Double glazing fitter trying to charge for cancelled work

Manxman_in_exile

Welcome back

unholyangel said:

 ... If the contract doesn't set the price for the window, there is a contract for the transfer of goods but not a contract for sale of goods...

I'm not sure I understand what you mean by "if the contract doesn't set the price for the window", and why that's relevant to whether it's a contract for the transfer of goods, or for the sale of goods?

Isn't a transfer of goods a contract where the consumer provides consideration otherwise than by paying a price?  (eg barter or payment in kind etc etc).

I might very well be wrong as I'd never come across the idea of a contract for the transfer of goods until you mentioned it!    

At least I presume it's what's defined in s8 and that s28 only applies to sales contracts?   Consumer Rights Act 2015 (legislation.gov.uk)

unholyangel

Manxman_in_exile said:

Welcome back

unholyangel said:

 ... If the contract doesn't set the price for the window, there is a contract for the transfer of goods but not a contract for sale of goods...

I'm not sure I understand what you mean by "if the contract doesn't set the price for the window", and why that's relevant to whether it's a contract for the transfer of goods, or for the sale of goods?

Isn't a transfer of goods a contract where the consumer provides consideration otherwise than by paying a price?  (eg barter or payment in kind etc etc).

I might very well be wrong as I'd never come across the idea of a contract for the transfer of goods until you mentioned it!    

At least I presume it's what's defined in s8 and that s28 only applies to sales contracts?   Consumer Rights Act 2015 (legislation.gov.uk)

Thank you, I have been reading now and again but very occasionally. 

s5 sets out its a sales contract if the consumer pays or agrees to pay the price (for the goods). See the very last paragraph of the explanatory notes for s3-s8. Where it says it will be a transfer of goods if no monetary value assigned (to the goods) or it is a mixed contract where the goods aren't sufficiently central to the contract to be a sales contract. 

Yes s28 only applies to sales contracts as per s28(1). 

It is a technical point tbh. But a potentially relevant one in the circumstances. As OP wouldn't have to give repeat performance. 

I'm not clear on exactly what was asked for or agreed upon. Replacing a full window on it's own due to misting seems like overkill unless the frame was damaged. I suppose it depends whether they approached someone who offers window fitting and repairs versus approaching someone who sells double glazing. Kind of like going to a car dealer with a broken down car will probably result in them trying to sell a new car rather than patching the old one. 

the_lunatic_is_in_my_head

unholyangel said:

Manxman_in_exile said:

Welcome back

unholyangel said:

 ... If the contract doesn't set the price for the window, there is a contract for the transfer of goods but not a contract for sale of goods...

I'm not sure I understand what you mean by "if the contract doesn't set the price for the window", and why that's relevant to whether it's a contract for the transfer of goods, or for the sale of goods?

Isn't a transfer of goods a contract where the consumer provides consideration otherwise than by paying a price?  (eg barter or payment in kind etc etc).

I might very well be wrong as I'd never come across the idea of a contract for the transfer of goods until you mentioned it!    

At least I presume it's what's defined in s8 and that s28 only applies to sales contracts?   Consumer Rights Act 2015 (legislation.gov.uk)

Thank you, I have been reading now and again but very occasionally. 

s5 sets out its a sales contract if the consumer pays or agrees to pay the price (for the goods). See the very last paragraph of the explanatory notes for s3-s8. Where it says it will be a transfer of goods if no monetary value assigned (to the goods) or it is a mixed contract where the goods aren't sufficiently central to the contract to be a sales contract. 

Yes s28 only applies to sales contracts as per s28(1). 

It is a technical point tbh. But a potentially relevant one in the circumstances. As OP wouldn't have to give repeat performance. 

I'm not clear on exactly what was asked for or agreed upon. Replacing a full window on it's own due to misting seems like overkill unless the frame was damaged. I suppose it depends whether they approached someone who offers window fitting and repairs versus approaching someone who sells double glazing. Kind of like going to a car dealer with a broken down car will probably result in them trying to sell a new car rather than patching the old one. 

I assumed the OP just paid for the glass rather than a new window including the frame.  

So you are saying the date of supply was taken to be included as part of the terms (as it was said or written) as per section 50 and section 54 paragraph 4 allows the consumer to seek a price reduction because the transfer of goods doesn't relate to the service?

https://www.legislation.gov.uk/ukpga/2015/15/section/54

If the trader is in breach of a term that section 50 requires to be treated as included in the contract but that does not relate to the service, the consumer has the right to a price reduction (see section 56 for provisions about that right and when it is available).

unholyangel

the_lunatic_is_in_my_head said:

unholyangel said:

Manxman_in_exile said:

Welcome back

unholyangel said:

 ... If the contract doesn't set the price for the window, there is a contract for the transfer of goods but not a contract for sale of goods...

I'm not sure I understand what you mean by "if the contract doesn't set the price for the window", and why that's relevant to whether it's a contract for the transfer of goods, or for the sale of goods?

Isn't a transfer of goods a contract where the consumer provides consideration otherwise than by paying a price?  (eg barter or payment in kind etc etc).

I might very well be wrong as I'd never come across the idea of a contract for the transfer of goods until you mentioned it!    

At least I presume it's what's defined in s8 and that s28 only applies to sales contracts?   Consumer Rights Act 2015 (legislation.gov.uk)

Thank you, I have been reading now and again but very occasionally. 

s5 sets out its a sales contract if the consumer pays or agrees to pay the price (for the goods). See the very last paragraph of the explanatory notes for s3-s8. Where it says it will be a transfer of goods if no monetary value assigned (to the goods) or it is a mixed contract where the goods aren't sufficiently central to the contract to be a sales contract. 

Yes s28 only applies to sales contracts as per s28(1). 

It is a technical point tbh. But a potentially relevant one in the circumstances. As OP wouldn't have to give repeat performance. 

I'm not clear on exactly what was asked for or agreed upon. Replacing a full window on it's own due to misting seems like overkill unless the frame was damaged. I suppose it depends whether they approached someone who offers window fitting and repairs versus approaching someone who sells double glazing. Kind of like going to a car dealer with a broken down car will probably result in them trying to sell a new car rather than patching the old one. 

I assumed the OP just paid for the glass rather than a new window including the frame.  

So you are saying the date of supply was taken to be included as part of the terms (as it was said or written) as per section 50 and section 54 paragraph 4 allows the consumer to seek a price reduction because the transfer of goods doesn't relate to the service?

https://www.legislation.gov.uk/ukpga/2015/15/section/54

If the trader is in breach of a term that section 50 requires to be treated as included in the contract but that does not relate to the service, the consumer has the right to a price reduction (see section 56 for provisions about that right and when it is available).

No not that one. 

This one:
(5) If the trader is in breach of what the contract requires under section 52 (performance within a reasonable time), the consumer has the right to a price reduction (see section 56 for provisions about that right and when it is available).

So it is a question of reasonable time, taking account of all relevant circumstances.

I initially thought glass pane too. Was only around 3 pages in I considered if it was the full unit.