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

56. Implied guarantee as to price

(1)

Where services are supplied to a consumer, there shall be implied a guarantee that the consumer shall not be liable to pay to the supplier more than the reasonable price for the services where the price for the services is not—

(a)

determined by the contract;

(b)

left to be determined in a manner agreed by the contract;

(c)

left to be determined by the course of dealing between the parties.

(2)

Where there is a failure to comply with the implied guarantee under subsection (1), the consumer’s only right of redress shall be to refuse to pay more than the reasonable price.

(3)

Nothing in Part IX shall be taken to confer on the consumer any other right of redress.

(4)

For the purposes of this section, what is a “reasonable price” shall be a question of fact depending on the circumstances of each particular case, and where the price has been fixed under any written law, the reasonable price shall be as may be specified under that written law.

Consumer Protection 77

Terms defined in s 3

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
price
Defined · s 3
“price” includes consideration in any form, whether direct or indirect, and includes any consideration that in effect relates to the acquisition or supply of goods or services although ostensibly relating to any other matter or thing;
Open s 3
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

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