Workmanship Guarantee

Applies to: customers whose job was booked and paid in the Like Magic app, and the providers who did the work.
Status: Soft-launch version: applies from the day bookings open. Document 6 of 11 in the Like Magic legal set.

Contents

1. What this guarantee is

1.1 The Workmanship Guarantee is a promise that every provider on Like Magic gives to customers as part of every job booked through the platform: the provider will come back as soon as possible and fix defects in their own work, free of charge. Providers must give this promise under clause 13 of the Service Provider Agreement. It costs you nothing.

1.2 This guarantee is in addition to your rights under the Consumer Protection Act (CPA). It does not replace or reduce them.

1.3 This guarantee is not insurance, and Like Magic does not pay claims under it. Like Magic runs the claims process, but the provider is responsible for fixing the work.

2. Which jobs are covered

2.1 The guarantee covers jobs that were:

1. booked through the Like Magic app or website;
2. paid for in full in the app; and
3. completed by a provider on the platform.

2.2 Work arranged or paid for outside the app is not covered, even if the provider is on Like Magic.

3. What is covered

3.1 If the work on a covered job is defective because of the provider's workmanship, or parts the provider supplied fail because they were fitted badly, the provider must come back as soon as possible and put it right free of charge. This includes the labour, and any parts that need replacing because of the defect.

3.2 Like Magic does not do the work itself, does not send another provider at its own cost, and does not pay for repairs or refunds under this guarantee.

3.3 If the provider does not come back as soon as possible and fix the defect, you keep all your rights against the provider under the CPA, including having the work redone or a reasonable part of the price refunded (section 54). Where we still hold the provider's payment for the job (that is, before you have released it, clause 7.5 of the Customer Terms), or can set the amount off against the provider's payouts, we may pay that refund to you out of the provider's money, as the provider's payment collection agent. After a release we recover a refund from the provider's later payouts.

3.4 A provider who does not honour this guarantee is dealt with under our provider standards, and may be suspended or removed from the platform.

4. How long the guarantee lasts

4.1 You must report a defect within 90 days of the date the job was completed. This matches or goes beyond the 3-month warranty on repairs in section 57 of the CPA.

4.2 You must report damage to your property, or an injury, within 14 days of the job (section 8).

4.3 Re-work done under this guarantee is itself guaranteed for 90 days from the date it is completed.

5. What is not covered

5.1 To the extent the law allows, the guarantee does not cover:

1. normal wear and tear;
2. misuse, neglect, accidental damage, or changes or repairs by someone else after the job;
3. parts or materials you supplied yourself (the provider's labour in fitting them is still covered);
4. faults that existed before the job and were not part of the work you approved;
5. defects in equipment caused by the manufacturer rather than the fitting (the provider as supplier, and the manufacturer, remain responsible under the CPA and any manufacturer's warranty, and we will help you claim);
6. work you declined or did not approve, including extra work the provider recommended;
7. indirect or consequential loss, such as loss of income, loss of use or inconvenience; or
8. damage caused by events beyond anyone's control, such as floods, lightning or power surges.

6. How to claim

6.1 Report the problem in the app, or at hello@likemagic.co.za, with photos and a description. We acknowledge your claim within 1 business day.

6.2 We tell the provider, who must respond within 48 hours and come back as soon as possible to put it right.

6.3 The provider may need to inspect the problem, at a time that suits you.

6.4 For damage to your property or an injury, follow section 8.

7. How claims are handled and how long it takes

7.1 We look at the photos, the job report, the chat and any inspection. Within 5 business days we tell you and the provider in writing whether the problem is covered and what the provider must do.

7.2 The provider books the re-work with you at a time that suits you. Any refund goes back to the way you paid, as set out in our Cancellation and Refund Policy.

7.3 If you disagree with our decision, you can use our Complaints Policy, and then go to the Consumer Goods and Services Ombud (CGSO).

8. Damage to your property or injury

8.1 Like Magic does not cover damage to your property, or injury, caused by a provider. The provider is responsible, and every provider must carry public liability insurance that covers their work.

8.2 Report the damage or injury in the app within 14 days of the job, with photos and, if you can, a quote for the repair.

8.3 We will then:

1. pass your claim to the provider and ask them to refer it to their insurer;
2. give you the provider's business details and the name of their insurer, so that you can claim directly if you prefer;
3. follow up with the provider until your claim has been answered, and keep you informed; and
4. hold the provider's payment for the job while the claim is open, if you have not yet released it (clause 7.5 of the Customer Terms), and, if it has been released, recover any refund due to you from the provider's later payouts.

8.4 If you have household insurance, you may also claim from your own insurer, who may then recover the loss from the provider.

9. What the provider must do

9.1 The provider must respond to a claim within 48 hours of us telling them, come back as soon as possible to fix defects in their own work at their own cost, and deal with damage claims through their insurer. These duties are set out in clause 13 of the Service Provider Agreement.

10. Your rights under the law

10.1 You can always use your rights under the CPA directly against the provider as the supplier, instead of or as well as this guarantee. These include: quality service, or else the work redone or a reasonable part of the price refunded (section 54); goods of good quality, which you may return within 6 months for repair, replacement or a refund (section 56); and a 3-month warranty on repairs, covering new parts and labour (section 57). You also have a claim for harm caused by unsafe goods (section 61).

10.2 If the provider or their insurer compensates you for a loss, that amount is taken into account in any other claim for the same loss.

11. Changes to the guarantee

11.1 We may change these guarantee terms for future jobs. A change never reduces the cover for a job completed before the change.