Services must be rendered with due care and skill
Suppliers A binding promise made as reassurance that another person will carry out their legal obligations (e.g. paying a debt). The person making the promise is called a guarantor. If the person being guaranteed fails to pay, the guarantor becomes responsible for the debt. that services A document that sets out what a person wants to happen to their money and other property after they die. be provided with due care and skill (s 60 ACL). This means that the Formal delivery of legal documents to a person to tell them there are court proceedings against them which they must defend, or to make sure a witness in a case knows when they have to go to court to give evidence. provider must use an acceptable level of skill or technical knowledge and take necessary care to avoid loss and damage.
Services must be fit for specified purpose
Suppliers guarantee that services will be reasonably fit for any purpose that the Under the Australian Consumer Law, a person who buys goods or services for less than $40 000 or for personal or home use. made known to the supplier, either expressly or by implication (s 61 ACL).
The services – and any product that results from those services – must be of such nature, quality, state or condition that they might reasonably be expected to achieve the consumer’s desired result, if the consumer has made this known to the supplier or the supplier’s A person who acts for someone else. They can make decisions, carry out tasks or make agreements for the other person. For example, if you ask someone to bid for you at an auction they will be acting as your agent.. This guarantee only applies if it was reasonable for the consumer to rely on the skill and judgment of the supplier and the consumer actually relied on the skill and judgment of the supplier.
Services must be provided within a reasonable time
Suppliers guarantee that services will be provided within a reasonable time, where the time period is not fixed or agreed upon (s 62 ACL). Whether a time period is ‘reasonable’ depends on the nature of the services and may be affected by external factors (e.g. the weather and availability of parts).
Found in a statute of delegated legislation. For example, a statutory authority or body is aperson or organisation that has special powers given by parliament to do work for the public benefit. warranties: Financial services
The ASIC A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. implies two non-excludable statutory warranties into a An agreement that the law will enforce. between a supplier of financial services to a consumer, namely:
• the services will be rendered with due care and skill, and
• the services, and any materials supplied with those services, will be reasonably fit for purpose (s 12ED ASIC Act).