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Thread: What does the CPA say about quotes, written and verbal?

  1. #21
    Diamond Member Justloadit's Avatar
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    Hi Adrian,

    It's your right to disagree, just as it is my right to not accept your order

    What I am saying is that once I accept your order, I keep to my word, up till then I have the choice to accept your order or not, as far as I am concerned a quotation is an intention to commit if you accept the quote based on information available at the time, up till then if circumstances change which may affect the initial terms and conditions of the quote, then I feel that I have the right to change the quote as well, just as you have the right to accept the revised quote or not.
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
    Solar pumping, Solar Geyser & Solar Security lighting solutions - www.microsolve.co.za

  2. #22
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    The problem is that your view goes against generally accepted norms. I suppose you could get away with it if you make it clear on your quote that that is the way that you operate.

  3. #23
    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Justloadit View Post
    Hi Dave,

    The sections you quoted really refer to a retail store, and not so much to a written quote.
    The trouble is there are bits and pieces relating to pricing and authorisation issues all over the CPA, but I believe this is the most appropriate section to consider when it comes to quotes.

    However, I think where you and I (together with Adrian by the looks of things) are actually getting crossed up is you keep referring to a "quote" rather than an "estimate".

    Forget the CPA for a moment - what words you use are important beyond just the CPA. Here's something that was drilled into me at a very early stage in my business career:
    There is a material difference between a "quote" (or quotation) and an "estimate", just as there is a material difference between a "guarantee" and a "warranty".

    A quote is a firm offer - so you better make sure you've dotted all the i's and crossed all the t's.
    An estimate inherently implies the potential for variances between the original estimate and the final charge raised.

    If you were talking about an estimate and suggesting this was subject to final acceptance, I wouldn't be nearly as concerned. You may have not had a problem in your situation so far (which I gather relates to manufacturing), but I'm really concerned that someone else accepts your position and ends up paying the price as a result.

    If you're not willing to be held to the precise letter of your offer, make sure you give an estimate, not a quote.

  4. Thank given for this post:

    Blurock (02-Apr-13), Justloadit (03-Apr-13)

  5. #24
    Platinum Member sterne.law@gmail.com's Avatar
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    As Dave raise, a quote an an estimate are seperate issues.
    A quote is an offer, which if accepted, becomes a contract, albeit pre CPA or post.
    As Justloadit says, many people have their own operating procedures, which in the end determines their rise or fall, the key here is the legal standpoint.
    There are many things we dont agree with, take having to join the bargaining council, but the legal position is the legal position. This is such a case.
    Reading the post again, "your right to disagree just as is my choice to accept" ....But once I ACCEPT I keep my word is the offer and acceptance paradigm. Again, there is a big difference between merely increasing the price, and "revising" a quote because there is additional work, this brings a new contract into play. I call you and offer to perform the extra work for X, and you either accept or decline.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  6. Thanks given for this post:

    Justloadit (03-Apr-13)

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