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The Legal Advice Office offers affordable Legal Advice as well as Legal and Paralegal Services throughout South Africa.
Our legal advice and services are based on 40 years of experience in the professional legal field. As a purely internet based legal consultancy business, we pride ourselves in personal, professional and efficient service at affordable rates and undertake to revert to our clients within 48 hours of their query being received by us.
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If the consumer has not made the election by the expiry date, the agreement will continue automatically on a month-to-month basis.
Section 14 of The Consumer Protection Act No 68 of 2008 (CPA):
In our last blog, we looked at the wording of the whole of section 14 (1) and commented on its content and the background to the section.
Today we will concentrate on section 14 (2) of the CPA and also regulation 5.
Certain TIME-SHARE AGREEMENTS are not “fixed term” agreements as they have no term.
Lease cancellations:
Section 14 of The Consumer Protection Act No 68 of 2008 (CPA):
In our last blog we looked at the wording of the whole of section 14 of the CPA and also at the full wording of regulation 5.
Today we will concentrate on section 14 (1) of the CPA.
Get insight into both the Common & Consumer Law before terminating a commercial lease agreement earlier
When one has an issue with a commercial lease agreement and especially where one wants to terminate the agreement early one has to have insight into both the Common Law and Consumer Law.
During the course of this month, we intend concentration on this aspect of consumer and commercial law.
The Consumer Protection Act No 68 of 2008 (CPA):
In the above context and as per our opening statement above; there are two important aspects of the CPA which need to be applied.
The case may be the condition stipulated by the producer or importer, distributor or retailer
The Consumer Protection Act No 68 of 2008 (CPA):
What are your rights in terms of the Common Law read together with the CPA? Section 56(4).
We have been looking at section 56 of the CPA and in our last blog dealt with section 56(3) and repairs and your rights after a repair.
We now turn our attention to section 56 (4) which deals with your residual common law rights.
If a further failure is discovered, the supplier must either replace the goods or refund the consumer.
Section 56 (3) of the Consumer Protection Act, No 68 of 2008 reads as follows:
“If a supplier repairs any particular goods or any component of any such goods, and within three months after the repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must: - (a) replace the goods; or (b) refund to the consumer the price paid by the consumer for the goods.”
Within six months after the delivery, the consumer may return the goods to the supplier, without penalty
The Consumer Protection Act No 68 of 2008 (CPA):
Section 56(2):
In our last blog, we had a look at section 56 (1) of the CPA especially 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 (2) of the CPA and we will be looking at this important section.
This is a long blog which I was initially going to do over three blogs, but have decided to complete it in one long blog so as to keep continuity. I hope you do not mind.
The reason for this is that this subsection is probably the most important when it comes to your choices in the event of you having bought a defective motor vehicle or any other product for that matter.
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.”
Your right to a repair, a refund or a replacement of a faulty vehicle and where that right comes from
What are your remedies in law and in particular in terms of the Consumer Protection Act No 68 of 2008 (CPA) and also the common law; if you have bought a vehicle which now has material defects?
At The Legal Advice Office we still get numerous queries from members of the public regarding defects in vehicles which they have recently purchased from a dealership or even from a private individual and where there are clearly material defects in the vehicle or where they have been misled as to the condition of the vehicle or were not told about previous accident damage or other material issues.
In these circumstances, the consumer has the protection of both the common law of contract and also the CPA.
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