Consumer Guarantees Act 1993

Supply of services

29: Guarantee as to fitness for particular purpose

You could also call this:

“Guarantee that a service will do what you ask for”

When you ask someone to provide a service for you, they must make sure it fits the purpose you tell them about. This also applies to any product that comes from the service. For example, if you tell a hairdresser you want a haircut for a wedding, they should give you a style that’s suitable for a wedding.

The service provider also needs to make sure their work can achieve the result you want, if you tell them about it. For instance, if you tell a painter you want your house to look brighter, they should use paint that will make it look brighter.

However, this guarantee doesn’t apply in two situations. First, if you don’t actually trust the service provider’s skills or judgement. Second, if it’s not reasonable for you to rely on their skills or judgement for what you’re asking.

Remember, there are some exceptions to this rule. You can find more information about these exceptions in section 41 of this law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM312840.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading

Previous

28: Guarantee as to reasonable care and skill, or

“Services must be done carefully and properly”


Next

30: Guarantee as to time of completion, or

“Services must be finished on time”

Part 4 Supply of services

29Guarantee as to fitness for particular purpose

  1. Subject to section 41, where services are supplied to a consumer there is a guarantee that the service, and any product resulting from the service, will be—

  2. reasonably fit for any particular purpose; and
    1. of such a nature and quality that it can reasonably be expected to achieve any particular result,—
      1. that the consumer makes known to the supplier, before or at the time of the making of the contract for the supply of the service, as the particular purpose for which the service is required or the result that the consumer desires to achieve, as the case may be, except where the circumstances show that—
      2. the consumer does not rely on the supplier's skill or judgment; or
        1. it is unreasonable for the consumer to rely on the supplier's skill or judgment.
          Compare
          • Trade Practices Act 1974 s 74(2) (Aust)