Defective goods – What to do? Warranties and the three Rs |06 October 2014
As life evolves, new technological and other developments are being made in order to make our lives easier and more comfortable. As a result products are being designed and to keep up with the trends in the world of technology, consumers will be persistently shopping for themselves and loved ones.
But what are your rights when you find out that the tablet, earrings or toy you bought doesn't even last six months? The Consumer Protection Act, 2010 (CPA), Section 42 provides for any defects through a mandatory warranty of a minimum six months on all goods being sold. This same statute caters for the responsibilities of the supplier as well as the rights of the consumer.
Under the Consumer Protection Act 2010 all goods bought must be reasonably suitable for the purposes for which they are intended, and must be of good quality, in good working order and free of any defects. They must also be useable and durable for a reasonable period of time.
Hence, in the case of something new like a television, refrigerator or a car, logically this might mean that you should not encounter any problems for many years, this is the idyllic expectation of every consumer when buying any such goods as they are considered as large investments. However, the reality is very different. Most of the time the supplier chooses to apply the minimum warranty period which shall be no less than six months according to the CPA, but this however does not limit them six months. Certain renowned suppliers have since began to apply warranties for periods extending to one year or more. These extended warranties are hence subject to terms and conditions depending on the shop’s policy.
If the goods you encounter a problem with have been purchased within six months of being delivered, you are entitled to return them, and ask for one of the three remedies – the three Rs – available under the Consumer Protection Act 2010. That is a Repair, Replacement or Refund. If all the conditions under the CPA are met then the supplier must cover the costs of repairing, collecting or replacing the defective goods or refund the cost of the good in its totality.
As always, there are exceptions to the rules, and the rules around these remedies do not apply if the consumer was specifically told that the particular goods were on offer with specific condition. For example, you are offered a refrigerator at a lesser price because it had visible dents on it, and you were explicitly informed that this was due to a fall by the supplier. In the event that you accept this, it can be concluded that you also accept the fact that the refrigerator will probably not be as durable as it would normally have been had you purchased one in excellent condition.
The rules also do not apply if the goods were altered by the consumer contrary to the instructions or tampered with by the consumer as this would void the warranty. Hence, trying to fix the product first then going to the shop when your repair fails will render your warranty void, and the supplier will have every right to refuse to offer you a remedy, or he may charge you for the repair, replacement or trade of the goods.
Remember, that not every defective good allows a consumer to return goods for a refund or replacement, if it was fit for a period of time then the first remedy would be a repair. Consequently if you bought a washing machine and it worked for three months then stopped, and it was found to be defective, then, it would have to be repaired by the supplier within a period of 60 days. And if within three months of the repair the defect or unsafe feature has not been remedied or further failure, defect or unsafe feature is discovered, then you can have a replacement or refund.
In the event that the washing machine never worked, hence it was not fit for the purpose, then you are entitled to either a refund within 24 hours of return of the product or a replacement within seven days of the return of the goods.
By Naomi Louise of the Fair Trading Commission