TV Screen damaged: out of warranty period (2013108327) [2014] ZACGSO 11 (3 February 2014)
- Citation
- [2014] ZACGSO 11
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Consumer Goods and Services Ombud
- Panel
- Bonita Hughes
- Case number
- 2013108327
More details
- Court
- Consumer Goods and Services Ombud
- Panel
- Bonita Hughes
- Case number
- 2013108327
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Consumer (Complainant)
ApplicantSupplier (Samsung retailer)
RespondentAmounts and remedies
- Quoted Repair Cost: ZAR 1,000
03
Procedural history
Posture
Consumer Complaint / Final Determination by Ombud
04
Questions and positions
Legal issues
- 01
Whether the supplier is obliged to repair the laptop screen free of charge after the expiry of the warranty period.
- 02
Whether the Consumer Protection Act entitles the consumer to a free repair, replacement, or refund in these circumstances.
Party arguments
- Applicant
- The consumer argued that the laptop screen malfunctioned and requested that the supplier repair the laptop at no cost, relying on the expectation of quality and durability.
- Respondent
- The supplier contended that the warranty had expired, that the warranty did not cover the screen, and that no proof of purchase was provided. The supplier offered to repair the laptop at the consumer's cost.
05
Court’s reasoning
Legal principles
- 01
Consumer Protection Act, Section 55
Section 55 of the Consumer Protection Act provides consumers with the right to safe and good-quality goods, which must be suitable for their intended purpose, of good quality, durable, and compliant with standards.
- 02
Consumer Protection Act, Section 56
Section 56 of the Consumer Protection Act entitles consumers to return goods and elect repair, replacement, or refund within six months of delivery if goods do not comply with Section 55.
06
Ratio, limits and disposition
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.
Obiter and limits
- Consumers should ensure that complaints regarding defective goods are raised within the statutory six-month period to preserve their rights under the Consumer Protection Act.
- Suppliers are entitled to exclude certain components from warranty coverage, provided such exclusions are clearly communicated.
Court disposition
Complaint dismissed. Supplier not obliged to repair the laptop free of charge.
- 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.
Source and reliance status
Consumer Goods and Services Ombud
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Consumer Goods and Services Ombud
Ruling
Time period of automatic warrantee expired (TV screen)
TV Screen damaged: out of warranty period
Complaint ref : 2013108327
Adjudicator : Bonita Hughes
Date : 3 February 2014
1. Summary of your complaint
In August 2012 you purchased a Samsung Laptop. The screen malfunctioned and you reported it to the supplier.
The supplier advised that you have to pay R1 000.00 to get the screen repaired.
You would like the get the Laptop repaired at no cost to you.
2. Summary of the supplier’s response
The supplier advised that they cannot validate the warranty on the laptop without the proof of purchase.
They also advised that the warranty does not cover the screen and you will have to pay for the repairs of the laptop.
3. Assessment
We have considered all the evidence presented by both you and the supplier and advise as follows:
You requested that the supplier repair the Laptop at no cost to you.
In terms of Section 55 of the Consumer Protection Act provides consumers with the right to safe and good-quality goods.
This section lists the requirements goods should comply with, namely:
(a) They are reasonably suitable for the purposes for which they are generally intended;
(b) They are of good quality, in good working order and free of any defects;
(c) They will be useable and durable (will last) for a reasonable period of time;
(d) They comply with the Standards Act/ other public regulations;
If the goods are not suitable for the purposes for which they are intended or otherwise fail to comply with the requirements listed in Section 55, the consumer is entitled to return them within six months of being delivered, at the supplier’s risk and expense and without penalty, and:
(a) Have the item(s) repaired; or
(b) Have the item(s) replaced; or
(c) Get a full refund of the price paid.
We noticed that the Laptop was initially purchased in August 2012. In terms of section 56 of the CPA a consumer has six months in which they can return goods and elect, to repair, replace or to get a refund.
The six month period in which you could have returned the item has since lapsed.
The store’s warrantee has also since lapsed and is no longer applicable, also note that even if the warrantee was still in effect the laptop cannot be repaired in terms of same as the guarantee does not cover the laptop screen.
4. Conclusion
Based on the above we cannot instruct the supplier to repair the goods free of charge and we can only suggest that you consider the offer by the supplier to send the Laptop for repairs at your cost.
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.