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