In the Consumer Protection Act services primarily refer to work done on the customer's possessions. Typical services include:
Services referred to in the legislation also include various renovation work on buildings, minor construction projects such as playhouses or docks, land improvement work, taking down trees, yard work etc.
The principles of the Consumer Protection Act also apply to other services such as:
The safety of services is supervised on the basis of product safety legislation.
The attributes of a tangible product are easy to observe, but the attributes of a service must be described to the customer by the business. In service attributes the emphasis is on the business's responsibility to describe the service and the progress of work through its various phases. The business neglecting this responsibility is considered a service defect.
Based on its expertise, the business has an obligation to advise the customer. The business must also advise the customer on the sensible way to have the work done.
The customer must be informed if:
If the customer can't be reached, work must be interrupted.
For instance, quality repair work does not incur unnecessary expenses. A repairman who comes to a customer's home must bring with him the necessary tools and spare parts. Discussions before the visit have a key role. The repairman should be able to ask the customer relevant questions over the phone to determine what equipment and spare parts should be brought along for the job. The business must disclose all information regarding the service that the customer can reasonably expect to be informed of. For example, the business is responsible for information provided regarding the materials used for the job.
The result of the job must meet normal quality standards. In the case of renovating an apartment, for example, this would mean that groundwork such as the cleaning and smoothing of surfaces is properly done before painting and wallpapering. If the materials used are purchased by the consumer from a third party, the business must also assess whether those materials are appropriate for their purpose.
Most disputes arise from service price or delay in delivery. It is therefore important to note down at least these types of basic aspects in a written agreement. This also serves the business's interest, as many disputes arise from ambiguities that could have been avoided by having an appropriate written agreement.
The agreement should include information on at least the parties to the agreement, the price or price estimate, content of work, materials required and details on who purchases the materials. Information on the commencement and finishing dates of the work and the payment schedule should also be noted on the agreement.
Agreement templates approved by the Consumer Ombudsman are nowadays widely used in various construction and renovation services. Agreement templates are usually available from industry associations.
Additional work refers to work that was not covered by the initial agreement. Unless otherwise agreed, undertaking additional work is subject to the customer's approval. If the customer can't be reached, additional work may only be undertaken if it is necessary and sensible for maintaining the functionality of the object in question and if the additional work is such in nature that it should be done in conjunction with the work already agreed on. The cost of the additional work in such cases should also be low in proportion to the total price of the job.
In other circumstances work should be interrupted. The business should try to reach the customer regularly to receive approval for additional work. In settling disputes, one aspect that is taken into consideration is whether efforts to reach the customer for approval have caused the business unreasonable hindrance e.g. with regards to arranging other jobs.
If, during the course of a renovation job, the customer decides that he wants additional work done, the pertinent information should be written down in detail and the price of the additional work should be agreed on. If the parties fail to do this, they risk subsequent disputes on whether the additional work was included in the original agreement and the price thereof.