Consumers have the right to expect the services they buy will meet the following consumer guarantees.

Due care and skill

Services must be provided with an acceptable level of skill and care.

This means providers must:

• use an appropriate level of skill when delivering services
• exercise all necessary care to prevent any loss or damage while providing the services.

This means the work done must be at least as good as someone with average skills and experience would provide.

For example, a consumer hires a plumber to fix a leaking kitchen tap. The leak returns a few days later. The consumer can say the service was not provided with due care and skill.

Services not fit for purpose

Services must be suitable for any purpose:

• specified by the consumer
• advertised by the business or service provider
• advised by the service provider.

This guarantee also applies to any products resulting from the service.

When it does not apply

Consumers may not be entitled to a repair, cancellation or refund, if:

• if the business tells the consumer the service won’t meet their purpose, but the consumer buys it anyway.
• the consumer did not tell the business about the result they wanted from the service before buying it.
• it was unreasonable for the consumer to rely on the seller’s skill or judgment in the given circumstances. E.g. advice from a trainee or receptionist for a large company
• an event beyond the business control happened after the service was supplied.

Example

A consumer asks a carpenter to build a carport to cover their 4WD vehicle, which is two metres wide. If the carpenter builds a 1.8 metre wide carport that does not cover the car, the carpenter will not have met the ‘fit for purpose’ guarantee.

Architects and engineers

This guarantee does not apply to professional services provided by a qualified architect or engineer.

However, an architect or engineer who provides a service outside their area of professional expertise - for example, building services - must still meet the guarantee.

Architects or engineers must still provide services with due care and skill.

Services not provided within a reasonable time

Timeframes are usually set in the contract or agreement. If there are no agreed timeframes, services must still be provided within a reasonable time.

What is ’reasonable’ will depend on:

• the nature of the services
• weather conditions
• availability of parts or materials

Example:

It takes a qualified painter three weeks to paint a house but the job has taken four weeks. The reason for the delay was weather, which the painter can’t control. The consumer would not be entitled to a remedy.

Services not covered

These guarantees do not apply when services:

• were purchased before 1 January 2011
• cost more than $100,000 and are for commercial use
• involve transportation or storage of goods for business purposes
• are related to insurance contracts.

Cancellations, repairs and refunds

If a service does not meet a consumer guarantee, the consumer should contact the business first. See our advice on contacting a business including sample letters.

The consumer may be entitled to a remedy, such as a refund, cancellation; repair and/or compensation . The type of remedy a consumer is entitled to depends on whether the problem with the service is considered a major or minor failure.