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Offer

September 15, 2010 | 25,00 EUR | answered by Steffan Schwerin

I sent my wife to the tile paradise to get a quote on tiles. The form says Quote-Order-Invoice. The type of porcelain tile was noted, as well as the note "exact quantity will be provided." Unfortunately, my wife signed in the middle of the form, but not in the designated spot. It was not checked on the form whether it is a quote-order-invoice. In my opinion, it is therefore a quote, although the seller claims it is an order.

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked taking into consideration the circumstances described and your input as follows:

It depends on whether a contract has been concluded, which statements have already been made.

A contract is formed by an offer and acceptance.

In this case, the offer lies in the appearance of the "Tile Paradise". The acceptance is made by the customer's signature.

So the question is what your wife signed.

If she signed the order, in other words, the offer from the other party, she accepted it and a contract was formed.

However, since the exact quantity was not yet determined, the contract is not complete as an essential part of the contract - the quantity of the goods - was not determined.

In conclusion, a contract has been formed, but the quantity of the goods still needs to be specified.

Until the quantity is specified, the contract is not valid and cannot be carried out.

I would like to point out that this platform cannot replace a detailed and personal legal consultation. The aim is solely to provide an initial rough assessment of your legal issue based on the information you have provided by a lawyer. The legal advice I provide is based solely on the information you have provided. Adding or omitting relevant information in your description of the situation can lead to a completely different legal assessment.

I hope I have given you a first overview and that my explanations have been helpful. You are welcome to contact me through the follow-up option on this platform.

Furthermore, I am available for legal representation. I would credit the initial consultation fee in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and phone, legal representation is still possible.

Best regards,

Steffan Schwerin
Lawyer

Law Office Steffan Schwerin
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Email: raschwerin@raschwerin.de
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