Consumer Rights Session Two Supply of Goods and Services Act 1982
This session will cover: • The Supply of Goods and Services Act 1982. • Sale of Goods Act 1979. • The Sale and Supply of Goods to Consumers Regulations 2002. • Consumer Protection from Unfair Trading Regulations 2008. • Where to get more help with consumer problems.
Supply of Goods and Services Act 1982 This Act covers all work carried out by people who provide a trade. Examples Builders Hairdressers Dry Cleaners Mechanics The law covers services carried out in the home or in other premises.
Supply of Goods and Services Act 1982 The work must be done: • With reasonable skill and care. • Within a reasonable time if no time limit was agreed with the customer earlier. • For a reasonable price (unless a price was agreed earlier).
Supply of Goods and Services Act 1982 This Act also covers all work carried out by people who provide a professional service. Examples Dentists Accountants Professional people and trades people who offer a service have a duty of care to their customers and their property.
Question What should a trades person do if they carry out shoddy work? Answer Fix the work at no extra cost. If this fails, a customer can ask another trades person to fix the work and then claim the costs back from the original trades person.
1. Reasonable Skill and Care What Does Reasonable Mean? The “average” service provider’s quality of work, skill and care. Example A mechanic’s service shouldn’t be any different to the “average” mechanic’s service.
Supply of Goods and Services Act 1982 What is Reasonable Skill? Example Customers would expect to get a better hair cut from an award winning hair stylist than from a trainee hair stylist.
Poor Skill and Care Example If a hairdresser accidentally spills bleach on a customer’s top and ruins it they would have pay compensation / replace the top. Example If a plumber fitted a water tank and it leaked causing a ceiling to collapse they would have to pay the repair bill.
Supply of Goods and Services Act 1982 Within a reasonable time if no time limit was agreed with the customer earlier. Example The time it would take the “average” painter to decorate a living room.
Supply of Goods and Services Act 1982 2. Reasonable Time Example Unreasonable Time If an accountant tells a customer that they will send their tax returns on time to the Inland Revenue and they send them a month too late. If a service is not completed within an agreed deadline, the contract is broken and a customer can claim compensation for any losses.
Providing a service to customers Tip If a work schedule needs to change, make sure that it is agreed in writing along with any cost/time plans. If a time was not agreed with the customer they are legally entitled to have the work done in a "reasonable" time.
3. Reasonable Price What Does “Reasonable” Mean? What the “average” service provider would charge to do a job. Example Customers would expect to pay less for a haircut from a trainee hair stylist than from an award winning hair stylist.
Estimates and Quotes An estimate is a rough guess as to the work that needs doing and the approximate cost. A quote is a fixed price. If a service provider goes over this price, the customer may not be under an obligation to pay extra (unless additional work that could not be reasonably foreseen is necessary).
Fixed Price Lists Hairdressers Price List Wash, cut and blow dry £20 Cut & Colour £30 Some businesses use a fixed price list for all their customers.
Written Contracts in Building Work To help avoid disputes it is a good idea for both customers and tradespersons to write: • A clear agreement; and • A detailed schedule of the work, timescales, drawings and costs needed. There is no legal obligation to provide a written contract to a customer.
Sale of Goods Act 1979 If goods or materials are provided as part of a service customers also have rights under the Sale of Goods Act. See Consumer Rights Presentation in Session One
The Sale and Supply of Goods to Consumers Regulations 2002 • A tradesperson or service provider must: • Repair or replace any faulty goods, material used as part of a service that a trades person or service provider has supplied. • Not 'significantly inconvenience' the customer, for example, taking too long to carry out a repair or to provide a replacement. If a repair or replacement not possible, unreasonable, or 'disproportionate', then the customer may be able to claim a partial or full refund, depending on the circumstances.
Consumer Protection from Unfair Trading Regulations 2008 It is a criminal offence to make false statements about goods or the provision of services.
Consumer Protection from Unfair Trading Regulations 2008 • Examples • Misdescribing the thickness of asphalt used on a roof or drive. • Telling customers that: • A sink has been plumbed in when it hasn't; or • Services comply with a British Standard when they don't, eg ISO 9000. • 3. Giving a false or inaccurate name or address for a business. A false claim can be made verbally as well as on an invoice or advertisement.
Misleading Prices All prices for services must be clear and not misleading. • Prices should say if VAT is included. • Call-out charges must be made clear before a customer agrees to having work done. • Call-out charges must also say if this applies to parts of an hour and when it will apply. The charge must then be worked out exactly.
Learn more about your consumer rights Visit www.consumercouncil.org.uk
Help with Consumer Problems • Hairdressers • Car Repairs • Accountants • Home Maintenance and Repairs • General Advice on Goods and Services