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Ask Ash Your Own Question

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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unusual quote request

Customer Question

few weeks ago i requested a quote for a marketing company for a client of mine . they showed me 3 proposals however the terms and condition mentioned that if a quote is not selected in 10 days I would need to pay them 10% of the project price regardless ( wasn't aware of this ). The terms also mentioned that person signing the terms should have full authority to sign this and make a decision (my decision was dependent on the clients decision and this was communicated to the company from the first step . They even sent me emails which explicitly/implicitly  state that my decision was dependent on the client .I raised this issue however i was told that it is just a fomality ( phone conversation )    . I  work as an independent contractor . first of all i need to know if i am liable to pay the 10% amount . Secondly i live in Newzeland and the company is based in UK . Is there anything they can do to enforce this ? 


There terms and condition also state that they will contact me through the details i provided them however then have sent a few emails directly to my client asking about the position . Violation of their own terms ? 


Does my client have any liability ? ( just making sure , i know there wont be any liability on them ) 


They do not have my correct legal name or other details except for a phone number and email address . As i treated the initial details as a quote request and wasnt really bothered about being precise . 




Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is there a term agreed about jurisdiction please?
JACUSTOMER-fq1f71vv- :

What do u mean which term ?

Alex Watts : Was a anything discussed about where the contract would be governed.
JACUSTOMER-fq1f71vv- :


JACUSTOMER-fq1f71vv- :

I think they are just trying to rip money off me

Alex Watts : Any terms signed ?
JACUSTOMER-fq1f71vv- :

Nope just the ones on site

Alex Watts : Ok. Does that say anything about jurisdiction?
JACUSTOMER-fq1f71vv- :

English courts

Alex Watts : Ok. Well you don't need to worry. They can't sue you because you live in NZ
Alex Watts : even if they got judgment here they coukd not enforce it.
Alex Watts : In reality they would have to issue proceedings there
Alex Watts : The cost if this woud be prohibitive.
Alex Watts : As such I would not worry as this is nothing more than hot air
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-fq1f71vv- :

What would be the costing involved if they sue me in nz ? Secondly they dont even have my adress or correct name ...its all good yea ?

Alex Watts : I can't say you know the system there. But over here the charges are £200 an hour or so.
Alex Watts : If they do not have your name or address they are stuffed.
Alex Watts : All good.
Alex Watts : Does this help?
JACUSTOMER-fq1f71vv- :

Yes all good mate

JACUSTOMER-fq1f71vv- :


Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help:
Alex Watts : Please remember to leave feedback before you go today.

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