Recommendation: Timeous Delivery of Goods (20160/0009184) [2016] ZACGSO 15 (6 October 2016)

Recommendation: Timeous Delivery of Goods (20160/0009184) [2016] ZACGSO 15 (6 October 2016)

The Ombud found that the parties had entered into a valid agreement for delivery of goods by March 2016, based on explicit communications and representations by the supplier. The supplier's subsequent reliance on standard terms and conditions was rejected, as the specific delivery date had been agreed and formed the basis of the contract. The supplier failed to deliver the goods by the agreed date and did not provide updates or reasonable justification for the delay. The imposition of a 60% cancellation fee was not disclosed in any prior communication or contract and was therefore unenforceable. Section 19(6)(c) of the Consumer Protection Act entitles the consumer to cancel the agreement...

Citation
[2016] ZACGSO 15
Parties
Applicant: H; Respondent: N
Court
Consumer Goods and Services Ombud
Jurisdiction
South Africa
Judgment Date
6 October 2016
Case Number
20160/0009184
Procedural Posture
Consumer Complaint / Recommendation
Outcome
The complainant is entitled to cancel the agreement without penalty and receive a full refund.
Judges
Bonita Hughes
Legal Topics
Consumer Protection Act, Delivery of Goods, Contractual Terms, Cancellation Rights
Commercial and Corporate Consumer Protection Act Delivery of Goods Contractual Terms Cancellation Rights

Case Brief

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Parties

H

Applicant

N

Respondent

Procedural Posture

Consumer Complaint / Recommendation

Legal Issues

  1. 1 Whether the complainant was entitled to cancel the agreement due to late delivery of goods.
  2. 2 Whether the supplier could rely on standard terms and conditions to impose a cancellation fee.
  3. 3 Whether the cancellation fee was validly disclosed and enforceable under the Consumer Protection Act.

Ratio Decidendi

The Ombud found that the parties had entered into a valid agreement for delivery of goods by March 2016, based on explicit communications and representations by the supplier. The supplier's subsequent reliance on standard terms and conditions was rejected, as the specific delivery date had been agreed and formed the basis of the contract. The supplier failed to deliver the goods by the agreed date and did not provide updates or reasonable justification for the delay. The imposition of a 60% cancellation fee was not disclosed in any prior communication or contract and was therefore unenforceable. Section 19(6)(c) of the Consumer Protection Act entitles the consumer to cancel the agreement...

Court Disposition

The complainant is entitled to cancel the agreement without penalty and receive a full refund.

Orders

  • The supplier must refund the complainant the full amount paid, R4,950.00.
  • No cancellation fee may be imposed on the complainant.