Customer rights and remedies



Customer Rights and Remedies
The customer's rights depend on how serious the problem is. This section explains what the customer can claim for.  

The customer can claim for:
  1. Problems that can be fixed.
  2. Serious problems or problems that can't be fixed.
  3. Damage and loss caused by the problem.
These rights apply when the guarantees for reasonable care and skill, fitness for a purpose or time of completion have not been met.


1. Problems that can be Fixed and are not Serious
If the problem can be put right you must put it right. You must act within a reasonable time and do the extra work free of charge. If you refuse to fix the problem or take more than a reasonable time to put it right the customer has two choices.

Either

Employ someone else to put it right and claim the cost from you.
or
Cancel the contract and refuse to pay for the work or pay less than the agreed price. If they have already paid, they can claim all or some of their money back.


a) Repairing the problem
Does the customer have to give me a chance to fix the problem?
The customer must give you the chance to fix the problem unless it is a serious problem. You must fix the problem within a reasonable time.


b) What is a reasonable time to fix the problem?
This will depend on the nature of the problem. Sometimes a reasonable time will be a few hours.

eg, a new roof is leaking badly.
 
In other cases a reasonable time may be a few days.
eg, a window won't open after a house is painted.


c) Do I have to pay if the customer gets someone else to fix the problem?
If the problem is not serious, the customer must give you the chance to fix the problem first. If you have refused to fix it or have taken longer than a reasonable time, the customer can ask someone else to fix the problem. You must then pay the customer the cost of the repair job. The cost must be reasonable. The customer does not have to provide quotes before getting it fixed.


d) What is a reasonable cost for someone else to fix the job?
A reasonable cost will be a cost that is within the normal range of quotes the customer would get for the work. If you think the cost charged is too high you will have to show that it is unreasonable.

Remember that the customer can only ask you to pay for repairs done by someone else if they first gave you the chance to put it right and you have refused or delayed. You can avoid having to pay for work done by someone else by solving any problems within a reasonable time. If you are too busy to do this you can arrange for someone else to do it.