Legal Question in Consumer Law in South Africa

Welcome, and thank you for your question.

In terms of section 55 of the Consumer Protection Act, you are entitled to receive goods that are reasonably suitable for the purpose for which they are intended, are of good quality and in good working order, free of any defects.

In addition, section 56 creates an implied warranty of quality for a period of six months. In terms of this warranty the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in the Act. If during this period, the product fails to meet the standards set in section 55, you may, without penalty and at the supplier's risk and expense, return the goods to the supplier. In terms of this section, you have a choice to either have the goods replaced or to receive a full refund.

However, the implied warranty will not apply where goods have been altered contrary to the instructions of the producer, importer, distributor or the retailer, or altered after leaving the control of the producer, importer, distributor or the retailer.

In instances where the supplier repairs the failed or defective goods (or any component of the goods) and within three months after that repair, the failure or defect was not fixed and it recurs, or another failure or defect is discovered, the supplier must replace the goods, or refund the price to the consumer. It should be kept in mind that the Act specifically determines that an implied warranty, as provided for in the Act, is in addition to any other implied warranty or condition imposed by the common law, any other legislation, and any express warranty or condition stipulated by the producer or importer, distributor or retailer.

The Act provides for a three month warranty on repaired goods. This warranty includes all new or reconditioned parts installed during the repair or maintenance work, as well as the labour to install such parts. However, where a consumer subjected goods to abuse or misuse, the warranty will be void. Also, the warranty does not extend to ordinary wear and tear.

Your recourse, in the event that the supplier fails to adhere to the terms of the Consumer Protection Act would be to refer a dispute to the National Consumer Commission for them to investigate the transgressions of the provisions of the Consumer Protection Act. The NCC can be contacted on Tel: 086 026 6786, Fax: 086 151 5229, Email: [email protected] or [email protected].

Yours faithfully,