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Thread: Guarantees and Warranties

  1. #1
    Diamond Member AndyD's Avatar
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    Jan 2010
    Cape Town
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    Guarantees and Warranties

    I purchased a computer monitor from a large dept. store about eight months ago. The monitor was a recognised brand name and came with a two year guarantee. Seven months from the date of purchase it went faulty for no apparent reason ie it wasn't dropped, bashed or abused and it wasn't a lightning strike or any other 'act of God'.

    I packaged it back up in as much of the original packaging as I still had which included the plastic bag and brand printed bubble-wrap aswell as the styrofoam box inserts along with the original cables, instruction book and drivers disk.

    The original receipt was archived at my book keepers premises so I took along my credit card slip which had the date, product, and amount paid listed n it.

    The shop refused to take this as a receipt although it was issued by them and both parties had retained a copy. They also refused to take back the product under warranty without the exact cardboard box that it had come in. The box I packaged it in was also a monitor box, just a different one.

    The matter has since been resolved but I would like to know from one of the more legal members if they were within their rights to refuse a warranty claim on those two grounds.

    If they were within their rights will this change under the new consumer protection act?
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  2. #2
    Site Caretaker Dave A's Avatar
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    Durban, South Africa
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    Up until now the terms of the warranty as set out by the supplier and accepted by the consumer in purchasing the product could not be challenged. So as long as the "demands" made of you were contained in the warranty agreement, you had to live by them.

    The Consumer Protection Act definitely changes this, although what will end up being "fair practice" is yet to be properly established.

    Sidenote: Warranties normally limit the liability of the supplier, typically reducing the recourse the consumer might have had under common law had the warranty agreement not been in place. There is a fair chance that the "fair practice" standards could end up being pretty close to those of common law currently.
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