GuaranteesOnRecord

All subjects

Services guarantees

31 established claims - 21 refused by the grounding gate

Documented position12

What the body that runs or defines the thing says in its own documentation.

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The ACCC states that, in relation to services guarantees, a service provider's work must be at least as good as what a competent service provider with average skills and experience would provide.

other
1 quote from 1 source
Their work must be at least as good as what a competent service provider with average skills and experience would provide.
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Australian Consumer Law section 61(1) provides a guarantee that services acquired for a particular purpose made known to the supplier will be reasonably fit for that purpose.

other
2 quotes from 1 source
61 Guarantees as to fitness for a particular purpose etc.
there is a guarantee that the services, and any product resulting from the services, will be reasonably fit for that purpose.
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Australian Consumer Law section 63 excludes the services guarantees from applying to a contract of insurance.

other
3 quotes from 1 source
63 Services to which this Subdivision does not apply
This Subdivision does not apply to services that are, or are to be, supplied under:
(b) a contract of insurance.
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Australian Consumer Law section 267(2) does not give the supplier the right to require a remedy for a services failure.

other
3 quotes from 1 source
267 Action against suppliers of services
If the failure to comply with the guarantee can be remedied and is not a major failure:
(a) the consumer may require the supplier to remedy the failure within a reasonable time; or
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Australian Consumer Law section 267(3) lets a consumer terminate the services contract where the failure cannot be remedied or is a major failure.

other
4 quotes from 1 source
267 Action against suppliers of services
If the failure to comply with the guarantee cannot be remedied or is a major failure, the consumer may:
(a) terminate the contract for the supply of the services; or
(b) by action against the supplier, recover compensation for any reduction in the value of the services below the price paid or payable by the consumer for the services.
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Australian Consumer Law section 268(1)(e) makes a services failure a major failure where the supply of the services creates an unsafe situation.

other
2 quotes from 1 source
268 When a failure to comply with a guarantee is a major failure
(e) the supply of the services creates an unsafe situation.
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Australian Consumer Law section 63(2) was inserted as a response to the High Court's decision in Wallis v Downard-Pickford (North Queensland) Pty Ltd.

medium confidenceother
2 quotes from 1 source
63 Services to which this Subdivision does not apply
Note: This subsection was inserted as a response to the decision of the High Court of Australia in Wallis v Downard ‑ Pickford (North Queensland) Pty Ltd [1994] HCA 17.
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Consumer Affairs Victoria states that for services not done with due care and skill a problem must be major or unable to be fixed before the consumer can ask the business for a refund.

other
1 quote from 1 source
A problem must be major or unable to be fixed before the consumer can ask the business for a refund.
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  • Consumer Affairs Victoria states that what is a reasonable time for supplying a service depends on the nature of the services.
  • Consumer Affairs Victoria gives building a house against lopping a tree as its comparison.
other
1 quote from 1 source
What is 'reasonable' will depend on the nature of the services. For example, the time needed to build a house will be longer than the time required to lop a tree.

Measured finding4

Something someone actually measured, with the method attached.

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The Productivity Commission found that consumer guarantees…

  • are reasonably comprehensive.
  • generally work well.
  • should be improved.
  • should be improved by expanding options for enforcement to help individual consumers resolve their claims.
other
2 quotes from 1 source
These guarantees are reasonably comprehensive and generally work well, but they should be improved by:
expanding options for ensuring compliance with, and enforcement of, the guarantees to assist individual consumers to resolve their claims and for the Australian Competition and Consumer Commission to address systemic breaches of consumer guarantees

Changed on2

A dated change. This is where advice quietly stops being true.

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The Treasury Laws Amendment (2020 Measures No. 6) Act 2020 added a subsection to Australian Consumer Law section 268.

other
4 quotes from 1 source
38 At the end of section 268 of Schedule 2
(2) A failure to comply with a guarantee referred to in section 267(1)(b) that applies to a supply of services is also a major failure if:
(b) the services would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of those failures, taken as a whole.
The amendments made by Part 1 of Schedule 4 to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020 apply in relation to a services supplied under a contract entered into on or after the day that that Part commences.
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Products and services bought before 1 January 2011 are not covered by the current Australian Consumer Law.

other
1 quote from 1 source
Products and services bought before 1 January 2011 aren't covered by the current Australian Consumer Law.

