Made-to-measure joinery comes with the consumer guarantees, which consumers receive automatically when they buy goods and services. The work must be done with an acceptable level of care and skill, and the services and anything they produce “must be fit for any stated purpose.”
The guarantees that fit a joinery job
- It has to do the job you described
The ACCC’s example: “A consumer hires a carpenter to build a unit that will fit their 50-inch television. The finished product is too small.” The consumer can claim the service did not meet the purpose specified. For a service, that guarantee applies when you tell the provider the purpose, when you buy on the business’s advice, or when the business advertises that its service can be used for that purpose.
- It has to match the display cabinet
“If a consumer buys a product based on a sample or demonstration model, the product must have the same quality and features.” Any description by the business, written or spoken, must be accurate.
- It has to be of acceptable quality
The ACCC’s rule: “A product sold to a consumer must be of acceptable quality.” It also notes there are no set rules for deciding that, or for how long a product should last.
- It has to be finished in reasonable time
Where no time frame was agreed, services must be supplied within a reasonable time, which can depend on the nature of the work, the weather and the availability of parts or materials.
Major and minor problems
What you can ask for depends on how serious the problem is. In the ACCC’s terms, a service problem is major if the service leaves a situation unsafe; if it has one serious fault, or several smaller ones, that would have put someone off buying it had they known; or if it cannot do its normal job, or a specific job you told the business about, and cannot easily be put right within a reasonable time.
For a major problem with a service, you can choose to cancel the contract and get a refund, which may not be full because you pay a reasonable amount for work done so far, or keep the contract and pay a lower price that reflects the problem. For a minor problem, the business must fix it for free, and if it cannot or will not within a reasonable time, you may have it fixed elsewhere and be paid back the reasonable cost, get a refund or replacement, or keep the product or cancel the service and be compensated for the drop in value.
For a faulty item that is large, heavy or hard to remove, such as an installed appliance, the ACCC says the business is responsible for collecting it or paying the shipping, within a reasonable time.
When the guarantees do not help
The ACCC lists times you are not entitled to a repair, replacement or refund under the guarantees. Three matter most for made-to-measure work:
- you got what you asked for but simply changed your mind, though a business must follow any change-of-mind policy it has;
- you asked for the service to be done your way, against the business’s advice;
- someone other than the business caused the problem with the service.
Warranties on top of the guarantees
A warranty is an extra promise. The ACCC says warranties “can’t replace, change or take away a consumer’s basic rights”, and that those rights can last longer than a business’s warranty. The Victorian Building and Plumbing Commission gives the joinery example: a promise that a shelf can hold 100kg, spoken or written, is covered by the Australian Consumer Law, so keep a record of any extra warranty a builder, tradesperson or supplier offers. Consumer Affairs Victoria adds a caution about long-term guarantees, which “may not be of any benefit if the business is later sold or closed.”
The measure-up at home
Many joinery jobs begin with someone measuring in your kitchen. NSW gives an example that fits: “If you ask a supplier to provide a quote (such as measuring for blinds) and the supplier tries to enter into negotiations or later contacts you to negotiate a deal, then a resulting agreement would be considered an unsolicited consumer agreement.” Agreements that are not unsolicited do not carry the same protections and may have no cooling-off period.
- After signing an unsolicited sales agreement, you have 10 business days to change your mind.
- The rules do not apply to agreements with a total value under $100, however you were approached.
- NSWIn those 10 business days of cooling off, the supplier may not take any payment, or hand over goods or services, under the agreement.
If something goes wrong
The ACCC’s first step: contact the business that sold the product or service and explain the problem; “The business can’t refuse to help you by telling you to contact the manufacturer.” If the business does not fix it, you can speak to your state or territory consumer protection agency. The ACCC itself does not resolve individual disputes.
Rights work best alongside good paperwork: contracts and deposits for joinery work covers what to have in writing, and who may build your joinery covers licences. A joiner or cabinetmaker can talk through the design and its limits before you commit.