Which consumer guarantees apply to services?

On this page:

• Who guarantees the service?
• What do they guarantee about the service?
• Due care and skill
• Fit for a particular purpose
• Reasonable time, if no time set

Who guarantees the service?

The guarantees are made by the person or business that is providing the service.

This means the service provider is responsible for fixing a problem when the service does not meet a consumer guarantee.

What do they guarantee about the service?

There are three consumer guarantees that apply to services. Service providers guarantee to provide services:

1. with due care and skill
2. which are fit for any purpose; and
3. within a reasonable time, when no time is set.

These are explained below.

Due care and skill

Service providers must carry out all services using an acceptable level of care and skill. Their work must be at least as good as what a competent person with average skills and experience would provide. They must also take reasonable steps to avoid loss or damage when providing the service.

A consumer hires a plumber to fix a leak in the bathroom. The next day, the same leak returns. The consumer can claim that the service was not provided with due care and skill.

Fit for a particular purpose

Services and any resulting products will be reasonably fit for any particular purpose specified.

This guarantee may not apply if it is unreasonable to rely on the service provider's skill or judgment, or if the provider tells you the service or resulting product will not meet your purpose.

A consumer hires a carpenter to build a unit that will fit their 50-inch plasma television. The finished product is too small. The consumer can claim that the service did not meet the purpose specified.

This guarantee does not apply to professional services provided by a qualified architect or engineer (but architects and engineers must still provide services with due care and skill).

Reasonable time, if no time set

A contract or agreement for the supply of services usually states when the services will be provided and the date they will be completed by.

If not, the supplier guarantees to supply the service within a reasonable time.

What is 'reasonable' will depend on the nature of the services and other relevant factors such as weather and availability of parts or supply of materials. 

A consumer hires a builder to replace some broken roof tiles. The consumer and the builder don't discuss the completion date. The builder starts the repairs but does not return for a month. The consumer can claim that the service has not been supplied within a reasonable time.However, if it was raining during that time the delay might be reasonable.