Disputed between sources4

Sources that do not agree, presented without picking a winner.

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  • LegalVision describes consumer guarantees as warranties.
  • The ACCC describes warranties as voluntary promises that are additional to consumer guarantees.
other
3 quotes from 2 sources
Consumer guarantees are warranties that all consumers can rely on when making a purchase.
Warranties are voluntary and are additional to consumer guarantees
Warranties can't replace, change or take away a consumer's basic rights.
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  • Regarding services guarantees, LegalVision says the service supplier chooses the remedy for a minor service fault.
  • Regarding services guarantees, Consumer Affairs Victoria says the consumer can require the business to fix the problem within a reasonable time.
other
2 quotes from 2 sources
If a fault is considered a 'minor' fault, the service supplier can choose to either:
The consumer can require the business to fix the problem within a reasonable time.

Repeated, with no primary source in reach9

Widely repeated in the field. Within the documents this sweep read, it traces only to other repetitions - which is a fact about our reading as well as about the idea, until each one has been searched for on its own.

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Sprintlaw asserts, regarding services guarantees, that the customer…

  • can cancel and get a refund for the unused portion of a services contract.
  • may claim compensation for loss or damage.
other
1 quote from 1 source
with services, the customer can cancel and get a refund for the unused portion (and may claim compensation for loss or damage).
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Sprintlaw asserts about services guarantees that…

  • it is unlawful to display or enforce a blanket 'No Refunds' policy.
  • nothing can limit or exclude Australian Consumer Law rights for faulty goods or services.
other
1 quote from 1 source
It's unlawful to display or enforce a blanket "No Refunds" policy. You can set reasonable conditions for change-of-mind returns, but nothing can limit or exclude ACL rights for faulty goods or services.
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LegalVision asserts that consumer guarantees are warranties that all consumers can rely on when making a purchase.

other
1 quote from 1 source
Consumer guarantees are warranties that all consumers can rely on when making a purchase.
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LegalVision asserts that, for services guarantees, where a service fault is minor, the service supplier is the party that chooses which remedy to provide.

other
1 quote from 1 source
If a fault is considered a 'minor' fault, the service supplier can choose to either:
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In services guarantees, LegalVision asserts that a supplier…

  • need not provide any refund because a purchaser changed their mind about the service.
  • must honour a company policy if it has one for instances where a purchaser changed their mind about the service.
other
1 quote from 1 source
Further, a supplier need not provide any refund because a purchaser changed their mind about the service. However, if they have a company policy in such instances, they must honour it.
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LegalVision asserts that under the Australian Consumer Law services include ballet lessons, an accountant's services, dry cleaning and installing or repairing consumer goods.

other
1 quote from 1 source
For example: ballet lessons, accountant's services, dry cleaning and installing or repairing consumer goods are all services under the ACL.

Refused21

Claims the research produced that the grounding gate would not accept, with its reason. They are here because a site that only shows what passed gives you no way to judge whether the gate does anything.

Show what was refused

Australian Consumer Law section 63(2) preserves the services guarantees where the consignee of transported or stored goods is not carrying on a business.

Refused: The quotes only provide the heading and a note about section 63, not the specific substantive effect attributed to section 63(2).

Unsupported: section 63(2) preserves the services guarantees where the consignee of transported or stored goods is not carrying on a business

What it rested on
63 Services to which this Subdivision does not apply
Note: This subsection was inserted as a response to the decision of the High Court of Australia in Wallis v Downard ‑ Pickford (North Queensland) Pty Ltd [1994] HCA 17.

The subsection added by the Treasury Laws Amendment (2020 Measures No. 6) Act 2020 to Australian Consumer Law section 268 makes two or more services guarantee failures a major failure where a reasonable consumer fully acquainted with them would not have acquired the services.

Refused: The quotes only refer to 'section 268 of Schedule 2' and do not identify Schedule 2 as the Australian Consumer Law.

Unsupported: Australian Consumer Law

What it rested on
38 At the end of section 268 of Schedule 2
(2) A failure to comply with a guarantee referred to in section 267(1)(b) that applies to a supply of services is also a major failure if:
(b) the services would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of those failures, taken as a whole.
The amendments made by Part 1 of Schedule 4 to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020 apply in relation to a services supplied under a contract entered into on or after the day that that Part commences.

