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Consumer Protection Act 1999 · Updated to 1 Nov 2021 · Part VIII · Guarantees in Respect of Supply of Services

54. Implied guarantee as to fitness for particular purpose

(1)

Where services are supplied to a consumer, there shall be implied a guarantee that the services, and any product resulting from the services, will be—

(a)

reasonably fit for any particular purpose; and

(b)

of such nature and quality that it can reasonably be expected to achieve any particular result, that the consumer makes known to the supplier, before or at the time of the making of the contract for the supply of the services, as the particular purpose for which the services are required or the result that the consumer desires to achieve.

(2)

The implied guarantees referred to in subsection (1) shall not apply where the circumstances show that—

(a)

the consumer does not rely on the supplier’s skill or judgment; or

(b)

it is unreasonable for the consumer to rely on the supplier’s skill or judgment.

Terms defined in this Act

consumer
Defined · s 3
“consumer” means a person who— (a) acquires or uses goods or services of a kind ordinarily acquired for personal, domestic or household purpose, use or consumption; and (b) does not acquire or use the goods or services, or hold himself out as acquiring or using the goods or services, primarily for the purpose of— (i) resupplying them in trade; (ii) consuming them in the course of a manufacturing process; or (iii) in the case of goods, repairing or treating, in trade, other goods or fixtures on land;
Open s 3
product
Defined · s 66
“product” means any goods and, subject to subsection (2), includes a product which is comprised in another product, whether by virtue of being a component part, raw material or otherwise.
Open s 66
services
Defined · s 3
“services” includes any rights, benefits, privileges or facilities that are or are to be provided, granted or conferred under any contract but does not include rights, benefits or privileges in the form of the supply of goods or the performance of work under a contract of service;
Open s 3
supplier
Defined · s 3
“supplier” means a person who, in trade— (a) supplies goods to a consumer by transferring the ownership or the possession of the goods under a contract of sale, exchange, lease, hire or hire-purchase to which that person is a party; or (b) supplies services to a consumer, and includes— (i) where the rights of the supplier have been transferred by assignment or by operation of law, the person for the time being entitled to those rights; (ii) a financier who has lent money on the security of goods supplied to a consumer, if the whole or any part of the price of the goods is to be paid out of the proceeds of the loan and if the loan was arranged by a person who, in trade, supplied the goods; (iii) a person who, in trade, assigns or procures the assignment of goods to a financier to enable the financier to supply those goods, or goods of that kind, to the consumer; and (iv) a person who, in trade, is acting as agent for another person where that other person is not supplying in trade; *NOTE—This Act has replaced the Companies Act 1965 which came into operation on 31 January 2017–see subsection 620(1)…
Open s 3

Report

Read on from s 55

Part IX

Rights Against Suppliers in Respect of Guarantees in the Supply of Services

Read on from Part IX

Part X

Read on from Part X

Part XI

The National Consumer Advisory Council

Read on from Part XI

Part XII

The Tribunal for Consumer Claims

Read on from Part XII

Part XIII

Enforcement

Read on from Part XIII

Part XIV

General and Miscellaneous

Read on from Part XIV