If a service fails to meet a consumer guarantee, you may be entitled to a remedy—either fixing the problem with the services, a refund or compensation for any drop in value from the original price paid—depending on the circumstances.
You may not be entitled to a remedy if you:
simply change your mind
discover you can buy the services more cheaply elsewhere (unless the seller guarantees that the service cannot be purchased more cheaply elsewhere)
are unhappy with a service that you insisted on having carried out in a particular way
did not make clear what service you wanted and what you wanted it to achieve
did not rely upon, or unreasonably relied upon, the seller's skill or judgment when choosing a service.
You are not entitled to claim against a seller where the failure to meet a consumer guarantee is due to:
something someone else said or did, unless it was their agent or employee
an event that was beyond the service provider's control (for example bad weather or delays in delivery).
Can I choose the remedy I want?
The law makes an important distinction between minor failures to comply with the consumer guarantees and major failures. The remedy you are entitled to depends on whether the problem is:
a major failure, or
a minor failure.
You may also be able to claim for compensation for 'reasonably foreseeable' costs caused by a problem with the service or the goods provided with the service. This is usually financial costs but can include other costs, such as lost time or productivity.
For more information, see Claiming compensation for consequential loss - there is a link at the bottom of this page.
Minor failures with services
Minor failures to comply with a consumer guarantee can normally be fixed or resolved in a reasonable amount of time. In this case, the service provider can choose to fix the problem, resupply the services, offer you a refund, or provide compensation for any drop in value from the original price paid.
This must be provided free of charge and within a reasonable time depending on the circumstances.
If the seller service provider refuses to fix the problem or takes too long, you may be able to get it fixed by someone else and recover the costs.
Major failures with services
When there is a major failure with a service, you can choose to:
cancel the contract and pay a reasonable amount for the work done, or seek a refund for money already paid
keep the contract and negotiate a reduced price for the drop in value of the service—this may mean asking for some of your money back if you have already paid.
There is a major failure with a service when:
you would not have engaged the service if you had known the nature and extent of the problem.
For example, you would not have paid to have your shoes resoled if you had known the sole would come off after the first wear.
the service does not meet the reasonable expectations for that type of service, and the problem cannot be rectified within a reasonable time.
For example, a carpet-cleaning service damages your carpet by leaving large water marks.
you told the supplier that you wanted the service for a specific purpose, which was not fulfilled, and the problem could not be easily rectified within a reasonable time.
For example, you tell a pay TV company that you want to watch the Olympics. You sign up to a 24-month contract but the Olympics are over by the time the service is installed.
you told the supplier that you wanted a specific result, yet the service and end result failed to meet your specifications and could not be easily rectified within a reasonable time.
For example, you arrange for custom-made blinds to be installed, which when fitted are too small. It will take three months to re-fit the blinds.
the supply of the service has created an unsafe situation.
For example, an electrician incorrectly wires wall sockets in your new kitchen, which makes the electrical outlets unsafe.
Who has to fix a problem with a 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.
For information about what they guarantee, see Which consumer guarantees apply to services.
Consequential loss is the cost to you caused by a problem with goods or services. You may have a right to claim compensation from a supplier or service provider for losses that resulted from a failure to meet a consumer guarantee.
