Preparing a quote belongs to marketing and acquisition and therefore to the everyday routine of many businesses and service providers. Many freelancers also write quotes for their companies. By doing this, you secure your orders and therefore also your income. A professional approach should be top priority.
You have more legal certainty if your quote is submitted to your customers in written form. You have proof that all sides have agreed, unlike with a verbal agreement. Generally, a quote should cover all the facts, services, and costs relevant to your business. This is also important because the offer is the basis of the final purchase contract between you and the buyer. The contract is completed as soon as a customer receives your quote, places an order, and you issue a confirmation of the order.
If the buyer has accepted the offer, it is legally binding – both parties (buyer and seller) can refer to the agreement stipulated in the quote. Offer and acceptance constitute two declarations of intent, which are concluded after both parties agree to the contract.
In exceptional circumstances, a quote can lose its legal binding (e.g. if the order arrives late or differs from what the customer ordered). You should always check the final version to make sure it’s correct – especially the prices as well as the delivery information.
You can, however, label certain parts of the quote as non-binding through exemption clauses (e.g. by using phrases such as 'while stocks last', 'prices are subject to change', and 'no guarantee'). Some courts, however, have labelled these exemption causes as anti-competitive or non-effective in certain contexts. Therefore, it is advisable to only use them if this isn’t the case.