Cancellation of Work Regulations
The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008.
The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008. These regulations came into force on 1 October 2008. They apply only to domestic roofing work by way of repair, refurbishment or improvement which is ordered on an unsolicited visit.
This note is a general guide provided to members for guidance. Readers must take legal advice in relation to their individual situations.
1. The regulations give a client the right to cancel work and materials ordered during a roofer’s unsolicited visit at the client’s home, at the client’s place of work or at another’s home.
The client must be given notice that he/she has the right to cancel during a cooling off period.
2. Agreements made by word of mouth for work are just as binding as contracts made in writing or by email.
The regulations also apply to work agreed during a visit requested by the client following the roofer’s unsolicited phone call or following an earlier unsolicited visit.
The regulations apply to work agreed during a visit to the client requested by the client after an unsolicited telephone recommendation made on behalf of the roofer.
The regulations do not apply to work for business clients or to new building.
The regulations apply to repair refurbishment or improvement of a property and to extensions, patios, conservatories or driveways.
The regulations do not apply to emergency work.
The regulations do not apply to agreements concluded after a visit to the client’s home. An example would be when a written quotation is posted by the roofer and the client’s acceptance is signed and posted by the client to the roofer.
DO’S and DO NOT’S
DO’S
Preferably post or leave a written quotation after a visit to the client’s home. The client then reads, signs for acceptance and posts the quotation back.
If the client signs and hands over a signed quotation at his/her home, hand to the client the written notice of cancellation rights.
If the client wants work to start before the cooling off period ends, get a written request from the client to start work.
Reimburse any deposit or advance payment paid if the client cancels during the cancellation period.
Preferably post or leave a written quotation after a visit to the client’s home. The client then reads, signs for acceptance and posts the quotation back.
If the client signs and hands over a signed quotation at his/her home, hand to the client the written notice of cancellation rights.
If the client wants work to start before the cooling off period ends, get a written request from the client to start work.
Reimburse any deposit or advance payment paid if the client cancels during the cancellation period
Do Not’s
Do not ignore these regulations; they will be enforced against “cowboys”. There are penalties against companies and individuals in the event of breaches.
Do not refuse emergency work. Emergency work is not affected.
Never begin work before the end of the seven day cooling off period without a written request by the client to do so. The client can always cancel during the cooling off period, even if he/she has asked for the work to start and the work has started.
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