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Objective requirements for conformity with service contract
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81. (1) The following requirements shall apply in relation to a service contract—
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(a) the trader shall have the necessary skill to supply the service,
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(b) the trader shall supply the service with reasonable care and skill,
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(c) the trader shall supply the service in accordance with any applicable laws,
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(d) any materials used in the supply of the service shall be sound, reasonably fit for the purpose for which they are supplied, and correspond to any description provided by the trader, and
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(e) the service shall comply with any public statement in relation to the service made by, or on behalf of, the trader or any other person constituting a previous link in the chain of transactions relating to the service contract, particularly in advertising, unless the trader shows that—
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(i) the trader was not, and could not reasonably have been, aware of the public statement in question,
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(ii) at the time of conclusion of the service contract, the public statement had been corrected in the same way as it had been made (or in a comparable way), or
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(iii) the decision of the consumer to purchase the service could not have been influenced by the public statement.
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(2) A trader who purports to supply a service to a higher standard of care and skill than that specified in subsection (1)(b) shall exercise that higher standard of care and skill in supplying the service.
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(3) Where—
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(a) standards of care and skill have been set by a body or a public authority in relation to the supply of a particular service by a trader, and
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(b) a trader is, or purports to be, a member of the professional body,
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the trader shall exercise those standards of care and skill in supplying the service under a service contract.
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(4) A trader who is, or purports to be, bound by a code of practice relating to the supply of a service shall abide by that code in supplying the service under a service contract.
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(5) Where a service contract provides for the continuous supply of a service for a period specified in the contract, the trader shall ensure that the service is in conformity with the contract during that period.
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(6) Where a service contract provides for the supply of a service on more than one occasion during the period for which the contract subsists, the trader shall ensure that the service is in conformity with the contract on each of those occasions.
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(7) In this section, “code of practice” means any rules or standards that are not imposed by or under an enactment which purport to govern or define the behaviour, practices or ethical standards of traders in relation to their transactions with consumers arising from the supply of a service (whether generally or in respect of a particular trade, business or profession).
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