Complaint: I bought a lawnmower from a second-hand shop on 14 July 2020. Within a month; I started having problems with the mower, I took it back to the supplier who examined it and fixed the problems within a day. They never fixed the problems as I started experiencing the same issues within a week and they are now charging me for repairing it. I am losing money as I bought the mower for my garden service business. What can I do?
According to Section 57 of the Consumer Protection Act 68 of 2008, a supplier:
- warrants every new or reconditioned part installed during any repair or maintenance work, and the labour required to install it, for a period of three months after the date of installation or such longer period as the supplier may specify and such warranty must be in writing
- A warranty in terms of this section is void if the consumer has subjected the part or the goods to misuse or abuse; and
- Consumers must note that the warranty does not apply to ordinary wear and tear, having regard to the circumstances in which the goods are intended to ordinarily be used.
Response from the supplier:
The lawnmower that the complainant bought is for domestic use and the information was disclosed to him when he made the purchase. Using the mower for garden services equates to abuse as the machine is overworked. The machine was initially repaired as a gesture of goodwill by the supplier.
SERVICES OFFERED BY THE OFFICE OF THE CONSUMER PROTECTOR ARE PROVIDED FREE BUT THE COMPLAINT MUST FALL WITHIN THE AMBIT OF THE OFFICE.
SHARECALL NUMBER: 0860 007 255; EMAIL: Charnette.Ferreira@dedea.gov.za.