Sleeves of leather jacket tearing off: Jacket was damaged by exposing it to heat after it was purchased (20131023880) [2013] ZACGSO 1 (2 December 2013)

Sleeves of leather jacket tearing off: Jacket was damaged by exposing it to heat after it was purchased (20131023880) [2013] ZACGSO 1 (2 December 2013)

The adjudicator found, on a balance of probabilities, that the damage to the jacket was not consistent with a manufacturing defect but rather resulted from exposure to heat after purchase. Photographic evidence supported the supplier's claim that the jacket was burnt. In terms of section 56 of the Consumer Protection Act, the implied warranty does not apply where goods are altered after leaving the supplier's control. Therefore, there is no legal basis to compel the supplier to refund the complainant. The supplier's offer to replace the sleeves and return the jacket at their cost was deemed fair and reasonable under the circumstances.

Citation
[2013] ZACGSO 1
Parties
Applicant: Complainant; Respondent: Simply Brands
Court
Consumer Goods and Services Ombud
Jurisdiction
South Africa
Judgment Date
2 December 2013
Case Number
20131023880
Procedural Posture
Consumer Complaint / Adjudication
Outcome
Complaint dismissed; supplier's offer to repair accepted as fair.
Judges
Bonita Hughes
Legal Topics
Consumer Protection Act, Implied Warranty of Quality, Goods Damaged After Delivery
Commercial and Corporate Consumer Protection Act Implied Warranty of Quality Goods Damaged After Delivery

Case Brief

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Parties

Complainant

Applicant

Simply Brands

Respondent

Procedural Posture

Consumer Complaint / Adjudication

Legal Issues

  1. 1 Whether the damage to the leather jacket was due to a manufacturing defect or consumer neglect.
  2. 2 Whether the supplier is legally obliged to refund the complainant under the Consumer Protection Act.
  3. 3 Whether the supplier's offer to repair or replace the sleeves constitutes a fair remedy.

Ratio Decidendi

The adjudicator found, on a balance of probabilities, that the damage to the jacket was not consistent with a manufacturing defect but rather resulted from exposure to heat after purchase. Photographic evidence supported the supplier's claim that the jacket was burnt. In terms of section 56 of the Consumer Protection Act, the implied warranty does not apply where goods are altered after leaving the supplier's control. Therefore, there is no legal basis to compel the supplier to refund the complainant. The supplier's offer to replace the sleeves and return the jacket at their cost was deemed fair and reasonable under the circumstances.

Court Disposition

Complaint dismissed; supplier's offer to repair accepted as fair.

Orders

  • The supplier is not required to refund the complainant for the jacket.
  • The supplier must replace the sleeves and return the jacket to the complainant at their cost.