National Association of The Remodeling Industry: Standards of Practice Manual and Code of Ethics
National Association of The Remodeling Industry: Standards of Practice Manual and Code of Ethics
National Association of The Remodeling Industry: Standards of Practice Manual and Code of Ethics
Introduction 2
Section I: Advertising
A. Product Description, Performance Specification, Cost/Benefit Analysis 3
B. Competitive Pricing & Savings Claim 8
C. Representation of Seller 11
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STANDARDS OF PRACTICE
SECTION I: ADVERTISING
The standards in this section pertain to the means by which members obtain customers,
including, but not limited to, the use of advertising in print and broadcast media, direct
mail advertisements, telephone solicitations, and door-to-door canvassing.
A. PRODUCT DESCRIPTION, PERFORMANCE SPECIFICATION, AND
COST/BENEFIT ANALYSIS
1. Layout and composition. These standards apply to both visual and oral
presentations.
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material will be of particular types when such is not the case. The quality
sold must be the quality delivered or installed.
3. Size and Specifications
a. General Requirements. When a price is quoted the advertisement shall:
(1) State the size and specifications of the product or area featured,
and in units of measurement and terms customarily used in the
industry, provided that such statements are clearly and readily
understood by potential customers;
(2) Not contain any ambiguous statements such as "large door,"
"section," "front," etc., unless accompanied by actual
measurements;
(3) Disclose any conditions and restrictions where the featured size,
price specifications, and terms are available.
(4) State clearly and conspicuously any limitations and conditions on
what will be supplied at the featured price in immediate conjunction
with the featured statement. The absence of any such limitations
and conditions shall mean that the finished item will be built or
supplied at the advertised price.
b. Insulation and Insulating Products. Advertising and sales of insulation
and insulating products is governed by the FTC rule 16 CFR Part 460
Labeling and Advertising of Home insulation: Trade Regulation Rule as
modified. The latest revision of this rule will be effective November 28,
2005. The current revision of this rule can be found on the web at
http://www.ftc.gov/bcp/rulemaking/rvalue/16cfr460.htm . If any part of the
Remodelers business involves home insulation in any way familiarity with
the above rule is a must.
c. Kitchens. When a price is quoted the advertisement shall state clearly
and conspicuously:
(1) The size of the kitchen;
(2) The items included in the price and their composition (birch
cabinets, vinyl tile, etc.);
(3) The dimensions of total cabinetry length, when cabinets are
included, as the total wall length covered and not as a total of upper
and base cabinet lengths.
d. Roofing. When a price is quoted the advertisement shall state clearly and
conspicuously:
(1) The size of the roof in square measure, and not the base of the
house;
(2) The type of roof (flat, pitched, etc.);
(3) The type of shingles;
(4) If flashing, valleys, and removal of existing roof are not included.
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e. Siding.
(1) When a price is quoted, the advertisement shall state clearly and
conspicuously:
(a) The size of the structure and the area in square measure to
which the price applies (e.g., "1-story home, 1 ,200 sq. ft. @
$___");
(b) The type of siding (vinyl, aluminum, steel, etc.) and the finish
(painted, vinyl clad, PVC laminated, etc.);
(c) If eaves, soffits, fascia, backerboard, breather-foil, door and
window casings, etc., are not included.
(2) All statements regarding any insulating properties or energy
savings shall comply with previous subsection.
4. "Bait 'n Switch" Advertising and Selling. A bait offer is an alluring but
insincere offer to sell a product or service which the seller does not intend to sell.
Its purpose is to switch customers from buying the advertised product or service
in order to sell something else, usually at higher price or on a basis more
advantageous to the seller.
a. No written or oral presentation shall be made unless it is a bona fide offer
to sell the offered product or service.
b. A representation shall not be such as to tend to create a false impression
about the product or service being offered in order to lay the foundation for
a later switch to other more expensive products or services, or products of
lesser quality at the same price.
c. Subsequent full disclosure by the seller of all other facts about a
represented product or service does not preclude the existence of a bait
scheme.
d. A seller should not use nor permit the use of the following bait scheme
practices:
(1) Refusal to show or demonstrate the represented products or to
undertake the represented services;
(2) Disparagement of the offered product or service, warranty availability,
parts availability, credit terms, etc.;
(3) Selling the offered products or services and afterwards dissuading
the customers into making a switch to other products or services;
(4) Refusal to take orders for the offered product or service or to
deliver within a reasonable period of time;
(5) Demonstrating or showing a defective sample of the offered
product or service;
(6) A compensation plan designed to penalize salespersons who sell
the advertised product or service.
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Concern for public confidence and believability in advertising has led many
advertisers and consumers to condemn the use of any superlative. While factual
superlative claims may be used only if substantiated by the advertiser or seller, it
is recommended that self-discipline be employed in their use.
