After repair (201605-0007178) [2016] ZACGSO 14 (7 July 2016)

After repair (201605-0007178) [2016] ZACGSO 14 (7 July 2016)

The Ombud found that the Consumer Protection Act limits the warranty on repaired goods to three months unless a longer period is specified in writing. The complainant's vacuum cleaner was repaired and warranted for three months, but the subsequent failure occurred after four months, outside both the statutory and...

Source-derived case information.

Citation
[2016] ZACGSO 14
Parties
Applicant: Complainant; Respondent: Supplier
Court
Consumer Goods and Services Ombud
Jurisdiction
South Africa
Judgment Date
7 July 2016
Case Number
201605-0007178
Procedural Posture
Consumer Complaint / Final Determination
Outcome
Complaint dismissed; no relief granted to the complainant.
Legal Topics
Consumer Protection Act, Warranty on Repaired Goods, Guarantee Period, Repair Liability
Commercial and Corporate Consumer Protection Act Warranty on Repaired Goods Guarantee Period Repair Liability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Complainant

Applicant

Supplier

Respondent

Procedural Posture

Consumer Complaint / Final Determination

Legal Issues

  1. 1 Whether the supplier is obliged to repair the vacuum cleaner free of charge after the expiry of the three-month warranty period.
  2. 2 Whether the complainant is entitled to a 12-month guarantee on repairs under the Consumer Protection Act.
  3. 3 Whether the supplier's offer to share repair costs is reasonable under the circumstances.

Ratio Decidendi

The Ombud found that the Consumer Protection Act limits the warranty on repaired goods to three months unless a longer period is specified in writing. The complainant's vacuum cleaner was repaired and warranted for three months, but the subsequent failure occurred after four months, outside both the statutory and written warranty periods. The supplier's refusal to repair free of charge or provide a 12-month guarantee is consistent with the Act. The supplier's offer to share the repair cost is reasonable, and the Ombud cannot compel the supplier to provide a longer warranty or free repairs. The complainant is advised to consider the supplier's offer or refer the matter to the National...

Court Disposition

Complaint dismissed; no relief granted to the complainant.

Orders

  • The supplier is not obliged to repair the vacuum cleaner free of charge.
  • The supplier is not required to provide a 12-month guarantee on repairs.