Bed sagging - "warrantee void due to stains" : Supplier to replace or refund (2013315222) [2013] ZACGSO 2 (24 June 2013)

Bed sagging - "warrantee void due to stains" : Supplier to replace or refund (2013315222) [2013] ZACGSO 2 (24 June 2013)

The supplier's reliance on a warranty exclusion for stains does not override the statutory rights granted to consumers under section 56(2) of the Consumer Protection Act. The defect was reported within weeks of purchase, and the supplier did not dispute that the problem arose within six months. Staining, which results from normal use, does not constitute alteration contrary to instructions and cannot be used to invalidate the consumer's right to a remedy. Even if the warranty exclusion applies after six months, it must be fair and reasonable under section 48, and excluding liability for stains that do not contribute to the defect is likely unfair. The consumer is entitled to a replacement...

Citation
[2013] ZACGSO 2
Parties
Applicant: Complainant; Respondent: Supplier (Retailer); Respondent: Manufacturer
Court
Consumer Goods and Services Ombud
Jurisdiction
South Africa
Judgment Date
24 June 2013
Case Number
2013315222
Procedural Posture
Consumer Complaint / Ombud Determination
Outcome
Supplier to provide the complainant with a replacement mattress/bed or a refund, at the complainant's choice.
Judges
N Melville
Legal Topics
Consumer Protection Act, Unfair Contract Terms, Warranty Exclusion, Return and Refund Rights
Commercial and Corporate Consumer Protection Act Unfair Contract Terms Warranty Exclusion Return and Refund Rights

Case Brief

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Parties

Complainant

Applicant

Supplier (Retailer)

Respondent

Manufacturer

Respondent

Procedural Posture

Consumer Complaint / Ombud Determination

Legal Issues

  1. 1 Whether the supplier can refuse warranty claims due to mattress stains when a defect is reported within six months of purchase.
  2. 2 Whether the warranty exclusion for stains is fair and reasonable under the Consumer Protection Act.
  3. 3 Whether the consumer is entitled to a replacement or refund for a defective bed.

Ratio Decidendi

The supplier's reliance on a warranty exclusion for stains does not override the statutory rights granted to consumers under section 56(2) of the Consumer Protection Act. The defect was reported within weeks of purchase, and the supplier did not dispute that the problem arose within six months. Staining, which results from normal use, does not constitute alteration contrary to instructions and cannot be used to invalidate the consumer's right to a remedy. Even if the warranty exclusion applies after six months, it must be fair and reasonable under section 48, and excluding liability for stains that do not contribute to the defect is likely unfair. The consumer is entitled to a replacement...

Court Disposition

Supplier to provide the complainant with a replacement mattress/bed or a refund, at the complainant's choice.

Orders

  • The supplier (retailer) must either provide the consumer with a replacement mattress/bed or a refund, at the complainant's election.
  • The supplier's warranty exclusion for stains is not enforceable in this instance.