law4all

This act can provide you with some protection for the quality of goods and services you purchase when you build a house or do other work around Home.
The Consumer Guarantees Act 1993 (CGA) provides that goods and services must meet
certain guarantees. In most cases, the manufacturer or the trader is bound by these
guarantees.
The Act covers goods you buy, like materials and appliances for the house, as well as the
services provided by your architect, designer, builder or other contractors. The Act
does not apply to goods bought at auction or tender or at a private sale, for example,
if you buy a second-hand mantelpiece through the paper. Neither does it apply when
you buy an existing house and the land that goes with it.
Materials you buy must be:
1)- Of acceptable quality.
2)- Fit for their normal purpose.
3)- Fit for any particular purpose that you make known to the supplier
4)-A price reasonable for the type and quality of goods, where price has not been agreed.
Guaranteed as to title.

Where the goods are bought by the builder, and you buy them off the builder, then the
builder is the supplier of those goods under the Act. This means that you have remedies
against the builder as supplier. If you buy the goods direct from a retailer, your remedies
will be against the retailer as the supplier of the goods.
The services provided by your designer, builder or other contractors must:
1)- Be performed with reasonable care and skill.
2)- Result in fitness for a particular purpose.
3)- Be completed within a reasonable time – if a time was not agreed beforehand.
4)- Not cost more than a reasonable or going market price – if you did not agree on a price beforehand.If the goods and services don’t meet these standards you have remedies under the Act.
Guarantee as to Title.
When you buy goods you can expect them to be guaranteed as to title, i.e. they are being
sold by the person with the right to sell them and that you own them completely.
If you buy goods where the supplier does not have the right to sell them, the guarantee
as to title provides you with a claim against the supplier to have the defect in title corrected,
or damages where this cannot be done.
Note that contracts for the supply of building materials frequently include retention of
title clauses, which essentially reserve rights to the goods to the supplier until they are
paid for.
Acceptable Quality.
Goods are of acceptable quality if they are fit to be used in such a way that is usual for
that type of goods, they are reasonably durable, have no significant defects and are
acceptable in look and finish.
For example, if you buy tiles to install in your new bathroom, you can expect them
to be free from cracks and blemishes, and take the normal knocks expected in a
bathroom (if they are sold as suitable for bathrooms). How durable the goods
are depends on the type of goods, the price and any claims about them made on
the packaging, the labels or advertising. Note, however, that if the existence of any
defect was specifically drawn to your attention, then the guarantee does not apply in
respect of those goods.
What is fit for the Particular Purpose.
When you buy a product with a specific requirement, the guarantee provides that goods
you are supplied with will meet your requirements. If, for example, you tell the shop when
you are buying a heat pump system for your new home that it has to heat a 250 square
metre home and it turns out the heat pump is simply not powerful enough, you have remedies under the Act.
When you are buying specialised equipment, like heat pumps, it would be wise to do
some of your own research first – don’t necessarily rely on the person at the counter
as they may not know the products well enough themselves.
What is reasonable care and Skills.
For example, you are having a house built with concrete blocks. After moving in, a number
of the blocks develop cracks which are not only unsightly, but they also leak. This could be
a manufacturing problem but it could also be that the blocks were not installed to the
right specifications. Not installing products correctly may be a situation where there was
a lack of reasonable care and skill.
However, there are some circumstances where the builder or contractor may make it
clear that you cannot rely on their care and skill. For example, if you ask the builder to
build some elaborate fret-work and the builder says he will do his best but this is not his specialty. This should be carefully noted in the contract to limit the builder’s liability.
Remedies Under the Act.
Goods.
In the case of breach one of the guarantees in the Act, if the fault is serious or can’t be fixed,
you can choose between a replacement, a refund, or keeping the goods and paying a reduced price. If the fault is not serious, the supplier can choose between a repair, a replacement or a refund.
In either case, you can also claim for any extra loss caused as a result of the fault.
Sometimes the best way to resolve a dispute with a supplier is to negotiate with them
to find the most suitable remedy.
Where goods have been incorporated into real or personal property, you still have the
right to reject the goods even though you can’t return them. In such cases, you can
require the supplier to collect them at the supplier’s expense.
In all cases with faulty goods, you will also have the right to damages for any foreseeable
loss resulting form the failure of the goods. For example, the wallpaper you bought turns
out to be faulty. The pattern rubs off at the slightest touch and the supplier offers to replace
the paper. You could also claim the cost of paying someone to re-hang the paper.
Services.
In the case of services, where there is some failure in the services so that they breach a guarantee in the Act, you can ask for the problem to be fixed. For example, the plasterers
splash plaster all over the brick-work and you ask them to clean the splatters. If they
refuse or take too long to get back to you, you can get someone else to clean it and claim
the cost off the plasterers. Or, depending on your contract with the plasterers, you may
be able to refuse to pay the plasterers’ bill until the problem is fixed (that is if you
haven’t paid already).
If the failure by the service provider cannot be fixed or is really serious you can cancel
your contract for supply of services with them. Alternatively, you can require the service provider to compensate you for the loss of value of the product of the service, below the
charge paid for the service.
You can also claim damages for any foreseeable loss resulting from a failure in the services
you have received. Make sure to get proof of the faulty job and the loss caused by it, for example, get a written quote for the cost of repairs, take photos, or get a report by an independent expert.
Overcharging.
If you have been charged more than the market price for goods or services, and you
did not agree on a price with the supplier beforehand, you will only have to pay the
market price. Phone around some other traders and find out how much they would
have charged for the same goods or services, and offer to pay your supplier the going
market rate in full and final settlement of their bill.