Whose liable when a vendor miscalculated a contract?

posted 3 years ago in Flowers
Post # 3
Member
1067 posts
Bumble bee
  • Wedding: September 2014

Whoa!  Given that they generated the paperwork, and made the initial error, I would lean toward it being their fault.

Post # 5
Member
1768 posts
Buzzing bee
  • Wedding: June 2014

I have a feeling that if your contract is like most florist’s contracts, you’re SOL. Our contract says something along the lines of “due to the fluctuating cost of flowers, FLORIST will make every effort to keep prices at the quoted price, making subsititutions if necessary, but ultimately the client is responsible for any changes in fees”. That’s a paraphrase of it, but…yeah, I think you’re screwed. A similar thing happended to a friend – they hadn’t decided what they wanted for BM bouquets, so when the florist emailed them a quote, the BM bouquets weren’t included. They had 10 BMs, so that was a HUGE chunk of money unaccounted for.

Post # 6
Member
3570 posts
Sugar bee
  • Wedding: September 2011

I think since there is still a lot of time leading up to your wedding, if you don’t pay it, you won’t have those centerpieces.

Post # 7
Member
11379 posts
Sugar Beekeeper
  • Wedding: April 2012

@sunangel08:  is there any way that you can go in and talk to her in person?  in this case, it’s better than email or phone.  it’s harder to say no to you in person.

if she does not agree to swallow the error, would you consider splitting the difference?  if that is still not in your budget, i would look at getting your deposit back and finding a new florist within your price range.

the florist has to be somewhat accountable for her error.  i think if you give her a few options of how the two of you can move forward, hopefully this will be resolved.

Post # 8
Member
926 posts
Busy bee
  • Wedding: September 2013

A contract is a written legal document.  Anything that doesn’t follow the contract is breach of contract.  You should not be held liable.  You could ultimately take it to a lawyer, but it might cost you more money and time than it’s worth.  I would try talking to her and see if she can give you a discount for what’s left since it was her fault to begin with and she should try to save her reputation as a florist.  That’s a fairly large mistake for a vendor in this line of work to make.

Post # 9
Member
3199 posts
Sugar bee
  • Wedding: October 2013

@sunangel08:  checked with my FI.

he says legally, you don’t really have a defense, because as he says “feeling that you were duped into signing a contract is not a defense of fraud”. the mathematics might be off, but because you did sign a contract for X number of centerpieces at X price (whether the math for the final total was wrong or not) its unlikely if you ever had to take this to court that you would win. i.e. if you tried to sue them for your already-paid money or to bring the cost down to the written total price, he doesn’t think you would win.

he doesn’t know about you getting your money back to choose another florist, because it depends on what your contract says.

Post # 10
Member
409 posts
Helper bee
  • Wedding: June 2014

It sucks, but I assume they have a statement in the contact that says the price could change based on the cost of flowers. That and the actual prices of the items were correct, it was just that the total was wrong. Maybe try and get them to split the difference?

Post # 11
Member
2788 posts
Sugar bee
  • Wedding: October 2013

@sunangel08:  You are only on the hooj for the amount your contract says you owe.  It’s not your fault or responsibility to ensure they make proper calculations.  The only scenarios I see where you are on the hook: the contract states each itemized thing  price per item. Or if the contract states prices not guaranteed or subject to change.

Post # 12
Member
856 posts
Busy bee
  • Wedding: December 2014

@sunangel08:  There’s probably nothing you can do because the numbers were all right in exception of the total. If some of the numbers were wrong resulting in an incorrect total on the contract then maybe you would have something.

I think, because this is the vendors fault (they should crossing all the t’s and dotting all the i’s, regardless, they are running a business) I’d try and work this out with them, maybe they’ll give you a % discount or give you longer to pay. Make it clear to them, that you chose to go with them, not only because you love the work they do, but you needed to be at the price point they provided from the get go, tell them that they have blown your budget with this error and you either need a full refund so you can go elsewhere, some sort of a discount or more time to pay them off.

Post # 13
Member
3084 posts
Sugar bee
  • Wedding: July 2014

@sunangel08:  my photographer messed up on the contract. He usually charges an extra $1500 for a holiday, but forgot to write it in our contract so he didn’t end up charging it to us because he didn’t put it in. We probably wouldn’t have booked him though if he did charge us the $1500. 

Post # 15
Member
232 posts
Helper bee
  • Wedding: April 2013

First piece of advice is don’t take legal advice from people on bridal message boards (including me)!  Second piece of advice is try to reach an agreement that you and the florist can both live with.  This is not something you’re going to litigate, especially if you still intend to use this florist, so it doesn’t really matter what the law says.  You both overlooked a factual error in the contract, but you still wish to use the florist’s services, so try to work it out.  The florist should not have to bear all the loss for a math error that both parties to the contract should have caught before signing.  But given that you may not have signed the contract if you were aware of the accurate total cost, perhaps the florist can be persuaded to accommodate you by taking some amount off the total, working out a payment plan, throwing in some extras, or whatever other creative options you and the florist can come up with.  Approach the florist with an open mind and a positive attitude, and hopefully that will help create some good will.  Good luck.

Post # 17
Member
546 posts
Busy bee
  • Wedding: September 2013

Talk to the florist first and see if you can come to an agreement that you’re both happy with. Without all the details assuming the florist hasn’t started producing anything since the wedding is so far off you should be able to get all your money back. All state laws are different but in NY no contract exists if there is no meeting of the minds but you would be required to pay a fair value for any goods or services received. If it was an honest mistake they should be willing to work with you, unless they intentionally did a bait and switch. 

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