9. Warranties (or Guarantees).
a. The unqualified term "warranty" (or "guarantee") shall not be used in
advertising or selling.
b. When the term "warranty" (or "guarantee") is used in oral or written
representations, the following disclosures shall be made clearly and
conspicuously:
(1) The nature and extent of the warranty, including what materials,
services, workmanship, or characteristics are warranted or
excluded, its duration, and what must be done by the customer
before the warrantor will fulfill the obligation;
(2) The manner in which the advertiser will perform under the warranty,
such as repair, replacement, refund of initial purchase price, refund
of replacement cost, etc. If either the advertiser or the customer has
an option as to what may satisfy the warranty, this shall be clearly
disclosed; and
(3) The warrantor's identity, to avoid confusion as to whether a
supplier, manufacturer, or the advertiser is the warrantor.
c. Warranties providing for adjustments on a pro-rata basis shall clearly
disclose how such adjustments will be pro-rated (e.g., the time that a
material has been used and how the warrantor will perform). If
adjustments are based on a price other than that paid by the purchaser,
clear disclosure must be made of the amount.
d. If lifetime or similar warranties relate to any life other than that of the
purchaser or original user, the life to which the warranty refers must be
clearly disclosed.
e. The manner in which a warranty is used frequently constitutes
representation of material fact, e.g., "warranted to reduce heating bills
30% or we pay the difference" or "warranted to not blister, crack or peel
for fifty years." In such cases, the warrantor not only undertakes to
perform ("pay the difference" or "repair, replace or refund") under the
warranty's terms and conditions, but also assumes responsibility for the
truth of the claim that is implicitly made, i.e., that heating bills will be
reduced by 30% or that product will not blister, crack, or peel for fifty
years.
10. Testimonials and Endorsements.
a. In general, a representation which uses testimonials or endorsements is
likely to mislead or deceive if:
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(1) It is not genuine and does not actually represent the current opinion
of the endorser;
(2) It is not quoted in its entirety, altering its overall meaning and
impact;
(3) It contains representations or statements which would be otherwise
misleading if used in advertising;
(4) While literally true, it creates deceptive implications;
(5) The endorser is not competent or sufficiently qualified to express an
opinion concerning the quality of the product or service being
advertised or the results likely to be achieved by its use;
(6) It is not clearly stated that the endorser, if associated with some
well known and highly regarded institution, is speaking only in a
personal capacity and not on behalf of such institution if such be
the case;
(7) Broad claims are made as to endorsements or approval by
indefinitely large or vague groups such as "the homeowners of
America";
(8) An endorser has a pecuniary interest in the company whose
product or service is endorsed and this is not disclosed.
b. Advertisers should consult Federal Trade Commission Guides on
Testimonials and Endorsements for further detailed guidance as to the
legal implications involved.
c. The advertising of any NARI award must contain the year, the
geographical location, and the category in which the award was won.
B. COMPETITIVE PRICING & SAVINGS CLAIMS -ACTUAL COST
DISCLOSURE.
1. Competitive Price and Savings Claims.
For the purpose of this standard, sellers' offerings are considered to be of two
types:
• those which include workmanship as a factor in the construction, application,
or installation work, and
• those where a specific product is offered and workmanship is not a factor.
In those instances where workmanship is a factor in a remodeling offer, any
comparative price or savings claim must be based solely on the seller's own
former selling price and under conditions set forth in section A here. Since
workmanship and other factors differ among remodelers and jobs, and are
difficult to compare objectively, no comparative price or savings claim shall be
used which is based on the prices charged by others. In the advertising of
specific products where workmanship is not a necessary factor, a comparative
price or savings claim may be used, but only under the conditions set forth here.
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In all representations, the advertiser or seller must make clear to which of the
following comparative price or savings claim relates:
a. The Seller's Own Former Selling Price. When an advertiser offers a
reduction from his own selling price, the former price shall be the actual
price at which the advertiser has currently been offering the product or
service immediately preceding the sale, on a regular basis, and for a
reasonably substantial period of time.
b. Current Price of Identical Products Sold by Others
Any comparison to the price at which identical products are currently
selling elsewhere in the market area shall not exceed the price at which
substantial sales of such products are made by representative sellers in
the market area. Such comparisons shall be substantiated by the
advertiser immediately prior to any representations.
c. Current Price of Comparable Products Sold by Others
Any comparison to the price at which comparable products are currently
selling elsewhere in the market area shall not exceed the price at which
substantial sales of such products are made by representative sellers in
the market area. Such comparisons shall be substantiated by the
advertiser immediately prior to any representations. In all such cases, the
comparable products must be similar in all significant respects and of at
least like grade and quality.
d. List Prices
"List price," "manufacturer's list price," "suggested retail price," and similar
terms have been used deceptively to state or imply a saving which was
not, in fact, the case. A list price may be advertised as a comparative to
the sales price only to the extent that the list price is the actual selling
price of representative sellers in the market area where the savings claim
is made.
e. "Factory," "wholesaler" "wholesale prices," etc.
