Consumer Right No. 8

What does this mean for the ordinary consumer?

Your right to demand quality service:

Consumers are entitled to the following, when entering into agreements/contracts with suppliers:
- Timely performance and completion of those services;
- Timely notice of any unavoidable delays in the performance of the services;
- High-quality services, which consumers are entitled to expect; and
- Use, delivery or installation of goods that are free of defects and of a quality that persons are generally entitled to expect, if any such goods are required for performance of the services.
Suppliers are required to remedy any defects in the quality of services performed or goods supplied; or refund the consumers a reasonable portion of the price paid for the services performed and goods supplied, in the event of these being sub-standard.

Your right to safe, good quality goods:

Consumers are entitled to receive goods or services that are of good quality, in good working order and free of any defects, and that comply with any applicable standards set under the Standards Act, No. 29 of 1993 or any other public regulation.

Your right to implied warranty of quality:

In any transaction or agreement pertaining to the supply of goods to consumers, it is an implied provision that the producer or importer, distributor and retailer each warrant that the goods comply with the requirements and standards of being safe, of good quality and durable.
Consumers are permitted to return goods to suppliers, without penalty and at the suppliers’ risk and expense, within a period of six (6) months after delivery of such goods, if the goods are of inferior quality, unsafe or defective.
Suppliers are obliged to refund, repair or replace the failed, unsafe and defective goods.
Suppliers are obliged to replace goods or refund the consumer the price paid for the goods within a period of three (3) months after repairs have been done, if the repaired goods are found to be defective, have failed or are considered unsafe.

Your right to a warranty on repaired goods:

Suppliers are obliged to warrant every new or reconditioned part installed during any repair or maintenance work, and the labour required to install it, for a period of three (3) months after the date of installation or a longer period, as the supplier may specify in writing.

NB! Warranties are null and void if consumers are found to be misusing or abusing goods or
property, while under warranty.

Your right to receive warnings on the fact and nature of risks:

Suppliers are obliged to make consumers aware of any risks of an unusual character or nature, risks of which consumers could not reasonably be expected to be aware, or which ordinarily alert consumers could not reasonably be expected to contemplate, depending on the specific circumstances or risk that could result in serious injury or death.
Suppliers are obliged to bring to the consumers’ attention notice/labelling of any hazardous or unsafe goods, and provide the consumers with adequate instructions for the safe handling and use of those goods.

Your right to recovery and safe disposal of designated products or components:

Suppliers are responsible for accepting and disposing of waste deemed unsuitable for disposal in common waste systems, if so specified in any national legislation.

Your right to have products monitored for safety and/or recalled:

Industry codes will make provision for the return/recall of hazardous, unsafe or defective goods.

Your right to claim damages for injuries caused by unsafe/defective goods:

Producers, importers, distributors or retailers of any goods are each liable for any harm caused wholly or in part, as a consequence of the following:
- Supplying any unsafe goods;
- Product failure, defect or hazard in any goods; or
- Inadequate instructions or warnings provided to the consumer pertaining to any hazard arising from or associated with the use of any goods, irrespective of whether the harm resulted from any negligence on the part of the producers, importers, distributors or retailers, as the case may be.