iWYZE

Insure your car, home and valuables with iWYZE

Shortchanged by the warranty


appliances repair

Tiro Ramatlhatse

What happens when goods fail within six months of purchase and are then replaced under the CPA? Picture: Tiro Ramatlhatse

Here’s a question which has sparked many a debate: if you have a item replaced under warranty, does the replacement item come with a full warranty, or the balance of the warranty of the item it replaced?

For years it’s been standard practice for the replacement to “inherit” the balance of the original, failed item’s warranty, which has irked consumers, who expect the replacement to have the same warranty as the original.

For example, a reader wrote to me recently about his geyser issue.

He’d had a new geyser installed in March 2010 as a replacement for a geyser – originally installed in 2006 – which had failed during its five-year warranty period.

“Apparently,” he told Consumer Alert, “when a geyser is replaced under warranty, a code is written on the cylinder to indicate the date of installation, as well as the date of the original installation.

“According to both the plumber and the insurance assessor, the five-year warranty period runs from 2006 to 2011.

“The fact that the geyser was replaced under warranty in 2010 is irrelevant to them.

“The bottom line is that I received no five-year guarantee for the geyser installed in March 2010, and as the five-year warranty on the original geyser expired in 2011, I now have to pay… for a new geyser”.

To him, this was “legal trickery at best – after all, there is a huge sticker on the geyser which says “five-year warranty when installed by a qualified technician”.

Just after the Consumer Protection Act (CPA) came into effect last April, I received an e-mail from a woman who’d bought an iron, which came with a one-year guarantee.

Five months later, it stopped working.

“So I took it back to the supermarket and they gladly swopped it for me, but they put the new iron into the old box with the date I bought the original iron on it. This confuses me because it is a brand new iron, but only guaranteed for the next seven months.

Stamped

“Should they not have stamped the new box with today’s date to give me the full year’s guarantee?”

And then last week, Viv Menhard posed the same question, hypothetically, in his case.

“If I buy a product that turns out to be faulty within the CPA’s six-month ‘implied warranty’ period, say, after four months, and I return it for a replacement, would the replacement then have a new six-month return policy, or would there only be the balance of two months?”

So I thought it was time to seek a legal opinion on this issue, specifically pertaining to cases where goods fail within six months of purchase and are then replaced, given that this period now falls under the CPA when it comes to remedies for defective goods.

Tarah King, of the Cape Town-based consumer law firm Robertson Teuteberg Kirk, obliged.

“We are of the view that the answer to this question can be found in section 46 (2) (a) of the CPA, which deals with substitution of goods,” she said.

“The replacement of defective goods, in our view, clearly constitutes substitution.”

And that section states that the substituted goods will be governed by the same terms and conditions as that which governed the transaction of the original defective goods.

“From the date of delivery of the substituted goods, the transaction applies to the substituted goods rather than the goods originally described.”

What this means, King says, “is that the replaced goods, like the original defective goods, will come with a full six-month CPA implied warranty, which comes into effect from the date of delivery of the substituted goods”.

An additional argument could be made that the replacement of goods constituted an exchange, which fell within the definition of “supply”, she said.

“It is a requirement that there be a ‘supply’ of goods in order for the six-month CPA warranty to come into effect.”

But, like so many other aspects of the CPA, this one remains open to interpretation until the Consumer Tribunal or a court makes a finding in this regard.

“We are of the view, particularly having consideration for the argument based on substitution, that all replaced goods should come with a six-month CPA implied warranty as afforded in terms of section 56,” King said.

Remember, if an item fails more than six months after purchase, and is replaced under warranty, the CPA doesn’t apply.

If you’ve recently had the “balance of warranty” applied to an item which was replaced within six months of purchase, please let me know.


