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Guarantees for services

Services must be provided with reasonable care and skill

This generally means that any work done for you must be at least as good as the work of a competent person with average skills and experience in the type of work required.

Services must fit for the purpose

After you have told the service provider what service you want from them, and they accept the job, they must make sure you get what you want.

Example: if you let the hairdresser know that you want your hair dyed a particular colour and they agree to do it, they must give you hair of that colour.

However, there may be situations where it would not be appropriate to rely on discussions with a supplier.

Example:  it may not be reasonable to expect a receptionist in a large service company to know enough about the services to be able to say the service will do what you want.

You may not be able to rely on this guarantee or the guarantee of reasonable care and skill if you insist on a service which the service provider informs you will not be fit for your purpose.

Example: you ask the drycleaner to try to remove an old stain from a jacket. The cleaner tells you that the stain can not come out without taking colour out of the jacket. You insist on the work being carried out.

The dry-cleaner must take reasonable care and skill but may not be responsible if the jacket colour is changed, as you had been told this could happen. If the dry-cleaner causes another problem such as the buttons melting, the cleaner may be held responsible for that problem.

 

Services must be provided within a reasonable time

Where you and the service provider have not agreed on a time when the job must be finished, the service provider must complete the job within a reasonable time. "Reasonable" time will be judged on the time it takes a competent person who works in that type of job to complete the task.

Reasonable price

If a price for the work has not been discussed with the service provider, you do not have to pay a price which is unreasonable in the circumstances.

Example: you hire a plumber to repair a leaking tap. The price was not discussed because you were in a hurry. You have had plumbing work done before so you were expecting the bill to be approximately $45. You are very surprised when a bill arrives for $120. You find out that plumbers normally charge $55 for this type of job so you only have to pay $55.

 

See the Publications section for a PDF version of this information in leaflet form, or order a copy online.

Last updated 8 June 2010