[Adam P]

i've got a conditions of sale that is printed on back of quotation sheet which the customer signs. there is 2 parts of it which I'm unsure how useful they are and if not perhaps worth taking out.

first is...

"We will not be liable for any damage or loss due to theft, fire or malicious damage to any goods whilst in our possession."

second is...

"We cannot accept responsibility for carpet shrinkage, stretching or seam separation, which can occur as a result of poor installation, manufacturers failure to pre-shrink fabric or for damage or defects existing prior to Commencement of work, or for any defects or conditions which may appear during or resulting from normal cleaning procedures."

will either of these hold up in court if they do happen? may thought with keeping them in if they don't is they may show a lack of confidence in my work.

thanks

[Mike Halliday]

"We will not be liable for any damage or loss due to theft, fire or malicious damage to any goods whilst in our possession."....... no chance of getting  away with this

"We cannot accept responsibility for carpet shrinkage, stretching or seam separation, which can occur as a result of poor installation......... totally reasonable, this is OK

manufacturers failure to pre-shrink fabric ........ no chance, do manufacturers do this? and never mention shrinkage it will scare the customers

any defects or conditions which may appear during or resulting from normal cleaning procedures."...... are you saying they are there already there but are more apparent after cleaning? this is a bit of a grey area

[vince viola]

On a slightly different note,at the bottom of my invoice is the wording: 2 working days cancellation notice is needed or you will be charged the minimum call out fee of £55.
Does anyone else do this or does anyone know if this can be retrieved through small claims court?
Am asking because I have a customer who has been an absolute pain and would love to hit him in the pocket.

[JandS]

Cancellation fee?
Do people actually pay this because I would have thought
it unenforceable.
It would also put me off using you.
Have had 3 this year and one of them was yesterday, she
text me the day before to cancel because she couldn't afford
and it was only stair carpet @ £35.
One other was the same , a minimum payment job.
The other was a woman who had gone into labour a week
early, would have looked well trying to make her pay the
cancellation fee.

John

[vince viola]

Never tried to enforce cancellation fee but if it is on your booking invoice was wondering if it could be done.I contacted citizens advice pretending to be the customer and they seemed to say it should be paid.
To be clear about this,if someone had a good reason for cancelling(going into labour)I wouldn't dream of even asking for it.This particular chap is a turnip and seems to think who cares you're only a carpet cleaner.

[Paul Heath]

All this opens a whole can of worms. Surely in the interst of customer relations how can you charge a cancellation fee???
If you make this part of you terms, then could you be liable for compensation if you don't turn up?

[Dave_Lee]

I looked into this some years ago, I don't know if things have changed since, I don't think so. Basically the customer is covered by statutory rights, so disclaimers as such are not worth the print, if they decide to pursue you through the courts. However a disclaimer could put the unaware customer off from claiming from you.
You have a duty of care which covers a whole load of stuff from the job being carried out to health and safety of the customer, visitors and yourself and employees.
As far as charging a cancellation fee. You are only entitled to loss of profit if the customer cancels without reasonable notice.
Dave.

[JandS]

Cancels twice without good reason and re books
then I don't turn up.

John

[Neil Williams]

Services bought in a doorstep sale
Doorstep selling is when you buy something from someone face-to-face but away from trade premises, for example, at home or from a salesperson at your workplace. If you buy something from a doorstep sale, as well as the usual rights you have when you buy from a shop, you also have the right to a seven-day 'cooling off' period. To have this right, the goods or service you buy must cost over £35. It does not matter whether or not you invited the salesperson into your home.

The cooling off period gives you seven days in which you can change your mind and cancel your order, without having to pay anything. The sales person must tell you that you have this right, in writing, when you place your order. If they don't, you can cancel your order at any time and get your money back - even if this is after seven days. If a trader doesn't tell you about your right to cancel an order made in a doorstep sale, you should complain to Consumer Direct - see under the heading Further help.

If you asked in writing for the services to be carried out before the end of the cooling off period, you will normally have to pay a reasonable amount for them, according to the contract. This is the case even if you later cancel the contract during the cooling off period.

If a trader comes to your home and then ignores your request to leave, they may be committing a criminal offence. This also applies if they come back or contact you by phone or email when you've asked them not to. You should report these traders to Consumer Direct - see under the heading Further help for details.

In England and Wales, for more information about your rights to cancel an agreement made in a doorstep sale, see Buying on the doorstep in Consumer Fact Sheets.

Even if you don't have the right to cancel your order, or want to cancel after seven days, the trader may still agree to cancel it. However, they would be entitled to charge a cancellation fee, or to keep your deposit.

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_services_your_rights.htm#services_bought_in_a_doorstep_sale

[Doctor Carpet (Ret'd)]

Ask yourself this.

Would you be seriously p****d off if you were charged a cancellation fee because you'd had to cancel something at short notice. If you would be then it's just simpler to go with the flow and not charge your customers the fee. If you did cancel something and you weren't penalised for it and therefore felt pleased/relieved then that is the way you should treat your own customers/clients. Live and let live.

On a separate note. how often have you had a cancellation only to be relieved that you've got some spare time to do something else or, as has happened to me on numerous occasions, following the cancellation at short notice you have then booked an urgent/emergency(and usually highly profitable) job in the gap in your diary?

As you would be anything but out of pocket would it be at all fair to charge a cancellation fee to the original job when you are now in profit as a result of that cancellation?

Rog