sign up
 
Newspaper Subscriptions
potentialdifference
I'm a 24 year old woman looking to meet men between the ages of 25 and 45.
View Profile
RambleOn
I'm a 36 year old woman looking to meet men between the ages of 38 and 48.
View Profile
MssLee
I'm a 29 year old woman looking to meet men between the ages of 30 and 40.
View Profile
honeydrops
I'm a 21 year old woman looking to meet men between the ages of 23 and 28.
View Profile
1993
I'm a 20 year old woman looking to meet men between the ages of 20 and 38.
View Profile
Soulmateseeker_931
I'm a 50 year old woman looking to meet men between the ages of 40 and 55.
View Profile
Ans15
I'm a 44 year old woman looking to meet men between the ages of 35 and 50.
View Profile
Annie426
I'm a 23 year old woman looking to meet men between the ages of 22 and 32.
View Profile
confidence746
I'm a 44 year old woman looking to meet men between the ages of 40 and 55.
View Profile
mazet23
I'm a 27 year old woman looking to meet men between the ages of 26 and 37.
View Profile
spoonkie
I'm a 23 year old woman looking to meet men between the ages of 27 and 35.
View Profile
Main
I'm a 52 year old woman looking to meet men between the ages of 45 and 70.
View Profile
Nonopie
I'm a 28 year old woman looking to meet men between the ages of 27 and 35.
View Profile
Taya_38
I'm a 38 year old woman looking to meet men between the ages of 32 and 45.
View Profile
Fragileheart050
I'm a 37 year old woman looking to meet men between the ages of 37 and 45.
View Profile
hmz
I'm a 30 year old woman looking to meet men between the ages of 30 and 40.
View Profile
N0nat
I'm a 27 year old woman looking to meet men between the ages of 30 and 35.
View Profile
vicky4christ
I'm a 28 year old woman looking to meet men between the ages of 32 and 45.
View Profile
codelyne
I'm a 25 year old woman looking to meet men between the ages of 27 and 35.
View Profile
Phumi900
I'm a 29 year old woman looking to meet men between the ages of 28 and 50.
View Profile
LouBean
I'm a 37 year old woman looking to meet men between the ages of 33 and 49.
View Profile
mako_001
I'm a 34 year old woman looking to meet men between the ages of 35 and 70.
View Profile
Stheh123
I'm a 22 year old woman looking to meet men between the ages of 25 and 30.
View Profile
Sweetlipsss627
I'm a 20 year old woman looking to meet men between the ages of 25 and 50.
View Profile
Sweetpea1977
I'm a 36 year old woman looking to meet men between the ages of 34 and 48.
View Profile
Lynelle
I'm a 41 year old woman looking to meet men between the ages of 40 and 45.
View Profile
Blaq_chic
I'm a 25 year old woman looking to meet men between the ages of 25 and 45.
View Profile
abbygail_016
I'm a 22 year old woman looking to meet men between the ages of 28 and 35.
View Profile
lavenderyellow
I'm a 39 year old woman looking to meet men between the ages of 35 and 43.
View Profile
sugarplumgal
I'm a 32 year old woman looking to meet men between the ages of 30 and 45.
View Profile
mtshali074
I'm a 22 year old woman looking to meet men between the ages of 25 and 58.
View Profile
Feist
I'm a 53 year old woman looking to meet men between the ages of 50 and 59.
View Profile
letsdothis11
I'm a 28 year old woman looking to meet men between the ages of 29 and 45.
View Profile
ONTHA_042
I'm a 31 year old woman looking to meet men between the ages of 30 and 45.
View Profile
Eve001
I'm a 63 year old woman looking to meet men between the ages of 60 and 65.
View Profile
phatmadam
I'm a 28 year old woman looking to meet men between the ages of 34 and 42.
View Profile
lulubaby
I'm a 32 year old woman looking to meet men between the ages of 30 and 70.
View Profile
Goldengirl665
I'm a 25 year old woman looking to meet men between the ages of 25 and 35.
View Profile
bridget396
I'm a 22 year old woman looking to meet men between the ages of 25 and 30.
View Profile
lonelylady1966gct
I'm a 47 year old woman looking to meet men between the ages of 50 and 60.
View Profile
Waitnomore
I'm a 41 year old woman looking to meet men between the ages of 40 and 50.
View Profile
Charmaine001
I'm a 29 year old woman looking to meet men between the ages of 32 and 45.
View Profile
Lol04
I'm a 30 year old woman looking to meet men between the ages of 30 and 35.
View Profile
nhk
I'm a 51 year old woman looking to meet men between the ages of 45 and 54.
View Profile
SalvaDahl
I'm a 35 year old woman looking to meet men between the ages of 34 and 45.
View Profile
destinyrider
I'm a 39 year old woman looking to meet men between the ages of 34 and 48.
View Profile
Zuluwoman
I'm a 38 year old woman looking to meet men between the ages of 35 and 100.
View Profile
Miss_B_183
I'm a 26 year old woman looking to meet men between the ages of 30 and 40.
View Profile
Exoticlove444
I'm a 34 year old woman looking to meet men between the ages of 30 and 50.
View Profile
Coret
I'm a 37 year old woman looking to meet men between the ages of 18 and 100.
View Profile
Immaculate8m
I'm a 26 year old woman looking to meet men between the ages of 28 and 48.
View Profile
violet_222
I'm a 45 year old woman looking to meet men between the ages of 40 and 53.
View Profile
ntando_784
I'm a 33 year old woman looking to meet men between the ages of 40 and 50.
View Profile
YoungAtHeartWoman
I'm a 39 year old woman looking to meet men between the ages of 35 and 49.
View Profile
Dea_
I'm a 47 year old woman looking to meet men between the ages of 45 and 52.
View Profile
