Consumer guarantee – services will be fit for purpose
Services must achieve the consumer’s stated purpose
You guarantee your services will be reasonably fit for any purpose specified by the consumer and that any products resulting from the services are also fit for that purpose.
A consumer asks a carpenter to build a carport to cover his 4WD vehicle, which is two metres wide. If the carpenter builds a 1.8m-wide carport that does not cover the car, the carpenter will not have met the ‘fit for purpose’ guarantee.
Services must be of sufficient quality to achieve desired results
As a supplier, you guarantee that services, and any resulting products, are of a standard expected to achieve the results that the consumer told you they wanted.
A consumer tells her eye surgeon that she wants to be able to drive without glasses. She is assessed as suitable for laser surgery and undergoes the procedure. If her vision does not meet the standard for driving without glasses, the surgeon will not have met the ‘fit for purpose’ guarantee.
When the consumer does not rely on you when choosing the services
This guarantee will not protect the consumer if they did not rely, or it was unreasonable for them to rely, on your skill or judgment when agreeing to particular services.
For example, it may not be reasonable for a consumer to rely on a receptionist in a large service company for advice about which service is suitable.
Are there any industries where this guarantee does not apply?
This guarantee does not apply to professional services provided by a qualified architect or engineer (continuing an exemption granted in previous laws).
However, an architect or engineer who provides a service outside their area of professional expertise—for example, building services—must still meet the guarantee.
Architects or engineers must provide services with due care and skill.
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