Saturday, 23 June 2012

Sub Standard Work in the Supply of Goods & Services

Sub Standard Work in the Supply of Goods & Services

The Supply of Goods and Services Act 1982 provide consumers with an avenue to make a claim if the supply of goods and services is well below the reasonable standards required by this Act.
But first it is important to establish whether a contract exist between you as the consumer and the supplier of the goods or services.  It is necessary for the courts to see that some form of contract exists preferably a written contract, an oral contract may be considered or perhaps your contract is created through a previous course of dealings with the supplier.
Next is to work out the expressed terms of the contract are and any implied times. These can take the form of the following:

- To provide goods/service is an express term.
- Delivery by a specific date is an express term
- Payment for the goods/service is an express term

Terms can also be implied into a contract by the Act and can form part of the relevant terms.  These can include:

- Section 4 which implies terms about quality or fitness
Section 13 which implies terms about care and skill

When the terms of the contract have been established, you just need to work out which of these have been breached.  Once a breach has been established the consumer may have a stronger chance of seeking redress for the loss incurred as a result of the breach.

This published article may contain information of general interest about current legal issues, but does not give legal advice

No comments:

Post a Comment