PROTECT YOURSELF AGAINST RISK – DEFECTIVE WORKMANSHIP
The Consumer Protection Act, as gazetted on 29 April 2009 states:
- The consumer has a right to fair and honest dealings.
- The consumer has a right to just and honorable terms and conditions.
- The consumer has a right to fair value, good quality and safety.
- The consumer enjoys protection against hazards to their wellbeing and safety.
- Materials installed for a client must be useful for its intended purpose.
- The contract between consumer and contractor may not be one-sided and may not adversely effect the rights of the consumer.
- The consumer has a right to demand quality service, delivered on time and the job fully completed.
- The consumer has a right to demand that materials are free of defects and also to demand that defective workmanship be remedied or a reasonable portion of the money paid to the contractor to be refunded in the event of non-performance.
The ECA (SA) Guarantee of Work Scheme was introduced many years ago to provide a remedy to any client who is not satisfied with the quality of workmanship rendered by an ECA (SA) member.
The Guarantee of Work Scheme only covers work up to a value of R 20 000.00 per contract.
Useful booklets are available from our offices to members in good financial standing, in the form of tear-off vouchers, which could be given to your clients when you quote for small works.
We have also prepared a Small Works Quotation Form and Contract Document and would recommend that members use these when entering into contracts for minor works with clients.
We are of the firm belief that our contract document provides protection to members against the risks that you are exposed to in terms of the above legislation.