Summary of Breaches under the Consumer Guarantees Act CAP 326E
Whenever a consumer purchases an item e.g. a stove, clothing or a vehicle, the supplier guarantees that:
- He or she has the right to sell the item.
- The item is of acceptable quality, is acceptable in appearance, safe, durable and free of any defects. If defects are present, the consumer must be informed of such.
- The item must be fit for the purpose for which it is sold i.e. the item will do whatever the seller says it will do.
- The item supplied to the consumer is the same as any demonstration model, sample or description given buy the supplier.
- The price paid for the item must be a reasonable price if no price was previously agreed between the consumer and the supplier and the price paid should be approximately the same that other sellers of the same item would sell it for.
- Spare parts and repair facilities for the item purchased should be available for a reasonable period of time after the item has been purchased.
Whenever a consumer purchases a service e.g. auto valet service, tiling service or landscaping services, the supplier guarantees that:
- The service will be carried out with reasonable care and skill i.e. the work will be properly done and no damage done to the item or area on which the service is being performed.
- The service will be fit for the purpose the consumer makes known to the supplier that he or she is purchasing the service for and must deliver the desired result.
- The service must be completed within the agreed timeframe and where no timeframe has been agreed, the service must be completed within a reasonable time.
- If no price has been agreed as payment for the service, the consumer only needs to pay the supplier a reasonable price for the service i.e. what other suppliers delivering the same service would normally charge.