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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99930
Experience:  Lawyer
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27 days ago, my husband signed a contract with a door to door

Customer Question

27 days ago, my husband signed a contract with a door to door furnace representative. They were to come in a day or two for a complimentary cleaning, and receive a void cheque at that time. They neither came or called. I saw the representative the following week, and he acknowledged that they still needed to do that. Again we never heard from them until last week when they scheduled a cleaning for tomorrow.
We have decided that we don't want their service and would prefer to deal locally. When I called this afternoon to cancel the contract, I was informed that since we didn't cancel within 10 days, that we couldn't for a full year.
Since they did not hold up their end, by being here within the 10 days, can we cancel?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I don't understand the facts. If the cleaning is complimentary what do they expect you to pay for?
Customer: replied 2 years ago.
We are entitled to 2 free cleanings in a year.
They will automatically withdraw 19.99 a month from our account for maintenance & protection. On the page marked " Your rights under the consumer protection act, 2002" it states, " if the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his,her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30 day period is expired, you agree to accept delivery or authorize commencement of performance.
Expert:  Debra replied 2 years ago.
So will they be within the 30 days?And in any event their agreement was to do this in the next couple of days wasn't it?
Customer: replied 2 years ago.
My point is: we do not want to use their service. They had my husband sign a contract saying they would be back in a few days for the first cleaning, and at that time, they would collect a void cheque. They did not come to do the service before the 10 days was up, nor did they call to inform us that they would be coming at a later date....until it was past the 10 days. Now they claim that we are stuck in this contract for a minimum of 12 months because we did not cancel within the 10 days. Can they do this since they didn't complete their side by being here before the 10 days were up?
Expert:  Debra replied 2 years ago.
If they breached their contract with you then you can say they breached it and it is not you that has breached and that you are treating the contract as at an end. Tell them you are happy to have a court decide and they can sue you if they like but you are done with them and do not want to hear from them again.

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