Pinksnowie
I'm a 23 year old woman looking to meet men between the ages of 25 and 45.
View Profile
BabaORiley
I'm a 27 year old woman looking to meet men between the ages of 28 and 32.
View Profile
Azanda
I'm a 30 year old woman looking to meet men between the ages of 30 and 45.
View Profile
Doodlebug106
I'm a 23 year old woman looking to meet men between the ages of 20 and 35.
View Profile
Pennym
I'm a 28 year old woman looking to meet men between the ages of 25 and 45.
View Profile
tmay
I'm a 36 year old woman looking to meet men between the ages of 37 and 42.
View Profile
NeLaairR
I'm a 19 year old woman looking to meet men between the ages of 19 and 23.
View Profile
livinglife22
I'm a 31 year old woman looking to meet men between the ages of 32 and 45.
View Profile
Sedy001
I'm a 32 year old woman looking to meet men between the ages of 30 and 45.
View Profile
Gellyireneshuro
I'm a 26 year old woman looking to meet men between the ages of 30 and 45.
View Profile
kaer
I'm a 21 year old woman looking to meet men between the ages of 23 and 28.
View Profile
JhbNewby
I'm a 27 year old woman looking to meet men between the ages of 27 and 37.
View Profile
mamagti
I'm a 31 year old woman looking to meet men between the ages of 30 and 45.
View Profile
tranquility_01
I'm a 29 year old woman looking to meet men between the ages of 31 and 38.
View Profile
Kelly_166
I'm a 22 year old woman looking to meet men between the ages of 27 and 34.
View Profile
Tro55
I'm a 29 year old woman looking to meet men between the ages of 30 and 50.
View Profile
Afrochic_885
I'm a 22 year old woman looking to meet men between the ages of 28 and 35.
View Profile
riscilla
I'm a 22 year old woman looking to meet men between the ages of 25 and 45.
View Profile
Washe
I'm a 36 year old man looking to meet women between the ages of 25 and 33.
View Profile
Loxman
I'm a 43 year old man looking to meet women between the ages of 20 and 60.
View Profile
2282B
I'm a 47 year old man looking to meet women between the ages of 29 and 37.
View Profile
whynt
I'm a 28 year old man looking to meet women between the ages of 25 and 45.
View Profile
lihle001tt
I'm a 44 year old man looking to meet women between the ages of 25 and 45.
View Profile
Aquadux
I'm a 59 year old man looking to meet women between the ages of 49 and 55.
View Profile
obasol
I'm a 35 year old man looking to meet women between the ages of 25 and 45.
View Profile
proguyfound
I'm a 49 year old man looking to meet men between the ages of 18 and 57.
View Profile
makano
I'm a 33 year old man looking to meet women between the ages of 18 and 40.
View Profile
Mananco10
I'm a 26 year old man looking to meet women between the ages of 18 and 45.
View Profile
spurwing921
I'm a 43 year old man looking to meet women between the ages of 25 and 45.
View Profile
KING1st
I'm a 35 year old man looking to meet women between the ages of 18 and 28.
View Profile
arboh
I'm a 27 year old man looking to meet women between the ages of 18 and 30.
View Profile
adonikam
I'm a 66 year old man looking to meet women between the ages of 50 and 65.
View Profile
Thabo526
I'm a 32 year old man looking to meet women between the ages of 28 and 45.
View Profile
raile
I'm a 33 year old man looking to meet women between the ages of 20 and 37.
View Profile
charged
I'm a 39 year old man looking to meet women between the ages of 25 and 35.
View Profile
Tshepon
I'm a 36 year old man looking to meet women between the ages of 25 and 32.
View Profile
Net01
I'm a 37 year old man looking to meet women between the ages of 25 and 37.
View Profile
etr366
I'm a 42 year old man looking to meet women between the ages of 18 and 100.
View Profile
Takeme
I'm a 43 year old man looking to meet women between the ages of 18 and 100.
View Profile
Arcane77
I'm a 46 year old man looking to meet women between the ages of 28 and 46.
View Profile
Mpko
I'm a 47 year old man looking to meet women between the ages of 30 and 38.
View Profile
mgiji
I'm a 42 year old man looking to meet women between the ages of 25 and 35.
View Profile
paris1988
I'm a 25 year old man looking to meet women between the ages of 18 and 29.
View Profile
Fiba01
I'm a 28 year old man looking to meet men between the ages of 18 and 45.
View Profile
Chibode
I'm a 37 year old man looking to meet women between the ages of 24 and 35.
View Profile
mxova_0506
I'm a 33 year old man looking to meet women between the ages of 20 and 35.
View Profile
Castorjhb
I'm a 45 year old man looking to meet women between the ages of 35 and 46.
View Profile
loverboyyenu
I'm a 40 year old man looking to meet women between the ages of 27 and 45.
View Profile
Gigson
I'm a 39 year old man looking to meet women between the ages of 23 and 36.
View Profile
Kwenzo
I'm a 41 year old man looking to meet women between the ages of 35 and 50.
View Profile
adiedee
I'm a 49 year old man looking to meet women between the ages of 27 and 45.
View Profile
cocoti13
I'm a 43 year old man looking to meet women between the ages of 36 and 65.
View Profile
holatumza
I'm a 43 year old man looking to meet women between the ages of 18 and 100.
View Profile
nihurt
I'm a 58 year old man looking to meet women between the ages of 45 and 60.
View Profile
Procrastination_082
I'm a 42 year old man looking to meet women between the ages of 20 and 31.
View Profile
javas2298
I'm a 43 year old man looking to meet women between the ages of 25 and 45.
View Profile

Business Directory