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Question
Posted by: Anon | 2013-10-17

Legal Advice re Supplier Keeping Our Deposit and Not Doing the Work

Hi there, I wonder if anyone can offer me any advice. Our company does renovations and we sourced a pool company to do some work for a client of ours on her pool. They quoted us in mid-July, however it's taken her until a couple of weeks ago to give the go-ahead. I paid the 50% deposit required as per their quotation and e-mailed the proof of payment to the pool company stating that this was the deposit for the quotation from July. I got a response of thanks and can they have our client's address so they can arrange to start the job. They then subsequently 2 weeks or so later sent us a new invoice, adding on another R3 000.00 to the previous amount. When querying this, we were told the quote from July isn't valid anymore, but at no point did she say this when I paid the deposit, plus the description on the quote differs, and nowhere on their previous quote does it say this quote is only valid for so long or toc's apply and if it was a problem, she should have said so when I paid the deposit right? The guy gave major attitude about being too busy to come out to finish the job after he'd drained the pool and told my boss he'd rather give us our deposit back less the draining of the pool. At any rate, after a couple of heated discussions with them, we got an e-mail from her to say that we are liable for a 15% cancellation fee, 2 call-out fees of R600 each (the one time he went out was for the draining of the pool), and we have to pay for the acid wash which they didn't do as well. We get the impression this is what they do. They don't do the work, then get an attitude, tell the client to cancel the job, then keep most of the deposit for doing almost no work. I am very disgusted and upset about this because they are trying to keep our deposit now for not doing the work and they have no terms or conditions on their quotes at all, let alone about about a cancellation fee or that the quote is only valid for 60 days or less or that we're liable for call-out fees or work that wasn't done if we cancel the job (bearing in mind that he was the one who actually cancelled the work, not the other way around, we just were fine with it as we can't work with people like this). What rights do we have and how do we go about getting our deposit back from the, less only the draining of the pool, which is the only work they did, which we are obviously happy to pay for, based on what was quoted for this? Please help! I don't know if hiring a lawyer will be worth it.

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Our users say:
Posted by: Anon | 2013-10-17

My apologies on the above post, I see that you are a labour lawyer. But if anyone on the forum has any advice from me, I'd be most grateful. :-)

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