A member asked almost 8 years ago

Cancelling contracts and reimbursement

Hi. I recently went to an outdoor living and furniture store to purchase a pool and a pergola. Based on the pools that were on display, we made arrangements to have a representative come to our house for a measure and quote. The representative advised us that we could fit in a large sized pool and a pergola. A plan was provided to us, with a quote, and a work order was signed based on the information provided to us. The plan showed generally what appeared to be a grass area, including grass around the pool and between the pool and pergola. As the pergola was being installed it became clear that a distance of no more than 1 meter separated it from the pool. We are now seeking a partial credit. What are my rights?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. You should start by looking at the work order or contract that you signed when approving the plans and quote. Your rights and responsibilities in the event of a dispute will probably be clearly explained within a dispute resolution or cancellation policy section of the contract. You should follow the terms and conditions of this dispute policy to try to reach a resolution with the store about your problem. Contact the store directly to obtain further information about their procedures for handling customer complaints, specifically cancellation of orders.

If, after attempting to resolve the issue with the store, you are unable to reach an agreement that you are satisfied with, you may wish to take more formal measures. If your pool and pergola installation job is covered by certain construction legislation in the Northern Territory, you may be able to apply to have the dispute adjudicated by an independent third party. If this option is available to you, you would need to lodge a construction contract dispute within 90 days of the dispute arising with either your local Community Justice Centre (CJC) or the Construction Contracts Registrar of the Darwin Magistrates Court, if the value of your claim is over $10,000. An independent adjudicator is appointed to assess the dispute and reach a decision that is legally enforceable.

Suggested way forward

Contact the store to obtain more information about their dispute resolution policy. You may also want to speak to a lawyer who can review the terms of your contract and advise you of your legal rights and options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 8 years ago   Legal disclaimer

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