I had a company to come and give me a Quote from a Cat door in a window. He came, measured the window and told me it would cost CHF 350 build in.

They came 4 weeks later to do the work.

Now a while later I get a bill with the post..... CHF 783.94 (just abit more that 220% extra...)

But whats the law here - is a verbal deal - a deal or not?

Tnx
Kristian

As lots of people said in this forum... If its not written is not said

Or something like that

Hi Kristian,

Are you sure you heard the verbal quote correctly?

I recently had a cat-flap installed in a window and I got several quotes. All of them were between 700.- and 780.-

If you think about it, it's going to cost more than 350 when:

1) they have to come and measure the window
2) order the glass replacement
3) if you have double glazing, they have to build the glass cage and pump it full of argon gas
4) order the cat-flap
5) cut the glass and install cat-flap
6) they have to come back and install the new glass

Mine cost 700 and that was the cheapest I could find between Zug and Zurich.

Yeah, always ask for something written like an estimate.

Have you spoken to the person that gave you the quote and asked why the big difference?
Challenge him on it. Good Luck

I know that 350 would be a great price - but that was the price he gave me.
(my German is very good - so I did not misunderstand him ;-)

The Glass with the hole cost 220 - and the Flap I had to get myself.
so 130 for installing it - should be possible. (He was at us for one hour, on the bill 4,5 hours)

I got the number for the company from the people we rent from, so I have sent a mail to them - just asking if that is the "normal" way here.

Lets see what I get back from there.

if it was an end preis he cant go more than 10% over that, you need to phone him

A verbal contract isn't worth the paper it is written on...

I disagree. Verbal contracts in Swiss law embrace the spirit of Swiss law.

The point to discuss is his claimed working time -vs- the actually working time he needed, in my opinion.

It's a famous quote attributed to Samuel Goldwyn...

Also, you cannot possibly enforce a verbal quote unless you have witnesses or proof. All the other person has to do is deny the verbal quote and the burden of non existing proof lies with the claimant. Therefore verbal contracts are easily contested and won, regardless of the spirit of the law... To pursue remedy against a verbal contract is futile i.m.h.o unless there are witnesses or some other binding proof.

maybe in another country.

Maybe, maybe not. Some research will highlight either way, I put my money on it being the same as in other countries, Swiss contract law is not too different to German contract law. Common sense prevails in deciding what happens when there are only two people involved in one word against the other, and that is the burden of proof lies with the claimant, or, innocent until proven guilty etc.

Think of what would happen if you didn't have to prove your claim... The courts would be inundated with falseness and fraud. I could turn around and say that you owe me SFr5000 because I assisted you in the forum and that we had an verbal agreement on that basis. Where would you be if I didn't have to prove that ? A lot poorer...

You're paying for a personal service generally chargeable by the hour.
I once had a leccy who was already in the building doing something else for the Hauswart, pop down and fix a few lights.

Still had to pay for the use of his van as he needed to pop out to get some parts.

So although I didn't order him to come to me, as he was already there when I have him the work, I had to pay for benefiting from the fact his van and parts/spares were parked outside.

It's a bit like lawyers, do you really think no-one else pays for the hours you're paying them for?

Another example. The Cabelcom representative came about two weeks ago to our apartment and offered us digital phone as a complementary offer to existing TV plus interent contract. As we did not have any landline installed in our flat up until now, we liked it and my better half made further inquiries in this matter. They agreed to give us first month free of charge for all phone calls made during this period of time, so we seriously considered that option. Two days later he returned and we signed a contract as verbally promised. Our phone arrived two weeks later in our mail box and only after making the follow up phone call to the customer care. So we started making the phone calls all over like mad Common sense, I still suspected and waited where was a catch, as I knew that usually something is not on with such cool offers and for them to pay all our bills would be more of a miracle than true, but lets try anyway and see what happens. Yesterday we got a first surprise from Cablecom with itemised bill for CHF235. Today my better half phoned the customer care and they agreed to rectify this mistake on their side. In this case verbal agreement seemed to work in our favour but I do not wanna take chances in the future anymore. Better get it all put down black and white and then sign it!

Swiss contract law is exactly that - Swiss contract law.

It takes quite a lot before you actually go to a court here. But you know that, right? Or are you just fluent, as you proclaim in your profile, in bollocks?

Would the OP have a leg to stand on if he had recorded the conversation in which the offer was made ?

But of course it won't be you doing the research, will it lazy boy?

Actually, it's only 123% bigger but still outrageous

There you go, you've made the OP feel better already .

Yes verbal deal is a deal and if he indeed said that he will build the door for 350, then he should charge you 350. The law says: If the compensation is precicely stipulated in advance, the contractor is obligated to complete the work for this sum and may not claim an increase even if he had more labor or larger expenditures than had been foreseen ( art 373, Code of obligations).

If he said that hmm, maybe 350, maybe more, really depends on time and how difficult it is and cannot tell before he starts assembling it, like they usually do, then it's of course a different matter. Art 374 states that if a price has not been fixed in advance, or only in an approximate amount, it shall be determined pursuant to value of the labor and expenditures of the contractor.

In any case I would contact him and claim that you had a fixed price quoted. worth a try.