CONSUMER RIGHTS ACT 2015

Recently instructed a trader for a supply of service?

The Consumer Rights Act 2015 ensure that implied terms are provided for in any contract/agreement for service between a trader and you the consumer. It only covers business to consumer contracts, and not business to business or consumer to consumer.

The key terms are:

• The services to be performed must be done with reasonable skill and care.
• If you have entered into a contract for the supply of services, the trader cannot exclude their liability arising under the Consumer Rights Act, and any attempt to do so is not binding on the consumer.
• A trader cannot exclude or limit the right or remedy of the consumer in respect of the relevant statutory right.
• If the price of the service has not been agreed, only a reasonable price is payable.
• If a time for performance of the service has not been agreed, the trader must provide the service to the consumer within a reasonable time. If a time has been agreed, then that forms part of the contract, and it would be a breach of contract if it was not adhered to.

What remedies are available?

There are certain statutory remedies available to you the consumer for breach of contract.

A service is taken not to conform with the contract and therefore in breach where it is not performed with reasonable skill and care or in the case of breach of a term under section 49 which relates to performance of the service. In this case, you have the right to:

• require repeat performance.
• If that is “impossible” or not done in a reasonable time, the right to a reduction in price.

The consumer has the right to a price reduction:

• When he services are not provided within a reasonable time.
• Where there has been a breach of a term under section 51 (reasonable price to be paid) which does not relate to the service.

For further advice and assistance in relation to your rights, then please get in touch with our dispute resolution team.