Big mistake in signing contract - no way out

[Gemais]

I do realise that this is going to be an ongoing battle, but we are prepared for it and accepted the fact that we are trusting fools and decided not to beat ourselves up anymore and just keep on at this. We are going to send our complaint to Megan Power and the Consumer Protection Act. I will not just let it go.
I have scanned and attached their flyer. At the moment we are 1. Locked into a 60 month Contract. 2. 48hr Lead time turned into 2-3 weeks as not all was delivered on the same day. 3. Affordable Pricing ? 4. Free Device - I am paying for it? 5. No set-up Cost - I paid an installation fee. 6. This does not allow Internet.
I must mention that a Samsung Laser Printer was included in the deal, which was not necessary, but my Son is very trusting as thought he was getting a good deal.
When we were all operating from my house there were 4 of us using the phones and internet, phones and internet used all day. On our busiest month the total bill from Telkom was never more than R 1500.00 including VAT. With this system, he has no internet, pays for calls, and pays R 1958.00 ex Vat for the system.
At the moment one handset has not worked since the start. I still cannot get the contract I signed so I see what I am liable for in regards with servicing of the Printer, what is the agreement in terms of faulty handsets and everything else I need to know. I still have yet to have the 2 handsets I returned taken off the contract. We were also not told until everything was installed that we are responsible to insure the system. One quote was R 400.00 and another R 800.00 per month. At the moment it is uninsured.
To date we have heard nothing more, only to be told a technician will be sent out to see to the faulty handset.
Happy Day - it's Friday

[Gemais]

Cannot believe it, as I pressed post quick reply, the technician arrived. Handset working.

[HR Solutions]

I picked up a second hand switchboard for 4 incoming lines and 8 extensions in Cape Town for R3000. once off fee.

[flaker]

Gemais, what one has to also realise is that what was on the flyer is not necessarily what you signed a contract for. Look at it this way. Makro advertises a 30" TV with a free 3 years TV licence, with same day delivery for R999. Now when u go into Makro you are talked by a salesman into purchasing a 40" TV for R2,999. So you should not be expecting a free TV licence or a same day delivery. these are 2 separate deals.

You simply did not order what was advertised on the flyer. Am not sure if i'm making sense?

[Greig Whitton]

You simply did not order what was advertised on the flyer.

Yep, that's how I see it as well. Hopefully OP can confirm. Either way, the supplier has to provide a copy of the signed agreement.

[Houses4Rent]

Have a friend walk into their con shop and ask for a deal like yours. Then s/he ask to look at the contract. Your friend grabs it and walks out and you have a generic contract to work with for starters. This is based on the assumption that all terms and conditions where not changed when you signed it.
Or even ask the other suffering buddies you link up with what paperwork they might have.
Maybe even look at class action.

[Gemais]

Looking at it from that perspective, it is correct. I am just not happy that what they sold him what is overkill for 2 people in the office. Maybe I have been fortunate but I have never had any dealings with providers trying to sell me what would clearly not be beneficial and cost a fortune. I am going to contact everyone else who have had deals that went sour with them and try and get it out there as another warning. Thanks for all the advise, and I will carry on trying to get my contract.

[Gemais]

Thank you for weighing in, Anthony. Would you mind clarifying this bit?



My understanding is that the CPA's revenue threshold (when determining whether a juristic person is a consumer or not) won't apply here as far as cancellation of the contract is concerned. If OP is trading as a sole prop or partnership, then the business is a natural person - therefore the CPA applies regardless of turnover. If OP is trading as a CC or company, then the CPA doesn't apply regardless of turnover since Section 14 of the CPA (governing the cancellation of fixed term agreements) does not apply to juristic persons regardless of their turnover or asset value.

Thanks, I have been looking into this and I am not covered by the CPA. I have a meeting with them tomorrow to discuss the fact the my Son will soon have his first financials and if the agreement of the Rental being taken over by him will be honoured. We both know we were incredibly stupid in our dealings with them. I have been going through all the serial numbers to compare prices with other makes and have found that the PABX system and the 2 handsets are older models. The serial number on the agreement is different and so is the model on the one installed. The model of the handset we have is different to the one on the agreement.
The rental agreement has a resolution at the bottom, where it states - It is further resolved that ______________________, be and hereby authorised etc - my name was filled in afterwards by them as on the copy I eventually got from them it was not there. It was not for a signature, mine is all over the place.
The help that I am looking for now is what can I find on the net to hopefully use this to cancel the contract not falling under the CPA. I keep looking but only CPA comes up.
Any help will be appreciated.
Thanks
Amanda