Deficiencies in the service the customer has ordered

Fel på tjänsten kunden beställt - English

If your company have performed a service incorrectly, the consumer should inform you of the deficiency so that you have the opportunity to correct it.

The consumer can file a complaint about deficiencies for up to three years after you completed the assignment. The exception is if the service applies to work on land, buildings or other fixed things. In such cases, the consumer can file a complaint for up to ten years.

Once the consumer has discovered the deficiency, the consumer must complain about the deficiency within a reasonable period of time. What is considered to be a reasonable period of time varies. However, if the consumer complains about the deficiency within two months of its discovery, this always counts as being within a reasonable period of time.

The service is deficient in these cases

  • the result differs from what the consumer has the right to demand in terms of performance and materials. I.e. if you have not performed the service in a professional manner
  • the service provided does not match what you and the consumer have agreed to
  • the service has not been performed in accordance with the Product Safety Act and applicable safety regulations
  • you have not carried out additional work that you are required to perform to avoid serious harm
  • the result is not consistent with advertising information provided by you or on your behalf
  • you are responsible for the results of the service by virtue of a warranty or similar guarantee, and the result is deteriorates during the period of time covered by the waranty/guarantee.

If the service is deficient, the consumer has the right to:

  • withhold payment as collateral for their claim
  • demand that the deficiency be corrected free of charge, unless this entails unreasonable cost or inconvenience to you
  • make a deduction from the price. The amount of the price deduction shall correspond to the cost to the consumer of correcting the deficiency.
  • terminate the contract, if the purpose of the service has been negated and you should have realised this. For example, if the performance of the service is not completed by an agreed point in time and you know that this deadline is important to the consumer.

Delays

If you terminate the assignment later than you and the consumer have agreed, and this does not depend on the consumer, the consumer has the right to withhold payment. The consumer may choose to require you to perform the service or, if the delay is of material importance, to terminate the contract. Furthermore, the consumer may claim damages. However, the consumer must first file a complaint about the delay.

Damages

If you damage something when performing the service, you are obliged to compensate the consumer for the damage. For example, this could be a door must be painted or other property belonging to the consumer.

What price should the consumer pay?

  • The consumer must pay what you have agreed, i.e. the price stated in the contract.
  • If price is not agreed, the consumer must pay what is reasonable. For example, a reasonable price may be determined by the price charged by other craftsmen for the same service.
  • If you have provided approximate price information (i.e. an estimated price), that price may not be exceeded by more than 15%. The exception is if you have agreed on a higher limit – if so, this limit applies. If you use our contract forms “ABS” and “The Craftsman’s Form”, there is a limit of 25 percent for earthworks, demolition works and other elements that require special surveys in order to be able to provide a fixed price.
  • Fixed price information may not be changed unless the form of the service has changed.
  • You are entitled to a surcharge if you have carried out necessary additional work or if the service has become more expensive due to circumstances that depend on the consumer. However, the basic rule is that you should always consult the consumer before doing additional work.
  • The consumer does not have to pay for work that is deteriorated or negated due to an accident that occurs before the end of the service.
  • The consumer has the right to receive an itemised bill which makes it possible to assess the nature and extent of the work. This bill must also indicate how the price has been calculated.

You are entitled to compensation when the order for the service is cancelled

When the consumer cancels an order for service before you have finished performing the service, you are entitled to compensation for the portion of the work that you have already performed. You also have the right to receive compensation for lost income because you have not been able to take other assignments.

When the consumer pays too late

If the consumer is late with the payment, you have the right to suspend the work. You are also entitled to compensation for any losses.

If you have already started the work, you are obliged to complete the amount necessary to ensure that there is no risk of serious harm to the consumer. If the work pertains to a single thing, such as a piece of jewellery or a bicycle, you have the right to keep it until the consumer has paid.

Proofread 20 November 2020

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