Frequently asked questions



Frequently Asked Questions

  • What if materials or fittings I supply are faulty?
  • What if I install parts or items the customer has supplied and they are faulty?
  • What if I didn't cause the problem?
  • What if the customer has unrealistic expectations?
  • Can the customer come back after several years to complain about work done?
  • How does the Consumer Guarantees Act relate to the Building Code?
  • I am a non-contracting supplier, how do I exclude the provisions of the Consumer Guarantees Act where my services are acquired for a business purpose?


What if Materials or Fittings I Supply are Faulty?
When you supply materials as part of the job and charge the customer for them you will be responsible for any faults in those materials.

eg, a bricklayer paves a courtyard. The bricklayer buys the paving for the job and charges the customer. The paving stones have a high variation in colour and the customer wants them replaced. The customer can ask the bricklayer to put it right. If the bricklayer refuses to repair or replace the paving or doesn't do it within a reasonable time the customer will have the right to claim a refund.

If the problem with the materials you have supplied is a serious problem or one that can't be fixed then the customer will have the choice of a refund, replacement or compensation for the faulty goods.


What if I Install Parts or Items the Customer has Supplied and they are Faulty?
If the customer is not happy with the quality of the goods, they can make a claim to the person they bought the goods from.
eg, you lay a carpet that the customer bought themselves or a mechanic fits a part that the customer bought at a wrecker's yard.
 
They cannot cancel their contract with you for installing the carpet or the part and must pay you for the work you have done. The customer will be able to claim the installation cost from the supplier of the goods.


What if I didn't Cause the Problem?
You are not responsible if another person who is not working for you causes the problem.
eg, you have just put the top coat of paint on one side of a house when the neighbour lights a rubbish fire and ash blows over and sticks to the paint.
 
You are not responsible if the weather, an earthquake or other event that is beyond human control causes the problem.
eg, the day after you finish building a sleepout for a customer gale force winds lift two sheets of iron off the roof. Iron is also blown on the customer's house and other houses on the street.


What if the Customer has Unrealistic Expectations?
Sometimes you may think that the customer has caused the problem or is expecting too much of the work done.
eg, a mechanic tunes Sarah's car and Sarah comes back and complains that it is not accelerating fast enough. The mechanic goes for a drive with Sarah and discovers that she drives at 120kph and expects the car to accelerate to pass other vehicles at 140kph. The car is already over-revving at 120 kph. In this case the tune-up was clearly fit for the normal purpose. The engine is tuned.