Cool­ing off breach costs tree lop­per

Wanneroo Times - - News -

A CON­NOLLY tree lop­per has been fined $6000 and or­dered to pay $887 in costs for breach­ing his cus­tomers’ con­sumer rights to a cool­ing off pe­riod.

Mitchell Craig Gris­brook, trad­ing as Elite Trees, pleaded guilty to four charges of fail­ing to com­ply with laws re­lated to un­so­licited con­sumer agree­ments in­volv­ing two home­own­ers.

In Jan­uary 2017, Elite Trees pro­vided the owner of a South Fre­man­tle home with a quote of $1150 to prune a tree. The quote was im­me­di­ately ac­cepted by the owner.

Elite Trees failed to in­form the con­sumer of her right to can­cel the con­tract dur­ing the cool­ing off pe­riod and then de­liv­ered ser­vices be­fore the cool­ing off pe­riod had ex­pired.

The full pay­ment was de­ducted from the owner’s credit card ac­count and while some work was car­ried out, the job was not com­pleted nor did the owner re­ceive com­pen­sa­tion.

In July 2017, Elite Trees gave a quote of $2145 to a Cottes­loe home­owner for the re­moval and stump grind­ing of trees.

The quote was ver­bally ac­cepted by the owner and pay­ment for the full amount was im­me­di­ately de­ducted from the owner’s credit card, but the con­sumer was not given any doc­u­men­ta­tion or re­ceipts.

The trees were re­moved on the same day but the stump grind­ing was never car­ried out as agreed.

Elite Trees failed to in­form the con­sumer of his right to can­cel the con­tract dur­ing the cool­ing off pe­riod and also de­liv­ered ser­vices be­fore the cool­ing off pe­riod had ex­pired.

Un­der Aus­tralian Con­sumer Law, an in­vi­ta­tion to quote does not con­sti­tute an in­vi­ta­tion to carry out the work.

Traders have to pro­vide cus­tomers with in­for­ma­tion on the 10 busi­ness day cool­ing off pe­riod and how they can can­cel the con­tract dur­ing this time.

No work should be car­ried out or money taken un­til the cool­ing off pe­riod has ex­pired.

Newspapers in English

Newspapers from Australia

© PressReader. All rights reserved.