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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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I am having some double glazing installed, which as not being

Resolved Question:

I am having some double glazing installed, which as not being started or processed as yet
which as being fastracked - do I have the right to cancel, without incurring a cancellation fee. ?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
did you agree cancellation rights?
Customer: replied 1 year ago.

No I did not agree cancellation rights

Expert:  Jo C. replied 1 year ago.
Ok.
Did you agree that time was of the essence?
Customer: replied 1 year ago.

No I did not agree that time was of the essence

Expert:  Jo C. replied 1 year ago.
In that case, you do not I'm afraid.
At least, they cannot charge you a fine for cancelling but you are locked into a contract and leaving would be unlawful and they are therefore entitled to the sum of their loss. If this is double glazing and the windows have already been made to your specifications or the work begun then that would probably be almost the sum of the contract.
A delay on their part might well amount to a breach of contract but if the contract doesn't say that time is of the essence then it doesn't amount to a material breach striking at the heart of the contract. Only that would allow you to cancel.
You can cancel for excessive delays but you need to give them warning first and the delays really do need to be endless and unacceptable and even then you take a risk.
Sorry but I can only give you truthful information.
Can I clarify anything for you?
Jo
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