Defective goods – what are your rights?

A person purchasing any goods from a supplier is in terms of our common law entitled to receive goods free of defects irrespective of warranties given. In addition, the Consumer Protection Act 2008 now provides for extensive remedies where consumers feel aggrieved by the quality of goods supplied.

Section 56 of the Act provides that the consumer may return the defective goods within 6 months of the purchase and the supplier is then obliged to repair the goods or refund the consumer. Should the goods not be repaired within three months of the return thereof, the consumer is entitled to a refund. Although this procedure may inconvenience a consumer somewhat, the Act provides for the retention of all common rights relating to defective goods. Consumer are therefore advised to consult an attorney for advice on how to enforce their common law rights as well as their rights in terms of the Act.