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IntegraR 发表于 2024-6-10 11:11
小额法庭你输定了 自己看不懂英文怪别人
真的是开眼界了
In New Zealand, when businesses provide services, they are required to adhere to specific legal standards regarding transparency and fairness, especially in how they disclose fees and charges. If a company fails to clearly outline all potential extra costs and their specific charges at the time of providing a quote, this may be a violation of certain consumer protection laws. Here are the key legal provisions that could apply in your situation:
1. Fair Trading Act 1986
The Fair Trading Act (FTA) is designed to protect consumers from unfair or misleading conduct in trade. The Act includes several sections relevant to your case:
Section 9 - Misleading and Deceptive Conduct:
This section prohibits any person from engaging in conduct that is misleading or deceptive or is likely to mislead or deceive. If a business does not clearly communicate all potential charges or misleads you about what the callout fee includes, they could be violating this provision.
Example Violation:
If the company suggested that the $120 callout fee covers initial diagnostic work without explicitly stating that additional charges for labor or special allowances (like a two-story charge) could apply, this could be seen as misleading.
Section 13 - False or Misleading Representations:
This section prohibits making false or misleading representations about the price or the need for goods or services. Failing to disclose extra charges upfront could be interpreted as making a misleading representation about the total cost of the service.
Section 36 - Unsubstantiated Representations:
Any claims or quotes provided must be substantiated with evidence. If the company quoted a certain price range without providing clear justification or a breakdown, they might not be complying with this requirement.
2. Consumer Guarantees Act 1993
The Consumer Guarantees Act (CGA) provides guarantees that services must be delivered with reasonable care and skill and that consumers must be made aware of the total price for those services.
Section 30 - Service Provided with Reasonable Care and Skill:
This section guarantees that all services must be performed with reasonable care and skill. If the service provider's communication about charges is ambiguous, leading to unexpected high costs, it might not meet this standard.
Section 31 - Service Fit for Purpose:
Services should be fit for the purpose they were intended. If the customer expects a complete diagnosis and repair within a quoted price range but is then charged extra for labor or other services not clearly outlined, this might breach the Act.
3. Contract and Commercial Law Act 2017
This Act consolidates and reforms the law relating to contracts and commercial transactions in New Zealand. It highlights the importance of clear and understandable terms in contracts.
Section 26 - Terms of the Contract:
All the terms and conditions of a contract should be clear and agreed upon by both parties. If the contract or agreement for service did not clearly specify all potential additional charges, it could be argued that the terms were not adequately disclosed. |
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