Civil Claim

  • Car Warranty

    Besides your common law rights; you may well also have a civil claim against the producer, importer or distributor of that defective motor vehicle.

    The Consumer Protection Act No 68 of 2008 (CPA):

    Section 56(1):

    In our last blog, we had a look at section 55 of the CPA as it relates to the purchase of defective or damaged motor vehicles which have been bought by a consumer from a service provider.

    Today; we turn our attention to section 56 of the CPA and we will be looking at this important section over our next three blogs.

    Section 56 deals with the implied warranty of quality for all goods.

    We start off with section 56 (1) which reads as follows:

     Section 56 is headed: Implied warranty of quality:

     Section 56 (1) states; “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, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be.”

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