Hi
What is the legal position behind quotes? I quoted a proposed client for some work at above market rates. The reason I quoted above market rates was because I knew someone who had worked for this client in another capacity and this person said that this client can be quite high admin. The client obviously came back to me on the price, wanting it reduced, based on alternative quotes from other accountants.
Having given it much thought, I don’t actually want to do the work, even at the original price. Can I simply withdraw the quote altogether, even though the deadline for acceptance hasn’t occurred yet?
Am I obligated to standby my quote if the client accepts it? Normally I would just say simply, that the quote is no longer valid and leave it at that. However this guy’s wife is some hot shot corporate lawyer and I just want to make sure my ducks are in a row!
Replies (7)
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Just tell them that the quote was non-negotiable and that now on reflection, it isn't work that you wish to take on.
Nobody can force you to do work that you have not yet been contracted to do.
offer and acceptance
Interesting point. Made me look it up. Looks like you are in the clear:
"If the offeree proposes a counter offer, this makes the original offer irrelevant. Think about eBay again – you’re able to list an item with a fixed price (an offer) but can also sell it for a best offer (the offeree making a counter offer)."
http://www.allaboutlaw.co.uk/stage/study-help/contract-law-offer-acceptance
Just to add, I always send my T&C's with a quote. They include terms when I am able to revoke or amend quotations.
If you haven't accepted the his counter-offer, then you can choose to not accept his counter offer and state at the same time the original offer has been withdrawn.
(I'm not a lawyer but I do remember at least this much from my accountancy degree!)
Dickinson v. Dodds
If the quote is simply an invitation to treat, it is not binding on you anyway, even if he accepts it.
Even if it is considered to be an offer, you can retract it before he accepts it. (A fortiori from Dickson v Dodds).
If his "negotiations" constitute a counter-offer, your original offer is void (per Hyde v Wrench), although from Stevenson, Jaccques & Co V McLean, his "coming back to you on the price" may not be a counteroffer, but just a inquiry as to whether the terms could be modified.