E&OE

[c***@wmin.ac.uk]

The first time I ever saw "E&OE" mentioned was in an article on how to
buy bits to build your own computer. The advice was to avoid merchants
who claim E&OE as they can simply put whatever prices they like in
their advertisements and then deny them later if they wish. Leafing
through the magazin, I couldn't help but notice that ALL mail-order
businesses in the magazine included E&OE in the fine print.

Now from reading through uk.legal and uk.legal.moderated, it looks like
E&OE in the terms and conditions of websites makes it possible for
firms to cancel contracts at any time.

From a common sense point of view, I can see some need for E&OE. E.g.

if someone's website says plasma TVs for 4 pounds 25 p, then someone
who orders 1000 shouldn't get them. But, it seems like E&OE is some
magical formula by which all consumer rights just vanish, and the
seller can do what they like with impunity.

Surely there are some legal restrictions on exactly how far E&OE can
go?

Cheers,

Ross-c

[tim (moved to sweden)]

Post by c***@wmin.ac.uk
The first time I ever saw "E&OE" mentioned was in an article on how to
buy bits to build your own computer. The advice was to avoid merchants
who claim E&OE as they can simply put whatever prices they like in
their advertisements and then deny them later if they wish. Leafing
through the magazin, I couldn't help but notice that ALL mail-order
businesses in the magazine included E&OE in the fine print.
Now from reading through uk.legal and uk.legal.moderated, it looks like
E&OE in the terms and conditions of websites makes it possible for
firms to cancel contracts at any time.

From a common sense point of view, I can see some need for E&OE. E.g.

if someone's website says plasma TVs for 4 pounds 25 p, then someone
who orders 1000 shouldn't get them. But, it seems like E&OE is some
magical formula by which all consumer rights just vanish, and the
seller can do what they like with impunity.
Surely there are some legal restrictions on exactly how far E&OE can
go?

It's a mechanism that helps them to avoid a prosecution
for misleading advertising.

The company always have a right to deny you the purchase
at the stated price, whatever the ad says.

tim

[Fred]

Post by tim (moved to sweden)

Post by c***@wmin.ac.uk
The first time I ever saw "E&OE" mentioned was in an article on how to
buy bits to build your own computer. The advice was to avoid merchants
who claim E&OE as they can simply put whatever prices they like in
their advertisements and then deny them later if they wish. Leafing
through the magazin, I couldn't help but notice that ALL mail-order
businesses in the magazine included E&OE in the fine print.
Now from reading through uk.legal and uk.legal.moderated, it looks like
E&OE in the terms and conditions of websites makes it possible for
firms to cancel contracts at any time.

From a common sense point of view, I can see some need for E&OE. E.g.

if someone's website says plasma TVs for 4 pounds 25 p, then someone
who orders 1000 shouldn't get them. But, it seems like E&OE is some
magical formula by which all consumer rights just vanish, and the
seller can do what they like with impunity.
Surely there are some legal restrictions on exactly how far E&OE can
go?

It's a mechanism that helps them to avoid a prosecution
for misleading advertising.
The company always have a right to deny you the purchase
at the stated price, whatever the ad says.
tim

I thought they already had that right?

I believed it was where an "obvious" and "genuine" mistake had been made.

[Bruno]

Please enlighten me...................

What E&OE mean?

[Fred]

Post by Bruno
Please enlighten me...................
What E&OE mean?

Errors and Omissions Excepted

[PeterG]

On Mon, 18 Jul 2005 22:40:05 +0100, Bruno scribbled by his own authority...

Post by Bruno
Please enlighten me...................
What E&OE mean?

Errors and Omissions Excepted.

[RB News]

Post by Bruno
Please enlighten me...................
What E&OE mean?

"Errors & Omissions Excepted"

Rog

[Gary]

Post by Bruno
Please enlighten me...................
What E&OE mean?

IIRC it means Errors & Omissions Excepted. I.e. We think these details and
prices are correct, but if they're not... Tough.

IANAL.

[c***@wmin.ac.uk]

Yes, but what happens if you make the purchase online, your card is
debited at the claimed price, etc. Does E&OE allow the company to then
refuse the sale after money has changed hands, and refund your money?
If so, then E&OE invalidates a large chunk of consumer rights and
significantly weakens (destroys really) any contract formed.

Cheers,

Ross-c

[Mike]

Post by c***@wmin.ac.uk
Yes, but what happens if you make the purchase online, your card is
debited at the claimed price, etc. Does E&OE allow the company to then
refuse the sale after money has changed hands, and refund your money?
If so, then E&OE invalidates a large chunk of consumer rights and
significantly weakens (destroys really) any contract formed.

AIUI, E&OE covers such things as mistakes in invoicing where an amount has
been agreed but an item is omitted, or the amount wrongly entered, on the
invoice - the error doesn't override the prior agreement. I doubt it could
be applied to "invitations to treat" (advertisements).

[Goromoff]

Post by c***@wmin.ac.uk
Yes, but what happens if you make the purchase online, your card is
debited at the claimed price, etc. Does E&OE allow the company to then
refuse the sale after money has changed hands, and refund your money?
If so, then E&OE invalidates a large chunk of consumer rights and
significantly weakens (destroys really) any contract formed.
Cheers,
Ross-c

when I were a young pup, just starting out in the wide world of industry
and commerce, I was taught that E&OE, which was then found only on
invoices, was merely to enable corrections to me made on invoices, as may
be necessary on audit. This term is one that has grown and developed over
hundreds of years of commerce, not one recently invented to enable
unscrupulous merchants to wriggle out of contracts.

It was always brought into use after a contract or sale had been completed,
when the invoice was raised, any argument or discrepancy in detail of
supply being settled by other means.

In my modest view, based on experience only, E&OE is not to be used as a
magic wand to evade contracts, to negate any laws, to wriggle out of
agreements, merely to enable the correction of genuine errors.

[equinox]

In article <***@individual.net>, tim_in_sweden2005
@yahoo.co.uk says...

Post by tim (moved to sweden)

Post by c***@wmin.ac.uk
The first time I ever saw "E&OE" mentioned was in an article on how to
buy bits to build your own computer. The advice was to avoid merchants
who claim E&OE as they can simply put whatever prices they like in
their advertisements and then deny them later if they wish. Leafing
through the magazin, I couldn't help but notice that ALL mail-order
businesses in the magazine included E&OE in the fine print.
Now from reading through uk.legal and uk.legal.moderated, it looks like
E&OE in the terms and conditions of websites makes it possible for
firms to cancel contracts at any time.

From a common sense point of view, I can see some need for E&OE. E.g.

if someone's website says plasma TVs for 4 pounds 25 p, then someone
who orders 1000 shouldn't get them. But, it seems like E&OE is some
magical formula by which all consumer rights just vanish, and the
seller can do what they like with impunity.
Surely there are some legal restrictions on exactly how far E&OE can
go?

It's a mechanism that helps them to avoid a prosecution
for misleading advertising.
The company always have a right to deny you the purchase
at the stated price, whatever the ad says.
tim

That rather depends on the circumstances. Its like saying you always
have the right to return anything within 7 days under the Distance
Selling Regulations (which you don't).

For those who are thinking of sending a post to say that's misleading
too - that's the point.

Eq.