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Unfair term in contract

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  • Unfair term in contract

    Would a court regard a term in the contract "The customer cannot cancel the contract for any reason" as unfair?
    Does a replacement windows salesman have to inform the customer before the contract is signed that there isn't a cooling off period because the windows are made to measure?
    Tags: None

  • #2
    You really need to stick to the original thread -

    https://www.addleshawgoddard.com/glo...t-guidance.pdf

    https://www.fca.org.uk/firms/unfair-contract-terms

    https://www.gov.uk/government/public...ct-terms-cma37

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    • #3
      https://medium.com/adviser/can-consu...s-40950f345184

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      • #4
        Thanks echat11

        interesting reading. I didn't know the CRA 2015 existed. Reads as if the courts would regard it as an unfair term.

        Sounds as if the consumer doesn't have any cancellation rights due to made to measure windows there isn't any requirement for the salesman to tell the customer this fact, PCI only requires info on the cooling off period where there is one

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        • #5
          So have they found a 'brick' which matches your specification?
          I'm thinking out of the box, here, but maybe an expert on 'bricks' can help.
          You have to accept the 'bricks' even if they don't match.

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          • #6
            No, a lot more involved than that. Bricks are just a minor part. I might need to file a case in the small claims court. Insufficient skill and care when preparing the quote (section 50 CRA 2015), or misled when signing the contract (Misrepresentation Act 1967), or both

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