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Consumer RightsSession Two
Supply of Goods and Services Act 1982
This session will cover:1. The Supply of Goods and
Services Act 1982.
2. Sale of Goods Act 1979.
3. The Sale and Supply of Goods to Consumers Regulations 2002.
4. Consumer Protection from Unfair Trading Regulations 2008.
5. Where to get more help with consumer problems.
Supply of Goods and Services Act 1982This Act covers all work carried out by
people who provide a trade.
The law covers
services carried out in
the home or in other
premises.
Examples Builders
Hairdressers Dry CleanersMechanics
Supply of Goods and Services Act 1982
The work must be done:1. With reasonable skill and
care.2. Within a reasonable time
if no time limit was agreed with the customer earlier.
3. For a reasonable price (unless a price was agreed earlier).
Supply of Goods and Services Act 1982
Professional people
and trades people who
offer a service have a
duty of care to their
customers and their
property.
ExamplesDentists
Accountants
This Act also covers all work carried out by people who provide a professional service.
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.
What Does Reasonable
Mean?
The “average” service
provider’s
quality of work, skill and care.
ExampleA mechanic’s service shouldn’t be any
different to the “average” mechanic’s
service.
1. Reasonable Skill and Care
Example
Customers would expect to get a better
hair cut from an award winning hair
stylist than from a trainee hair stylist.
What is Reasonable Skill?
Supply of Goods and Services Act 1982
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.
Poor Skill and Care
Example
The time it would take the
“average” painter to
decorate a living room.
Within a reasonable time if no time limit
was agreed with the customer earlier.
Supply of Goods and Services Act 1982
2. Reasonable Time
ExampleUnreasonable TimeIf 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.
Supply of Goods and Services Act
1982
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
TipIf 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.
What the “average” service
provider would charge to do a
job.
What Does “Reasonable” Mean?
Example
Customers would expect to pay less for a
haircut from a trainee hair stylist than from
an award winning hair stylist.
3. Reasonable Price
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).
An estimate is a rough guess as to the work that needs doing and
the approximate cost.
Estimates and Quotes
Hairdressers
Price List
Wash, cut and blow dry £20
Cut & Colour £30
Fixed Price ListsSome
businesses use a fixed price
list for all their customers.
A clear agreement; and A detailed schedule of the work, timescales, drawings and costs needed.
Written Contracts in Building Work
To help avoid disputes it is a good idea for both customers and tradespersons to write:
There is no legal obligation to provide a written contract to a customer.
If goods or materials are provided as part of a service customers also have rights under the Sale of Goods Act.
Sale of Goods Act 1979
SeeConsumer Rights
Presentation in Session One
The Sale and Supply of Goods to Consumers Regulations 2002
A tradesperson or service provider must:1.Repair or replace any faulty goods, material
used as part of a service that a trades person or service provider has supplied.
2.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 Protectionfrom Unfair Trading Regulations 2008
It is a criminal
offence to make
false statements
about goods or the
provision of services.
Examples 1.Misdescribing the thickness
of asphalt used on a roof or drive.
2.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.
Consumer Protectionfrom Unfair Trading Regulations 2008
A false claim can be made verbally as well as on an invoice or advertisement.
Misleading Prices
• 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.
All prices for services must be clear and not misleading.
Learn more about your consumer rightsVisit www.consumercouncil.org.uk
Help with Consumer Problems
• Hairdressers
• Car Repairs
• Accountants
• Home Maintenance and Repairs
• General Advice on Goods and Services