Consumer’s rights to safe, good quality goods – Section 55

Every consumer has a right to receive goods that:

• are reasonably suitable for the purpose for which they were generally intended;
• are of good quality, in good working order and free of any defects;
• will be usable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and
• comply with any applicable standards set under the Standard Act 1993 (Act No.29 of 1993), or any public regulation.

Note: If a consumer has specifically informed the supplier of the particular purpose for which the consumer wishes to acquire any goods, or the use to which the consumer intends to apply those goods and the supplier ordinarily offers such goods or, acts in a manner consistent with being knowledgeable about the use of those goods, the consumer has a right to expect that the goods are reasonably suitable for the specific purpose that the consumer has indicated.

In determining whether any particular goods satisfied the requirements of the above, all of the circumstances of the supply of those goods must be considered including, but not limited to:

• the manner in which, and the purpose for which, the goods were marketed, packaged, and displayed, the use of the trade descriptions or mark, any instructions for, or warnings with respect to the use of the goods;
• the range of things that might reasonably relate to the goods; and
• the time when the goods were produced and supplied.

Implied warranty of quality – Section 56

In any transaction or agreement pertaining to the supply of goods to a consumer there is an implied term that the producer, importer, distributer or retailer, each warrant that the goods comply with the requirements and standards contemplated in Section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer, importer, distributor or retailer as the case may be.

Within six (6) months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards as stipulated in Section 55. Accordingly the supplier must at the direction of the consumer either:

• repair or replace the failed, unsafe or defective goods; or
• refund the consumer the price paid by the consumer for the goods.

If a supplier repairs any particular goods or any component of any such goods, and within three (3) months after that repair, failure, defect or unsafe feature has not been remedied, or a further failure, defector or unsafe feature is discovered, the supplier must:

• replace the goods; or
• refund the consumer the price paid by the consumer for the goods.

Warranty on repaired goods – Section 57

A service provider warrants every new or reconditioned part installed during any repairs or maintenance work, and the labour required to install it, for a period of three (3) months after the date of installation or such longer period as the supplier may specify in writing.

Note: A warranty in terms of Section 57:

• is concurrent with any other deemed, implied or express warranty;
• is void if the consumer has subjected the part, or the goods or property in which it was installed, to misuse or abuse; and
• does not apply to be ordinary wear and tear, having regard to the circumstances in which the goods are intended to ordinarily used.

Kindy see below some standard terms which you can alter and make use of in your return policy.

“Our 7 day exchange and refund policy:

Goods will be refunded or exchanged if returned within 7 days of purchase provided that:
the goods are unused
the goods are in their original packaging and in the same condition as when it was made available, still has all its attachments and accessories and is accompanied by the correct documentation;
Returns and exchange requests for items purchased more than 7 days will incur a 20% handling fee. However, goods that show a manufacturing defect within the first 6 months of purchase will be repaired, replaced or refunded at no cost to you.

Unwanted Goods

If the purpose for which you intended to use the goods was indicated to a salesperson who confirmed that the goods will be suitable for that specific purpose, you may return the goods within 7working days should the goods not be suitable for the purpose you anticipated and specifically indicated to the salesperson.

Spares and Electrical Parts

All spares and parts including electrical spare parts bought separately, will not be accommodated for returns is void if the consumer has subjected the part, or the goods or property in which it was installed, to misuse or abuse. All spares and parts not done by Powerdek technicians will not carry no warranty on the goods purchased

Returns:

Kindly note that should the goods be altered, misused or damaged due to negligence or normal wear and tear, the goods does not qualify for exchange, repair or refund.

Please note that in order to assess whether the goods have been damaged or what caused the failure or defect, Powerdek reserves the right to refer the returned goods to the manufacturer or authorised service centre for a technical assessment prior to replacing, refunding or repairing the goods. Kindly take note that Powerdek will provide feedback within 14 business days.

If the goods are still within the manufacturer’s warranty, the goods will be returned to the manufacturer for a repair and the manufacturer will determine whether the goods satisfy a repair or replacement in terms of the warranty.”