Defective goods - right to tinker (201509-11123409565) [2016] ZACGSO 4 (18 February 2016)

Defective goods - right to tinker (201509-11123409565) [2016] ZACGSO 4 (18 February 2016)

The supplier did not dispute the complainant's account that the machine was defective. Both the Consumer Protection Act and common law provide that a consumer is entitled to goods that are fit for purpose and free from defects. The complainant is not required to allow the supplier further opportunities to repair the machine. The supplier is in breach of contract and must refund the full purchase price. The supplier may collect the defective machine at its own risk and expense.

Citation
[2016] ZACGSO 4
Parties
Applicant: Complainant; Respondent: Supplier
Court
Consumer Goods and Services Ombud
Jurisdiction
South Africa
Judgment Date
18 February 2016
Case Number
201509-11123409565
Procedural Posture
Consumer Complaint / Adjudication
Outcome
Complaint upheld; supplier ordered to refund the complainant the full purchase price.
Judges
N Melville
Legal Topics
Consumer Protection Act, Implied Warranty of Quality, Defective Goods, Right to Refund
Commercial and Corporate Consumer Protection Act Implied Warranty of Quality Defective Goods Right to Refund

Case Brief

Summary, issues, holding and outcome

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Parties

Complainant

Applicant

Supplier

Respondent

Procedural Posture

Consumer Complaint / Adjudication

Legal Issues

  1. 1 Whether the supplier is obliged to refund the complainant for a defective machine.
  2. 2 Whether the complainant must allow the supplier further opportunities to repair the defective goods.
  3. 3 Whether the provisions of the Consumer Protection Act and common law entitle the complainant to cancel the transaction.

Ratio Decidendi

The supplier did not dispute the complainant's account that the machine was defective. Both the Consumer Protection Act and common law provide that a consumer is entitled to goods that are fit for purpose and free from defects. The complainant is not required to allow the supplier further opportunities to repair the machine. The supplier is in breach of contract and must refund the full purchase price. The supplier may collect the defective machine at its own risk and expense.

Court Disposition

Complaint upheld; supplier ordered to refund the complainant the full purchase price.

Orders

  • The supplier must forthwith refund the complainant the full purchase price paid for the machine.
  • The supplier may collect the machine from the complainant at its own risk and expense.