Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_267
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 267
Character Range: 378445–380456

267  Action against suppliers of services

 (1) A consumer may take action under this section if:
 (a) a person (the supplier) supplies, in trade or commerce, services to the consumer; and
 (b) a guarantee that applies to the supply under Subdivision B of Division 1 of Part 3‑2 is not complied with; and
 (c) unless the guarantee is the guarantee under section 60—the failure to comply with the guarantee did not occur only because of:
 (i) an act, default or omission of, or a representation made by, any person other than the supplier, or an agent or employee of the supplier; or
 (ii) a cause independent of human control that occurred after the services were supplied.

 (2) If the failure to comply with the guarantee can be remedied and is not a major failure:
 (a) the consumer may require the supplier to remedy the failure within a reasonable time; or
 (b) if such a requirement is made of the supplier but the supplier refuses or fails to comply with the requirement, or fails to comply with the requirement within a reasonable time—the consumer may:
 (i) otherwise have the failure remedied and, by action against the supplier, recover all reasonable costs incurred by the consumer in having the failure so remedied; or
 (ii) terminate the contract for the supply of the services.

 (3) If the failure to comply with the guarantee cannot be remedied or is a major failure, the consumer may:
 (a) terminate the contract for the supply of the services; or
 (b) by action against the supplier, recover compensation for any reduction in the value of the services below the price paid or payable by the consumer for the services.

 (4) The consumer may, by action against the supplier, recover damages for any loss or damage suffered by the consumer because of the failure to comply with the guarantee if it was reasonably foreseeable that the consumer would suffer such loss or damage as a result of such a failure.

 (5) To avoid doubt, subsection (4) applies in addition to subsections (2) and (3).