The Supply of Goods and Services Act, 1982 (“SGSA”) implies terms into a contract for the supply of services, that the supply must:
- Be carried out with reasonable skill and care expected of an ordinary competent member of the profession or trade involved;
- Be carried out within a reasonable time;
- Cost no more than a reasonable charge, if no price is agreed.
Contracts for services may also include goods that are transferred by the seller to the customer as part of the service provided by the seller. This may include, for example, spare parts or materials used as part of the services, such as by a plumber supplying work and materials.
If a tradesman has provided a defective service, the consumer does not have a right to reject the service and demand that the job be redone. Instead, the consumer’s remedy lies in breach of contract. So, for example, the law may allow an innocent party to treat himself as discharged from further obligations under the contract, instead of, or as well as, claiming damages. Any breach of contract will give rise to a claim for damages.
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