Quality services (section 54)
When a supplier performs services, the consumer has a right to timely performance, work of a reasonable standard, defect-free goods used in the service, and the return of their property in at least as good a condition.
“When a supplier undertakes to perform any services for or on behalf of a consumer, the consumer has a right to— (a) the timely performance and completion of those services…; (b) the performance of the services in a manner and quality that persons are generally entitled to expect; (c) the use, delivery or installation of goods that are free of defects and of a quality that persons are generally entitled to expect…; and (d) the return of any property or control over any property of the consumer in at least as good a condition as it was when the consumer made it available to the supplier…”
If the supplier falls short, section 54(2) lets the consumer require the supplier to remedy the defect or refund a reasonable portion of the price.
Safe, good-quality goods (section 55)
Section 55 sets the baseline quality standard for goods. It applies to every consumer (except, as section 55(1) notes, goods bought at an auction).
“Except to the extent contemplated in subsection (6), every consumer has a right to receive goods that— (a) are reasonably suitable for the purposes for which they are generally intended; (b) are of good quality, in good working order and free of any defects; (c) will be useable 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 (d) comply with any applicable standards set under the Standards Act, 1993…”
If the consumer told the supplier the specific purpose for which they want the goods, the goods must also be fit for that purpose (s 55(3)).
The implied warranty and six-month return (section 56)
Section 56 turns the quality standard into an implied warranty given by the whole supply chain — producer or importer, distributor and retailer — that the goods meet the section 55 standard. You cannot leave it out.
“In any transaction or agreement pertaining to the supply of goods to a consumer there is an implied provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55…”
The headline right is the six-month return, with the choice of remedy belonging to the consumer.
“Within six 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 contemplated in section 55, and the supplier must, at the direction of the consumer, either— (a) repair or replace the failed, unsafe or defective goods; or (b) refund to the consumer the price paid by the consumer, for the goods.”
A “no refunds” sign does not override this. And if a supplier repairs goods but the same defect (or a new one) appears within three months of the repair, section 56(3) requires the supplier to replace the goods or refund the consumer. The warranty is in addition to any express or common-law warranty (s 56(4)).
Estimates and repair warranties (sections 15 and 57)
For repair and maintenance work, two further protections apply. First, a service provider may not charge for work the consumer has not authorised: section 15 requires an estimate (which the consumer may accept or decline) before the work is done.
“A service provider to whom this section applies, must not charge a consumer for the supply of any goods or services contemplated in subsection (1), unless— (a) the supplier or service provider has given the consumer an estimate that satisfies the prescribed requirements, and the consumer has subsequently authorised the work; or (b) the consumer, in writing, or by another recorded manner or form, has— (i) declined the offer of an estimate, and authorised the work; or (ii) pre-authorised any charges up to a specified maximum, and the amount charged does not exceed that maximum.”
Second, the parts and labour are guaranteed. Section 57 gives a three-month warranty on new or reconditioned parts fitted during repair work.
“A service provider 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 in writing.”
That warranty is void if the consumer has misused the part, and does not cover ordinary wear and tear (s 57(2)).
The end of voetstoots
A blanket “voetstoots” or “sold as is” clause is largely dead for consumer sales. You cannot use it to dodge the section 55 and 56 quality rules. The only narrow exception is section 55(6), which dis-applies the quality rights where a specific condition is disclosed and expressly accepted.
“Subsection (2)(a) and (b) do not apply to a transaction if the consumer— (a) has been expressly informed that particular goods were offered in a specific condition; and (b) has expressly agreed to accept the goods in that condition, or knowingly acted in a manner consistent with accepting the goods in that condition.”
A generic “as is” is not enough — the supplier must disclose the particular condition or defect and obtain express agreement to it. The National Consumer Tribunal has gone further, treating a blanket voetstoots clause in a consumer sale as itself prohibited conduct.
National Consumer Commission v Western Car Sales CC
“The concept of a ‘voetstoots’ sale, whereby the supplier is able to sell goods without any form of liability for any defects, whether patent or latent, whatsoever is therefore not applicable to any transactions falling under the CPA.”
Note — A National Consumer Tribunal decision, illustrating how the statutory quality regime (ss 55, 56 and 51) treats voetstoots. Tribunal rulings bind within the CPA enforcement scheme; the underlying principle flows from the Act itself.
Vonk v Willow Crest Motors CC
“Trying to illegally use the ‘voetstoots’ clause when selling cars to consumers, as a way of circumventing the provisions of the Act. The use of a voetstoots clause by a supplier in a contract of sale constitutes prohibited conduct under the Act even though the clause was removed by the Applicant before the contract was signed…”
Note — The Tribunal found the inclusion of a voetstoots clause to be prohibited conduct even though the clause had been struck out before signature.
For used-goods dealers — used cars especially — the safe course is to describe the actual condition and defects specifically and get express agreement, never to rely on a blanket “voetstoots” or “no warranties” clause. Where defective goods cause harm, a separate and non-excludable regime applies: see strict product liability under section 61.