SCORPION ADVISES SHIRLEY ACTED TOO LATE!

The Facts 4

Shirley Crowie from Durban says that she purchased a patio set from Makro about 3 years ago.

About a month ago, she noticed that the arm rest was badly frayed and she reported this problem to the store, she says that she was informed that there was nothing that can be done to assist her as the warranty on the goods has expired.

She believes that this is a workmanship problem as the cushions on the suit still look brand new and the set is situated undercover and away from the elements. She decided to write to the Sun Defender to find out what her options are.

 What I did

 I discussed the matter with a Consumer Law specialist at SCORPION LEGAL PROTECTION

 Solution

Ordinarily our reader would have recourse in Section 55 of the Consumer Protection Act, which provides for a right to receive goods in a good  and usable condition and that are suitable for the purpose that they were purchased for.

There is also an implied warranty from the supplier, Makro, that the goods (the patio set) are of good quality and are safe. The reader has a period of 6 months from the date of delivery of the goods within which she may return the defective goods without penalty and at Makro’s risk and expense.

Makro would then be obliged to repair or replace the goods or refund the reader the price paid for the goods. The problem is that Shirley only noticed a defect on the patio set almost 3 years after she had purchased it.

In terms of the Consumer Protection Act the reader should have brought the defect to the attention of Makro within a period of six months from the date of delivery of the patio set, and because of this, she has lost the warranty which is afforded to her by the Consumer Protection Act.

Had the Shirley brought the defect to the attention of Makro within the stipulated period of 6 months, Makro would have been obliged to repair or replace or refund the reader the price paid for the patio set.  As such she does not have any recourse against Makro in terms of the Consumer Protection Act or any other common law remedies.