What services are covered by the ACL?

Services are widely defined in section 2 of the ACL and include most things normally thought of as services and include contracts for work (but not employment), including professional work, provision of recreational and amusement facilities, a contract between banker and customer and a contract for the lending of money.

Specifically excluded are services involving the transportation or storage of goods for the purposes of a business, trade, profession or occupation carried on or engaged in by the person for whom the goods are transported or stored and insurance (s63).

What protection is offered in relation to services?

In every contract for the supply of services in the course of a business there will be an implied warranty that the services will be rendered with due skill and care (s60).

When a consumer expressly or by implication makes known to the service provider any particular purpose for which the services are required, or the result that is desired to be achieved, there is an implied guarantee that the services supplied under the contract, and any product resulting from the services, will be reasonably fit for that purposes (s61). However, where the circumstances show that the consumer does not rely on the supplier’s skill or judgment, or it is unreasonable to do so, this term does not apply (s61(3)). Nor does this guarantee apply in respect of services of a professional nature by a qualified architect or engineer (s61(4)). If the time for delivery of the services is not expressly fixed, then the service provider must supply the services within a reasonable time (s62).

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