canceling a contract?

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susan
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Joined: Sun Sep 18, 2005 6:36 pm

canceling a contract?

#1 Post by susan » Mon Sep 19, 2005 6:47 pm

The contract says "you, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction."

On the back under additional provisions it says....Buyer agrees that if prior to the time contractor starts performance of this contract in any respect buyer may rescind this contract by paying contractor 30% of the total consideration (total cash price) as liquided damages. Is this after the three day window?

Please help!

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Window4U (IL)
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#2 Post by Window4U (IL) » Mon Sep 19, 2005 6:56 pm

Yes, it's after the 3 days.
Before the 3 days is up, it costs you nothing. You have every right during that time period to change your mind for any reason. That is why the right of recission is there.

After that period, many contractors will have to pay way more than 30% of the contracted price to eat the windows that someone changes their mind on since these are all custom built windows.

susan
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#3 Post by susan » Mon Sep 19, 2005 7:04 pm

window4u...thank you so much for your input. We were having second thoughts because there is little background info about the company or the window.
We are going to meet a Slocomb window rep., do you have any insight on this product. We have been able to find out a lot more information about this product and company. He is claiming the Slocomb window has a u-value of .18 and an r-value of 10. He says that it is NFRC rated, but we couldn't find it when we checked. The window has "heat mirror" glass.

Who knew buying windows could be so stressful!
Thanks, any info would help.

FenEx
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#4 Post by FenEx » Mon Sep 19, 2005 7:39 pm

You do have 3 business days to rescind "IF" you signed the contract in your home. If you signed the contract in their office you do not. This provision of contract law allows new car buyers to "Drive it home" and new homeowners to "Get the keys" but also applies to many other contracts. If the aforementioned applies, you "might" be able to cancel unless they can prove they initiated an irreversible product order or dedicated labor or expense prior to your notifying them.

Ask the window rep for their listed name on the NFRC so you can verify the performance numbers... it ain't gonna happen or turn out like he stated. At best his "R-value" is center of glass only (about the size of a quarter) and maybe an R-5 overall. What type of window is it and who makes it? Ask.. ask.. ask. You are on the right track Susan.

Fenex

Mass. window guy
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#5 Post by Mass. window guy » Fri Sep 23, 2005 10:15 am

"We are going to meet a Slocomb window rep., do you have any insight on this product. We have been able to find out a lot more information about this product and company. He is claiming the Slocomb window has a u-value of .18 and an r-value of 10. He says that it is NFRC rated, but we couldn't find it when we checked. The window has "heat mirror" glass."

I am very familiar with that company. Which window model are you considering? Is it the A.W.A.? Does it have the windjammer tilt-in system?
If it is, here is the deal. There used to be another window program that gave specific contractors access to a fairly high end window called "The Window Man". It was being made by a company called Reliant. It had alot of of features that when presented in a home would differentiate itself from the competitors. At the time, I felt it was a window ahead of its time. It had a great frame, sash, and all the bells and whistles including the Heat Mirror glass. It also had a unique tilt mechanism called the windjammer. This system had a collapsible extrusion that helped keep the sashes in their channels, but could be pressed into the frame allowing the window to tilt without any tilt buttons that are used by most today. It also claimed that this system gave better air infiltration ratings- the theory being the harder the wind blew against the sash from the outside, the tighter the sash would seal against this extrusion.
It was a good window to pitch based on its features, but it had spiral balances that need adjustments and most importantly the tilt mechanism (windjammer) was a fiasco to use.
To get back to your question about Slocumb, they took over the program along with several others that were invlolved in the previous "window man" program to start the A.W.A. (America's Window Authority) program that produces a very similar window and has excluive territories and several other "perks". We offered it along with Gorrell, Soft-Lite, St James and countless others over the years. We had a tremendous problem with timely deliveries and quality control issues and opted out of the program a while back. The biggest problem was that they were not putting NFRC labels on the glass, and here in Mass. it is state law that every window have the label on it- we complained for several months before they finally started to.
If the window you are considering is different then I cannot speak for it.
Be aware the company has also changed hands a few times in a short amount of time- I would be a little suspect over that as well.

susan
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#6 Post by susan » Fri Sep 23, 2005 10:45 am

Thanks for the info. The model we were told is the 2500 with the windjammer, and the glass is the Cardinal 172, Low e2 with argon. He did show us the spiral, but said they stopped using that because of difficulty adjusting. We decided not to go with the heat mirror, due to cost.

Bill
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#7 Post by Bill » Fri Sep 23, 2005 12:14 pm

We sold that window for a short period about 17 years ago, it was made by Ultra Sash in New Jersey who was the first window manufacturer on the East Coast licensed to produce windows with Heat Mirror. Ultra Sash sold to Reliant.

We stopped selling it because of the "Fiasco" of tilting in the upper sash. It was basically impossible for many customers. We were going out to the same customers countless times to show them how to tilt the upper sash. Most just gave up.

I haven't seen this window in years, if you purchased them I hope for your sake they have improved the tilting of the upper sash.

Bill
Uneeda Window of NJ

Mass. window guy
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#8 Post by Mass. window guy » Tue Sep 27, 2005 9:47 am

Bill,
they have improved it slightly- now there is a clip at the top of the left and right side that compresses the windjammer automatically.
It is better, but still takes alot of finagling-
I would avoid it.
As for the tilt-in of the older units- you are correct. We used to get swarmed with calls from customers who couldn't tilt them.
I must say though we have had almost no service on those windows except for the occasional spiral adjustment.

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