The Citizen (KZN)

Know guarantees, warranties

VOETSTOOTS: NOT ALLOWED, UNLESS IT DOESN’T FALL UNDER CONSUMER PROTECTION ACT The difference between express, manufactur­ers’ and extended warranties.

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How do you guarantee that you understand the warranty when you buy something? And does the fact that something is guaranteed make it better than other products or services? Consumers are often confused about what it really means.

The terms “guarantee” and “warranty” are described as a promise that a company will repair or replace something you buy – free of charge – within a certain period of time. It can also be a promise or assurance, especially in writing, that ensures the quality of a product or service.

However, these words are often used on the same basis as an indication that you will be fairly compensate­d if something is wrong with the product you buy.

Voetstoots

Merchants are no longer allowed to sell goods as voetstoots, where goods are sold defects and all. You can only agree to buy goods voetstoots if the transactio­n does not fall under the Consumer Protection Act (CPA) – such as the private sale of a house or car.

Consumer Protection Act

The CPA provides for the quality of goods and services in various sections. According to Article 54, you can expect a dealer to provide a service on time and for it to be completed or you must be informed in a timely manner if there is going to be a delay.

The service must be performed in the manner that you expect and all products related to it must also be of good quality and without defects. Your property should be handled with care to ensure you get it back in the same condition.

Article 55 states that you can expect that goods you buy will do what they are designed for and be of good quality, in working order and without defects.

According to Article 56, there is an implied guarantee in every transactio­n that falls under the CPA, and goods must comply with the provisions of Article 55.

The implied warranty does not apply to gifts, but the buyer of the gift can exercise his rights in terms of articles 55 and 56.

According to Article 57, repairs have a three-month warranty, but normal wear and tear and inappropri­ate consumptio­n are not covered. If, for instance, your washing machine is repaired and it has the same problem within three months, the company must replace it with one that has no defects or refund you for the repairs.

Express warranty

This is usually a clear statement about the quality, condition, performanc­e or characteri­stics of goods. The company warrants that the goods will meet the requiremen­ts of the express warranty.

Manufactur­er’s warranty

This is usually a guarantee that the product has no defects for a certain time or will otherwise be replaced or you will get your money back. For example, when a bed is guaranteed for 10 years and it breaks after five years, the company must repair it or refund your money.

Consumers must, however, remember bed warranties usually have a “guarantee” for a certain time and a “warranty” for more years. In this case, the bed is replaced or repaired for free if you complain within the guarantee period. If you complain within the warranty period, you will pay to have the bed repaired or replaced subject to conditions, such as that there must be no stains on it.

Extended warranties

This is offered when the manufactur­er’s warranty expires. You usually buy this warranty for a car or an appliance. Watch out for extended warranties and not just accept that it covers any eventualit­y.

These warranties usually also exclude wear and tear and the malfunctio­n of certain parts.

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