Complaints and Dispute Resolution
KNOW YOUR RIGHTS
The most important step towards successfully resolving a problem is to knowand understand what you are entitled to under the Contract, Agreement and the Law.
Knowing and understanding your rights and entitlements under a Service Agreement, Quotation, Product Purchase or Contract gives you the ability to properly outline your complaint.
Understanding your rights also gives you a better opportunity for a successful and speedy resolution process.
FROM THE BEGINNING
- Keep all written records of events. This includes emails, notes and other correspondence of when you informed the other party of the problem, the date and time, the person you spoke with and what was said or agreed
- Keep a copy of any documents in chronological order and in one place for ease of access
- Take photographs or a video if you feel this may assist you with your complaint
SPEAK TO THE CONTRACTED PARTY IMMEDIATELY
Once you discover or are notified of a problem, you should immediately inform the Retail Outlet, Supplier, Service Provider or Swimming Pool Builder, either in person or with a phone call and/or email.
Make sure you sufficiently are able to:
- Explain the problem or concern
- When it developed or when you first noticed it
- Ask what action they are likely to take
- Ask what the time frame will be for them to inspect and/or rectify the problem
WRITE A LETTER
Write directly to the Other Party and plainly state:
- What the problem is with the product, service or the construction
- When it first occurred or was noticed
- Who have you informed to have the problem resolved (phone calls, emails or visits)
- What you believe are your rights and expectations under the Contract or Agreement
- What you believe needs to be done to resolve the complaint or concern
- Request a time frame for a response and how they are likely to fix the problem/s
LETTER WRITING BASICS:
- Keep the letter or email short
- Deal only with the facts
- Leave the emotion out of your letter
- Attach a copy of any relevant documents or photos you send or receive
If the response is not positive, or the matter is still unresolved:
The SPASA Complaint and Dispute Resolution Process is available only to those consumers who have dealt with a SPASA member. Consumers should contact SPASA and request a “Consumer Complaint Form”. When submitting a complaint in the prescribed format, consumers are required to provide sufficient supportive evidence (copies of the Contract, Agreements, Invoices etc and any other relevant correspondence).
The SPASA Complaints & Dispute Resolution Process is a “Facilitative Process” involving the Association’s “Credentials Portfolio”. The Credentials Portfolio has no advisory or determinative role, however, the role is seen as pivotal in providing assistance in managing the process of dispute resolution between the parties, in accordance with the actual terms and conditions of the Contract or Agreement.
This process may include Facilitation, Mediation and/or Conciliation, and heavily relies on both parties accepting and remaining committed to the resolution process.