Defective Goods and the Protection granted in terms of the Consumer Protection Act

consumer protection act

There are many instances in which we tend to purchase new goods without realizing that it is defective. So many consumers presume that purchasing defective goods is more a loss than an actual gain as they think it will cost them more to repair the item. Consumers often don’t know what the necessary steps are in holding the supplier of that goods accountable for selling defective goods.

The Consumer Protection Act (hereafter ‘the Act’) defines a consumer in respect of any particular goods or services as (a) a person to whom those particular goods or services are marketed in the supplier’s business; (b) a person who has entered into a transaction with a supplier unless exempted from Section 5(2) or 5(3); (c) a user of those particular goods or a recipient or beneficiary of those services; or (d) a franchisee. The Act further defines a supplier as a person who markets any goods or services to a consumer.

Section 55 (2) of the Act explains that every consumer has a right to receive goods that- (a) are reasonably suitable for the purposes for which they are generally intended; (b) are of good quality, in good working order, and free from any defects; (c) will be useable and durable for a reasonable period, having regard to the use in which they would be used.

It should be clear as to what the reason is for buying a certain product, especially a motor vehicle, the intent is to drive it for a long durable period without running into any mishaps two days after purchasing a motor vehicle from a dealership. However, there are many instances where consumers are left in distress due to engine mishaps or even other mechanical problems after two days of purchasing a brand-new motor vehicle. This section of the Act entices that goods must be sold at good quality standards.

Section 56(1) of the Act provides that there is an implied warranty of quality on the supply of goods to a consumer from the producer or importer, distributor, and retailer which warrants that the goods comply with the standard and requirements of Section 55.

Further, section 56(2) of the Consumer Protection Act provides that within six (6) 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 then the supplier must- (a) repair or replace the failed, unsafe or defective goods; or (b) refund the consumer for the price paid by the consumer for the goods.

The Act specifically places a duty on the supplier to fix any goods that were deemed to be of good standard and quality. Therefore, the dealership is under the obligation to repair any defects on the brand-new motor vehicle if an attempt was already made to fix it through the pocket of the consumer.

It further provides that if the supplier repairs any goods within three (3) months after the repair was done and the repair or defect was not remedied or a further defect was discovered, the supplier must- (a) replace the goods; or (b) refund the consumer the price paid by the consumer for the goods.

If you require any assistance in respect of further advice, please feel free to contact our offices.

 

 

Shervona Tia Marshall
Candidate Attorney
shervona@bbplaw.attorney

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