Crystal Windows & Doors Ltd

Investigation:
Crystal Windows & Doors Ltd
Contract identifier:
UTCCRContract-1
Country of complaint:
United Kingdom
Country of origin:
United Kingdom
Trading sector group:
London Borough of Havering
Trading Sector:
House Fittings and Appliances//Home maintenance and Improvements
Action taken by:
OFT
Local Authority:
London Borough of Havering
Legislation used:
Community Infringements Specified UK Laws//Unfair Contract Terms 1999
Regulation breached:
Unfair Contract Term
Notes:
 

Notes

Original term Application of regulations/Enforcer view How changed New term
3

Reg 7 Plain and intelligible language :

Regulation 7: Contained legal jargon and not expressed in plain language.

 Term redrafted in plainer language. 23
4

1(f)6a Supplier's right to cancel too great :

1(f): Gave supplier a discretionary and unfettered right to cancel the contract following survey. The consumer had no reciprocal right.

 Term allows consumer to cancel without penalty if site survey reveals unforeseen problems or extra costs. 7
5(i)

Reg 5 18(a) Allowing a supplier to impose unfair financial b :

Regulation 5: Term potentially imposed an unfair financial burden on the consumer by providing that the supplier would apply for any consents at the consumer's expense.

 deleted
5(ii)

1(f)6a Supplier's right to cancel too great :

1(f): Provided that if any revision of works led to an increased price and the consumer did not accept such increase within seven days, the supplier could cancel the contract.

 Consumer may cancel the contract without penalty in such circumstances. 7
6

1(n)14a Clauses disclaiming liability for employees statemen :

1(n): Unfairly provided that no variation to the agreement would be accepted unless it was signed by an authorised officer.

 Term moderated to state that consumer should ask for any changes to be agreed in writing. 1
7

1(k) Right to change what is supplied :

1(k): Gave supplier a potentially unfair right to alter what it supplied.

 deleted
11(ii)(b)

1(b)2b Exclusion of liability for poor service, or poor work :

1(b): Unfairly allowed the supplier to disclaim liability if one of its workers accidentally or negligently damaged the materials.

 deleted
11(ii)(c)

1(i) Binding consumers to hidden terms :

1(i): Referred to 'all usual maintenance requirements.' The consumer may not have been aware of these, so may have been bound to hidden terms.

 deleted
11(ii)(d)

1(n)14a Clauses disclaiming liability for employees statemen :

1(n): Potentially unfairly excluded liability for oral statements made by the supplier's personnel.

 deleted
12

1(b)2e Exclusion of consumer's right to set-off :

1(b) and 1(e): Unfairly denied the consumer a right to set-off and charged an unfairly high rate of interest on outstanding sums.

 Term no longer excludes right to set-off and does not refer to interest on outstanding sums. 8
16

Reg 7 Plain and intelligible language :

Regulation 7: Not expressed in plain language.

 deleted
17(iii)

1(b)2b Exclusion of liability for poor service, or poor work :

1(b): Unfairly allowed supplier to exclude liability for damage howsoever caused.

 Term narrowed in scope so as not to exclude liability for unreasonable damage. 17
19

Reg 7 Plain and intelligible language :

Regulation 7: Inadequate reference to consumer's statutory rights.

 Term revised so that it directs consumer to local authority Trading Standards Departments and Citizens' Advice Bureaux for further information about statutory rights. 12
20

Reg 7 Plain and intelligible language :

Regulation 7: Not drafted in plain language.

 Redrafted in plainer language 8
21

1(k) Right to change what is supplied :

1(k): Gave supplier a potentially unfair right to alter what is supplied.

 deleted

Outcome reached:
Informal Undertaking Obtained
Date effective:
30 January 2003
Received from:
 
Outcome text:
 
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