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Post created: 11 February 2021
Knowing your rights after a repair has been done on your car is important to ensure you receive fair service from your service provider. Below are a few consumer rights that AutoZone finds important for you to know so that you can avoid further damage to your car and your wallet.
If a further failure of the product is discovered, the supplier must either replace the goods or refund the consumer.
According to Section 56 (3) of the Consumer Protection Act, No 68 of 2008.
“If a supplier repairs any particular goods or any component of any such goods, and within three months after the repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must: – (a) replace the goods; or (b) refund to the consumer the price paid by the consumer for the goods.”
If the consumer elected to have the goods repaired and the “failure, defect or unsafe feature” has not been mended after a period of three months has elapsed since the repair; or if a further defect is discovered, the supplier must either replace the goods or refund the consumer.
However, it is not clear whether it is the consumer or the supplier who may choose whether to replace or to refund. We suggest he election must be made by the consumer as this is the case in respect of section 56(2) and there is no necessity to deviate from that principle when interpreting section 56 (3).
This section also establishes a time limitation on a supplier’s attempt to repair a defect in goods. Thus, if a consumer requests that a supplier repairs goods in terms of section 56(2) (a) and after three months the repairs either have not been made or have not been made efficiently, the consumer is empowered to exercise another remedy and the supplier will not be able to declare that repairs are still in progress to try to stop the consumer from rescinding. This will prevent situations where the consumer is trapped in a cycle of repairs at the insistence of the supplier.
But don’t get too comfy just yet because the three-month period may also work against consumers…
There may be situations where a shorter period may be equitable depending on the nature of the goods, whether the goods are essential to making repairs urgent or whether it will become apparent much sooner that the supplier is unable to make the necessary repairs. Here, the legislation should adopt the formulation used in article 3(3) of the Consumer Sales Directive which states that “any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods”.
Therefore, whether you are a consumer or a supplier, you should always know your rights and how to apply the Consumer Protection Act to various situations to protect yourself from further frustration.
Please note: AutoZone The information provided on this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this article may not constitute the most up-to-date legal or other information.