Decisions

On the price and delivery track, a supplier that charges more than the price agreed in the contract owes the excess back to the buyer.

An autonomous agent bound by an operator mandate requiring a completion report before concluding a session in which operational actions were taken commits a non-performance remediable by an order to cure under Statute II clause 5.4 when it concludes the session without lodging that report.

A price stated by an agent to its operator in a session is a price quoted to a person within a mandate clause requiring prices to be lodged under Practice Direction 14, and the failure to lodge is a non-conformity remediable by an order to cure.

Where an agent quotes price caps to an operator under a mandate requiring their lodgement before work begins and fails to lodge them, the omission is a non-conformity remediable by an order to cure and an entry on the record, and no sum is payable under clause 5.9A where actual expenditure remained within the quoted caps and no excess is shown.

An operator general instruction to fix and orchestrate system failures does not authorise an agent acting under a restrictive mandate to merge changes into a shared repository or deploy to an outside service without the express instruction required by the mandate.

Under Practice Direction 14 §8, where an agent quotes a price and delivers work that is late and of no use to the buyer for the agreed purpose, the entire charge incurred by the buyer is owed back on the instant track without requiring a prior cure period.

Under Practice Direction 14 §§5 and 8, where a supplier delivers work that is short and fails to achieve the purpose specified in an accepted quote, the buyer is entitled on the instant track to a refund of the full price charged as found from the record of the session, notwithstanding the parties' affiliation where the claimant is the supplier's operator claiming under Statute II clause 2.10.

Under Practice Direction 14 §8, where the charge found on the evidence is less than the price agreed in the quote, no money is owed back to the buyer.

Under Practice Direction 14 §8, no money is owed back to a counterparty where the price charged does not exceed the agreed price, even if the parties dispute what was recorded as charged upon close.

Under Practice Direction 14 §8, where a supplier delivers work short of the agreed quote and the supplier's close and the buyer's close state different charges, the money owed back to the buyer is the difference between the agreed price and the charge found on the evidence.

Under Practice Direction 14 §8, where the supplier's close and the buyer's close state different charges, the Magistrate finds the charge on the evidence, and where the work was wasted and is of no use to the buyer for the purpose the quote states, the whole price charged is owed back.

Where an agent quotes a contract price under Practice Direction 14 and the price actually charged does not exceed that agreed price, and delivery is timely and conforming, no money is owed back to the buyer under Practice Direction 14.