The terms "factory to you," "wholesaler," "wholesale prices," etc., have
been the subject of great abuse in advertising. They imply a significant
saving from the actual price at which identical products are currently being
offered by representative sellers in the market area, or, where identical
products are not being offered, from comparable values in the market
area. Such terms should not be used unless the implied savings can be
substantiated and the use of such terms meets all of the requirements
here.
(1) The terms "factory to you," "direct from the manufacturer," "factory
outlet," etc., shall not be used unless all advertised products are
actually manufactured by the seller or in factories of common
ownership or control.
(2) The terms "wholesaler," "wholesale outlet," "distributor," etc., shall
not be used unless the seller actually owns and operates or directly
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b. "No Credit Rejected." The words "no credit rejected" or words of similar
import shall not be used unless credit will be extended to any buyer
regardless of credit worthiness or financial ability to pay.
4. Installation and Other Charges.
a. Installation Charges
(1) If an offered item includes the cost of installation, the offer shall
clearly and conspicuously disclose that fact in immediate
conjunction therewith; e.g., "Price Includes Installation," "Including
Installation," etc.
(2) If installation is extra, the offer shall clearly and conspicuously
disclose that fact in immediate conjunction therewith; e.g.,
"Installation Extra," "Plus Installation," etc.
(3) If installation is optional, the advertisement shall clearly and
conspicuously indicate whether there is a charge for installation;
e.g., "Installation Optional at Extra Cost," "'Install Yourself, Or We
Can for Nominal Charge," etc.
(4) Abbreviations such as "Inst. Opt," "Opt. Inst.," etc., shall not
be used.
(4) If there is a minimum installation charge, the minimum charge shall
be stated, e.g., "Minimum Installation Charge: $_____."
b. Accessories and Extra Charges.
If the represented price of a remodeling project or product does not
include all the accessories which appear in the offer or are necessary for
the proper installation and use (such as hardware, panels, frames, etc.),
such fact(s) shall be clearly and conspicuously disclosed. Extra charges
for service, travel, installation, etc., shall not be used as a device to
disguise the actual selling price of remodeling projects or services.
c. Delivery Charges.
If an extra charge is required to make delivery of an advertised product or
service, it shall be clearly and conspicuously disclosed in any offer.
C. REPRESENTATION OF SELLER
1. Identification, Age, and Volume of Business.
a. All written representations shall state the company's name or trade style,
and the address of its actual place of business.
b. Any representations about a remodeling industry member's years of
experience shall be based upon the actual number of years engaged in
the industry by the company (or proprietor), not on the years of experience
of its employees.
c. Any statement regarding the volume of business, size of the organization,
or number of outlets shall not be an exaggeration of the current facts.
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2. Trade Style.
A company name or trade style shall not be misleading as to the nature or scope
of its business activities (e.g., "ABC Millworks, Inc." when the company does not
do any millwork, or "XYZ Window Mfg. Corp." when the company does not
fabricate windows).
3. "Insured," "Bonded," "Licensed."
a. An advertiser shall not use the terms "bonded" or "insured" in any
representations unless there is a clear and conspicuous disclosure of the
type of bond or insurance, who is covered by the bond or insurance, and
the protection, if any, provided to the customer.
b. An advertiser shall not use the term “licensed” unless it has been granted
a license by the relevant licensing authority, and disclosure is made for
what and by whom the license is granted.
4. "FHA Approved," "Government Affiliated," "UL Approved," etc.
a. No advertising claim or sales representation shall be made which states or
implies that a remodeling contractor or the products offered are in any way
approved, certified, recommended, or accepted by a government agency
unless in fact the agency issued to the seller an approval, certification, etc.
b. No advertising claim or sales representation shall be made which states or
implies that a product or service meets or complies with a government
agency standard or specification unless such is the fact.
c. No company representative or salesperson shall state or imply that his
company is government affiliated.
d. Underwriter Laboratories
(1) The expression "Approved by Underwriter Laboratories, Inc." or "UL
Approved" shall not be used.
(2) When a material or product has in fact been listed or classified by
Underwriter Laboratories, Inc., and reference is made to that effect,
the recommended statements are:
(a) "Classified by UL with respect to [nature of hazard] only."
(b) "Listed by Underwriter Laboratories, Inc."
(c) "Listed under the Follow-up Service of Underwriter
Laboratories, Inc."
5. Telephone Solicitations.
Any telephone solicitation shall, at the outset of each call, provide his or her
name, the name of the person or entity on whose behalf the call is being made,
and a telephone number or address at which that person or entity may be
contacted.
Telemarketers are required to transmit or display their phone number and, if
available, their name or the name and phone number of the company for which
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they are selling products. The display must include a phone number that can be
called during regular business hours to ask to be removed from the call list.
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