Consumer Protection Act outlaws disclaimer clauses

A DISCLAIMER is any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognised relationship. It is a statement to limit liability for injury, loss or damage.

Section 42 of the Consumer Protection Act clearly and unambiguously seeks to protect a consumer in cases where a notice or provision purports to limit the risk or liability of the supplier or any person in any transaction.

It also stipulates that no supplier, service provider of goods and services, owner or occupier of a shop or other trading premises shall display or cause to be displayed any sign or notice that purports to disclaim any liability or deny any right that a consumer has under this ACT or any other laws.

Unfair contractual clauses include such words as, but not limited to – ◆ No refund, or

◆ No return, or

◆ No exchange

Other clauses include:

◆ Parcel left at owner’s risk ◆ Chengetedzai nhumbi dzenyu dzikarasika hatiripi

◆ No guarantee

◆ Use at your own risk

Displaying disclaimer clauses on parcel counters, bus tickets, receipts or in any trading premises is now a punishable offence.

Any shop or supplier found contravening Section 42 of the CPA shall be guilty of any offence and liable to a fine not exceeding Level 12 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

A consumer can still return a faulty product even if a notice of no return or no refund is displayed in the shop of purchase. Business is encouraged to operate within the provisions of the Consumer Protection Act.

For more information contact; ◆ Masamvu B 0712785866 ◆ Zisengwe R 0772659405 ◆ Masenjele C 0782344537