next week. Today, he phoned me, and told me that because of the
wait, he didnt want any of it anymore, i asked why, he said that the
time it took was to long etc, I apologised for the time, explained
it was out of my control, and offered an upgrade of a free CD writer
as a way of making it up.

Now then, in these circumstances, i am significantly out of pocket,
is the customer liable for my costs (i was acting as his agent)?
Should i just put it down to experience, and make sure i get a
deposit in future?

The customer is not liable for your costs unless you had a contract in
place stating that to be case. You should most certainly take a
deposit in future, not only to provide some compensation and
discourage the customer from canceling but it would also put you in a
better legal position.

Had you taken a deposit both parties would be bound by contract. As
it stands you have no contract; "offer" and "acceptance" took place
but there was no "consideration" as no money (or anything else of
value) changed hands.

In this instance you're essentially a reseller, unless you had
explicitly stated you were acting as an agent. In any event the
distinction does not alter your liability unless you defined the scope
and limitations of your agreement but, again, you would need to enter
into a contractual relationship for those terms to be binding.

There's not a lot you can do and anything you do will probably reflect
badly on your business so you'd probably be best selling on the goods
at cost and writing it down to experience.

I suspected as much.... Well these things happen, and we all learn by
experience, first genuine bad experience I have had, I suspose thats not
bad, after one year in business.....

Gaz

iv Paul iv

Johannes H Andersen wrote:
DME wrote:

But still I found the whole transaction a bit odd. Is this normal
practice
that a computer seller acts as an agent for a customer?

I am not normally a computer seller, and certainly not a second hand
computer seller. I made the customer aware of this, I made the customer
aware of the pitfalls of any second hand goods etc.......


Rather I
would have thought that the computer shop sources his stock for
himself from his suppliers. Then refurbish as required to be able to
sell on. I would have thought that if there was variations to this,
then the computer seller would get it down on a written contract.

Thats where my lack of experience jumps in, oh well, by the way I dont have
a sales unit, I work from home/office.

Cheers for your response.

Gaz

Paul Hopwood wrote in message There's not a lot you can do and anything you do will probably reflect
badly on your business so you'd probably be best selling on the goods
at cost and writing it down to experience.

Thank goodness for Paul Hopwood and his wondrous posts.

Paul Hopwood wrote:

Had you taken a deposit both parties would be bound by contract. As
it stands you have no contract; "offer" and "acceptance" took place
but there was no "consideration" as no money (or anything else of
value) changed hands.

AIUI a promise to pay is a thing of value, i.e. it counts as
consideration. IANAL.
--
- The email address used in this message *IS* valid -

"Paul Hopwood" wrote in message
...

Had you taken a deposit both parties would be bound by contract. As
it stands you have no contract; "offer" and "acceptance" took place
but there was no "consideration" as no money (or anything else of
value) changed hands.

It is perfectly possible to have a valid contract without money hving to be
paid "up front"!