Consumer Law, Warranties Dispute over verbal contract with HVAC contractor

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mking

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How binding is a verbal agreement in the State of Virginia? We recently agreed to have a new central ac unit installed as a result of storm damage to our old one. We gave verbal approval to a contractor to proceed; however after that, we were told the price was going to change to include a necessary component. We agreed to that as well, but nothing was ever presented in writing and there was no discussion of payment terms. The installation was rescheduled 3 times by the contractor and then on the last day they said they would come to our house, they indicated payment was due prior to the technician beginning his work. I told the company I did not agree with those terms and that I would pay within 7 days of completion, but not on the day of installation. I said to not send anyone to our house unless they accepted these terms. They sent a technician later that day that demanded payment before proceeding. I informed him I had not agreed to those terms, asked him what the penalty was for me sending him back to the shop and he said "nothing, they would just put the unit back in the warehouse". After he returned to the shop, I was informed by their office they would be charging me a 25% restocking fee of the entire job, including labor costs. I think the charge is fraudulent and exorbitant. It was never mentioned to us upfront. There was nothing presented in writing. And when I asked the technician if he came prepared with an invoice if I were to pay him, and he had nothing with him. There was no detail of equipment cost, materials, labor, etc. Are we liable for payment of this 25% restocking fee? Do we have any grounds on which to stand to deny this. We did agree to have the equipment installed, but not under those payment terms. This information was withheld from us until installation day. Please advise.

Thanks!
 
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