TV Screen damaged: out of warranty period (2013108327) [2014] ZACGSO 11 (3 February 2014)

TV Screen damaged: out of warranty period (2013108327) [2014] ZACGSO 11 (3 February 2014)

The Ombud found that the consumer purchased the laptop in August 2012 and the complaint was raised after the six-month period stipulated in Section 56 of the Consumer Protection Act. The statutory right to return, repair, replace, or refund goods at the supplier's risk and expense only applies within six months of delivery. As this period had lapsed, and the store warranty had also expired, the supplier was not legally obliged to repair the laptop free of charge. Furthermore, even if the warranty were still valid, the guarantee did not cover the laptop screen. Therefore, the supplier's offer to repair the laptop at the consumer's cost was reasonable and in accordance with the law.

Citation
[2014] ZACGSO 11
Parties
Applicant: Consumer (Complainant); Respondent: Supplier (Samsung retailer)
Court
Consumer Goods and Services Ombud
Jurisdiction
South Africa
Judgment Date
3 February 2014
Case Number
2013108327
Procedural Posture
Consumer Complaint / Final Determination by Ombud
Outcome
Complaint dismissed. Supplier not obliged to repair the laptop free of charge.
Judges
Bonita Hughes
Legal Topics
Consumer Protection Act, Warranty Exclusion, Goods Quality, Return and Refund Rights
Commercial and Corporate Consumer Protection Act Warranty Exclusion Goods Quality Return and Refund Rights

Case Brief

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Parties

Consumer (Complainant)

Applicant

Supplier (Samsung retailer)

Respondent

Procedural Posture

Consumer Complaint / Final Determination by Ombud

Legal Issues

  1. 1 Whether the supplier is obliged to repair the laptop screen free of charge after the expiry of the warranty period.
  2. 2 Whether the Consumer Protection Act entitles the consumer to a free repair, replacement, or refund in these circumstances.

Ratio Decidendi

The Ombud found that the consumer purchased the laptop in August 2012 and the complaint was raised after the six-month period stipulated in Section 56 of the Consumer Protection Act. The statutory right to return, repair, replace, or refund goods at the supplier's risk and expense only applies within six months of delivery. As this period had lapsed, and the store warranty had also expired, the supplier was not legally obliged to repair the laptop free of charge. Furthermore, even if the warranty were still valid, the guarantee did not cover the laptop screen. Therefore, the supplier's offer to repair the laptop at the consumer's cost was reasonable and in accordance with the law.

Court Disposition

Complaint dismissed. Supplier not obliged to repair the laptop free of charge.

Orders

  • The supplier is not required to repair the laptop free of charge.
  • The consumer may accept the supplier's offer to repair the laptop at their own cost.