The Australian Consumer Law provides that the multiple-failure amendments made by Part 1 of Schedule 4 to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020 apply only to services supplied under a contract entered into on or after the day that Part commences.

Refused: The quote states the amendments apply in relation to services under contracts entered into on or after commencement, but it does not state they apply only to those services.

Unsupported: only

What it rested on
The amendments made by Part 1 of Schedule 4 to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020 apply in relation to services supplied under a contract entered into on or after the day that that Part commences.

Schedule 9 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 made services guarantee amendments.

Refused: The quote confirms Schedule 9 made amendments applying to services contracts but does not state they are guarantee amendments.

Unsupported: services guarantee amendments

What it rested on
The amendments made by Schedule 9 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 apply in relation to services supplied under a contract entered into on or after the day that Schedule commences.

The Australian Consumer Law provides that services guarantee amendments made by Schedule 9 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 apply only to services supplied under a contract entered into on or after the day that Schedule 9 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 commences.

Refused: The quote says the amendments apply in relation to such services but does not state they apply only to them.

Unsupported: apply only to services supplied under a contract entered into on or after the day that Schedule 9 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 commences

What it rested on
The amendments made by Schedule 9 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 apply in relation to services supplied under a contract entered into on or after the day that Schedule commences.

The ACCC says warranties cannot replace or take away consumer guarantees.

Refused: The quote stating warranties cannot replace or take away rights is from legalvision.com.au, not the ACCC, and the ACCC quote only says warranties are additional to consumer guarantees.

Unsupported: The ACCC says

What it rested on
Consumer guarantees are warranties that all consumers can rely on when making a purchase.
Warranties are voluntary and are additional to consumer guarantees
Warranties can't replace, change or take away a consumer's basic rights.

Australian Consumer Law section 60 provides a guarantee that services supplied in trade or commerce to a consumer will be rendered with due care and skill.

Refused: The quotes establish a section 60 guarantee as to due care and skill but do not name the Australian Consumer Law.

Unsupported: Australian Consumer Law

What it rested on
60 Guarantee as to due care and skill
If a person supplies, in trade or commerce, services to a consumer, there is a guarantee that the services will be rendered with due care and skill.

Australian Consumer Law section 61(1) provides a guarantee that any product resulting from services acquired for a particular purpose made known to the supplier will be reasonably fit for that purpose.

Refused: The quotes state a guarantee of fitness for 'that purpose' but do not state the precondition that the services were acquired for a particular purpose made known to the supplier.

Unsupported: services acquired for a particular purpose made known to the supplier

What it rested on
61 Guarantees as to fitness for a particular purpose etc.
there is a guarantee that the services, and any product resulting from the services, will be reasonably fit for that purpose.

Australian Consumer Law section 61(4) excludes the fitness-for-purpose services guarantee from applying to a supply of services of a professional nature by a qualified architect or engineer.

Refused: The quotes establish the exclusion under section 61 but do not specify that it is subsection 61(4).

Unsupported: section 61(4)

What it rested on
61 Guarantees as to fitness for a particular purpose etc.
This section does not apply to a supply of services of a professional nature by a qualified architect or engineer.

Australian Consumer Law section 62 provides a guarantee that services will be supplied within a reasonable time where no time is fixed by the contract or agreed method.

Refused: The quotes establish the section 62 reasonable-time guarantee but do not state the condition that no time is fixed or agreed method is provided.

Unsupported: where no time is fixed by the contract or agreed method

What it rested on
62 Guarantee as to reasonable time for supply
there is a guarantee that the services will be supplied within a reasonable time.

Australian Consumer Law section 267(2) gives the consumer the right to require a supplier to remedy a services failure that can be remedied and is not major.

Refused: The quotes establish the substantive right under section 267 but do not identify it as subsection (2).

Unsupported: section 267(2)

What it rested on
267 Action against suppliers of services
If the failure to comply with the guarantee can be remedied and is not a major failure:
(a) the consumer may require the supplier to remedy the failure within a reasonable time; or

Australian Consumer Law section 267(3) lets a consumer recover compensation for the reduction in value where the failure cannot be remedied or is a major failure.

Refused: The quotes show section 267 provides this compensation remedy but do not identify it as subsection (3).

Unsupported: section 267(3)

What it rested on
267 Action against suppliers of services
If the failure to comply with the guarantee cannot be remedied or is a major failure, the consumer may:
(a) terminate the contract for the supply of the services; or
(b) by action against the supplier, recover compensation for any reduction in the value of the services below the price paid or payable by the consumer for the services.

