Consumer Law - Buying Services

This section deals with buying services, for example from a dry cleaner or travel agent, car repairer or builder.

the law unfair contract terms safety

the law When you pay for a service - for example, from a dry cleaner, travel agent, car repairer, hairdresser or builder - you are entitled to certain standards. A service should be carried out:

with reasonable care and skill - a job should be done to a proper standard of workmanship. If you get a new extension to your house, the walls should not start to crack and the roof must not leak within a reasonable time - even if you have not actually agreed a definite completion time with the supplier of the service at a reasonable charge, if no price has been fixed in advance - if the price was fixed at the outset, or some other way of working out the charge was agreed, you cannot complain later that it is unreasonable. Always ask a trader how much a particular job will cost. The trader may only be able to make an informed guess at the cost and give you an estimate. If you agree a fixed cost it is usually called a quotation. A fixed price is binding whatever it is called

Where materials (such as bricks or wallpaper) are used in the provision of a service, or the service involves fitting goods (such as double-glazing or radiators), the materials and goods are covered by the same statutory rights as when you buy them directly. Whether you are buying goods or services, it could be worth checking, before you part with your money, whether the business or person providing the service is a member of a trade association. Membership does not guarantee satisfactory work, but if anything goes wrong, it could make it easier to get things put right. In some sectors trade associations are very active and have codes of practice. If a trader does adhere to a code of practice this may also benefit you if a problem arises. back to the top of the page.

unfair contract terms You are not bound by a standard term in a contract with a trader if it unfairly weights the contract against you. This applies particularly to exclusion clauses. But a new law means that, in contracts concluded since 1 July 1995, other kinds of unfair small print are also covered. Examples include:

penalty clauses and (except in special circumstances) terms which give the trader the right to vary the terms of the contract (for instance, by increasing the price) without you having the right to withdraw terms which try to stop you holding back any part of the price of goods or services if they turn out to be defective, or prevent you from withdrawing from the contract while allowing the trader to do so terms which allow the trader to dishonour promises, for instance, ones made by salesmen terms which try to stop you being able to go to court over a dispute

The new law applies to standard terms - those you have not negotiated yourself - in contracts for goods and services that you buy as a consumer. Terms that define what you get and how much you pay are not covered unless they are unclear. So the law cannot be used to argue that a contract does not represent fair value for money. It is for the courts to decide if a term is unfair. If you think a term is unfair and you do not wish to be bound by it, you may wish to seek advice from your local trading standards department or citizens advice bureau. You can also write to the Director General of Fair Trading. When he receives a complaint about a term, if he considers it unfair he can take action in court to stop its use in future contracts. He cannot, however, get involved with individual cases.

safety It is an offence for a supplier to sell goods unless they are safe. This applies to both new and secondhand products, but not to antiques or to goods needing repair or reconditioning, providing you were clearly informed of this fact. If you believe you have bought unsafe goods, you should contact the trading standards department of your local authority. Prompt action may help prevent accident or injury to other customers.