Can we cancel bathroom work?

Domnab

Hello, I would be very grateful if anyone has a definitive answer regarding cancellation of planned bathroom work.

In February we received a quotation for bathroom work after a the business in question visited our property. We received the quotation via email, and in March we accepted the quote, with a date booked for the beginning of July.

A week ago, an unforeseen situation arose which means that it is now impossible for us to go ahead with the work on that date. We contacted the business and explained, and asked whether the date could be moved to the end of July - beginning of August. Unfortunately they couldn't move to that date. The company has been quite hostile since we contacted them to reschedule so after several email contacts, we suggested cancellation as it seems the relationship has broken down. The business has now told us we can't as we've entered into a contract.

I understand we've inconvenienced them, and I'm not unaware that they are very busy. I think it is going to incredibly difficult for both parties in light of the hostility. I have looked at right to cancel consumer rules/laws but haven't managed to source a definitive answer to my question.

Do we have any rights to cancel the work at all? The business supplied no cancellation clause or mentioned any penalty for cancelling. All we have is an an email with a quote. A date and materials we need to purchase.

Thank you in anticipation,

pinkshoes

Does their website have any T&Cs about cancellation?

Were they supplying materials?

Domnab

Hello, no, I can't see any terms relating to cancellation. They were supplying adhesive and grout.

Domnab

I've just found this, looks like we have no right to cancel:

on-premises contracts. The Regulations define an 'on-premises contract' as: 'a contract which is neither off-premises nor a distance contract', which effectively means a contract made on business premises, whatever they may be
Traders who visit a consumer in his home and leave a quotation (or send one to them later), allowing him to decide and enter into a contract when he is ready to do so, will be entering into an 'on-premises contract'. This is because this transaction does not fall within the definition of an 'off-premises contract' unless the consumer agrees to the contract immediately after the trader has left their home, nor is it a 'distance contract'. This is important for many home improvements businesses that work in this way and will, therefore, fall under the requirements for on-premises contracts. This means that business selling in these circumstances only have to provide the information listed in this guide (rather than the larger list for off-premises contracts) and do not have to give cancellation rights. However, if your business uses this approach you must remember that you will be entering into off-premises contracts in those situations when you do agree a contract at the time that you visit your customer and agree a contract there and then.

unholyangel

What does the contract say with regards to period for performance or delays? (both for you delaying & if the company were to do it also - a contract shouldn't be unequally binding)

Was the date agreed at the time the contract was entered into or was the contract entered into then the date provided? Who picked the date? Does the contract state what the consequences would have been if you hadn't agreed to their requested date (if they picked the date)?

You say you're only looking to delay the performance so - strictly speaking - you're not cancelling. A dispute doesn't have to be hostile. If people can put their feelings aside that is.

Domnab

With regard to performance, it states turnaround 5 days. No mention of consequences of delays caused by us or them in the email.
We received the quote via email a day or so after he visited our property. We suggested early to mid July *after agreeing price. The company suggested 2nd July as a start date.


* edit

Domnab

This is the information supplied to us below the actual quote:

Price includes all labour​


Also included is all building materials e.g plumbing timber adhesives silicones grouts etc

Grout will be white wall grout and grey floor grout any other colour will be supplied by the customer

Tile trims are supplied in white only any other colour will be supplied @ cost of £6.99 per trim, and £14.99 chrome trim. Customer can supply trims

If heated towel rails are to be fitted it is the customers responsibility to supply the correct radiator valves

Carpet strips are the customers responsibility and will not be included in any quotes

Any picking up of materials etc not done by customer before commencement of job will be charged @ an hourly rate

Price is based on standard fitting of suite i.e c/c w/c w/h/b and pedestal , bath or shower tray, unless discussed at time of survey.

Any changes to original plan will incur charges

Skip, if supplied, will be removed on last day of job

No deposit or part payments.

Payment is required strictly on completion of job . Cheques are no longer accepted. Bank transfers accepted

Proof of bank transfer on day of completion will be required

All installations guaranteed for 6months, products carry manufactures guarantee.

No responsibility will be held for open boxes and missing parts on arrival

Furniture ie soap dish, w/c roll holder, mirror etc fitted @ £10 per item . unless stated on quote

Problems arising after 4weeks of completion may incur charges.

Normal working hours are Monday to Friday 8.30am – 5pm

Tiling is priced per metre for ceramic tiles, porcelain or natural stone is extra and will charged.

pinkshoes

As you are not cancelling and just moving the date, then why not just ask them which dates they CAN reschedule for?

Any good builder would be able to fill the week with another job, although this might mean you have to wait a while to get it fitted.

Domnab

My husband only suggested cancellation when it became obvious that the company were becoming increasingly hostile about moving the original date. It was then that he informed us we couldnt cancel. I wanted to clarify if that was actually the case.

Hedgehog99

I think you should name and shame them - I wouldn't want to be doing business with a company that behaved like that.

wealdroam

Domnab wrote: »

My husband only suggested cancellation when it became obvious that the company were becoming increasingly hostile about moving the original date. It was then that he informed us we couldnt cancel. I wanted to clarify if that was actually the case.

Yes you can cancel. No doubt about it.

However, there may well be a cost to you for this breach of contract - if indeed there is a contract in place.

Have you paid anything yet? A deposit perhaps?