Australian Consumer Law section 269(3) entitles a consumer who terminates a services contract to a refund of money paid, to the extent the services have not already been consumed at the time termination takes effect.

Refused: The quotes establish a refund entitlement under section 269 but do not identify subsection (3).

Unsupported: section 269(3)

What it rested on
269 Termination of contracts for the supply of services
The consumer is entitled to recover, by action against the supplier of the services, a refund of:
to the extent that the consumer has not already consumed the services at the time the termination takes effect.

Australian Consumer Law section 63(1)(a) excludes the services guarantees from contracts for the transportation or storage of goods for the purposes of a business, trade, profession or occupation carried on by the person for whom the goods are transported or stored.

Refused: The quotes show section 63(a) concerns transport/storage contracts to which the Subdivision does not apply, but they do not state that the Subdivision contains the services guarantees.

Unsupported: services guarantees

What it rested on
63 Services to which this Subdivision does not apply
(a) a contract for or in relation to the transportation or storage of goods for the purposes of a business, trade, profession or occupation carried on or engaged in by the person for whom the goods are transported or stored; or

Australian Consumer Law section 64(1) makes void any contract term that purports to exclude, restrict or modify the application of the consumer guarantees.

Refused: The quotes show the s64 heading and listed items but do not state that a contract term is void.

Unsupported: makes void any contract term that purports to exclude, restrict or modify

What it rested on
64 Guarantees not to be excluded etc. by contract
(a) the application of all or any of the provisions of this Division; or
(c) any liability of a person for a failure to comply with a guarantee that applies under this Division to a supply of goods or services.

Australian Consumer Law section 64(1) makes void any contract term that purports to exclude, restrict or modify a person's liability for failing to comply with the consumer guarantees.

Refused: The quotes provide only the section heading and list items (a) and (c), not the operative provision stating a contract term is void to the extent it purports to exclude, restrict or modify liability.

Unsupported: makes void any contract term that purports to exclude, restrict or modify a person's liability

What it rested on
64 Guarantees not to be excluded etc. by contract
(a) the application of all or any of the provisions of this Division; or
(c) any liability of a person for a failure to comply with a guarantee that applies under this Division to a supply of goods or services.

Australian Consumer Law section 64A(2) allows a contract for the supply of services other than services ordinarily acquired for personal, domestic or household use to limit the supplier's liability to supplying the services again or paying the cost of having them supplied again.

Refused: The quotes mention 64A and the limitation remedies but never state the qualifying class of services or subsection (2).

Unsupported: other than services ordinarily acquired for personal, domestic or household use

What it rested on
64A Limitation of liability for failures to comply with guarantees
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.

Consumer Affairs Victoria states that for a minor services problem the consumer can require the business to fix the problem within a reasonable time.

Refused: The quote states the consumer can require the business to fix the problem within a reasonable time, but does not specify that this applies to a minor services problem.

Unsupported: for a minor services problem

What it rested on
The consumer can require the business to fix the problem within a reasonable time.

Consumer Affairs Victoria states that where a service is a major problem, the consumer can choose to cancel the contract and pay a reasonable amount for the work done.

Refused: The quotes state the consumer can choose to cancel and pay a reasonable amount, but none of them mention that this applies where the service is a major problem.

Unsupported: where a service is a major problem

What it rested on
The consumer can choose to:
cancel the contract and pay a reasonable amount for the work done, or seek a partial refund of money already paid, or

Consumer Affairs Victoria states that where a service is a major problem, the consumer can seek a partial refund of money already paid.

Refused: The quotes state the consumer can seek a partial refund, but do not state this applies where the service is a major problem.

Unsupported: where a service is a major problem

What it rested on
The consumer can choose to:
cancel the contract and pay a reasonable amount for the work done, or seek a partial refund of money already paid, or

Consumer Affairs Victoria states that the exception denying a remedy for causes outside the supplier's control does not apply when suppliers have not provided the service with due care and skill.

Refused: The quote says only 'This exception does not apply...' and does not describe the exception as one denying a remedy for causes outside the supplier's control.

Unsupported: denying a remedy for causes outside the supplier's control

What it rested on
This exception does not apply when suppliers have not provided the service with due care and skill.