At Ryts we advocate using legislation to your advantage. There is no better example of this than [S56} of the Consumer Protection Act 68 of 2008, This clause is really a hidden gem. It states,
Implied warranty of quality [56.(1)] In any transaction or agreement pertaining to the supply of goods to a consumer there is an implied provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55 (Consumer’s rights to safe, good quality goods), except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be.
Now, here is the best part,
[56(2)] Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either—
(a) repair or replace the failed, unsafe or defective goods; or
(b) refund to the consumer the price paid by the consumer, for the goods.
(3) If a supplier repairs any particular goods or any component of any such goods, and within three months after that repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must—
(a) replace the goods; or
(b) refund to the consumer the price paid by the consumer for the goods.
Note the important wording “… and the supplier must, at the direction of the consumer”
It is your choice what you want done, not the supplier, and the supplier must, not may if they feel like it, comply with such choice. There are a couple off factors to point out here.
- Any policies of the supply are irrelevant here. Legislation trumps policy.
- Your contract is with the supplier, let’s say the retailer. It is not with the manufacturer.
- The supplier is fairly entitled to ensure that there is actually a defect and that defect was not caused by you the consumer.
So do not let they tell you what they are going to do and do not let them fob you off onto the manufacture.
Further, Section [56(4)] notes that this implied warranty imposed and the right to return goods set are each in addition to any other implied warranty or condition imposed by the common law, this Act or any other public regulation, and any express warranty or condition stipulated by the producer or importer, distributor or retailer, as the case may be.
The author of this article has used this clause to great effect on many occasions. Final comment. Many of the people that you will interact with have no idea what you are talking about. Always take a copy of the section of the act with you to prove your point.
