What are my rights in respect of faulty goods?
The Sale of Goods and Supply of Services Act, 1980 gives legal rights to consumers in their dealings with retailers and service suppliers. The Act empowers consumers to take action for themselves. Most issues under the Act are civil legal matters to be dealt with between the parties to the contract.
Under the Act, goods should be:
- Of merchantable quality - the goods are of an acceptable standard
- As described - false or exaggerated claims must not be made by the seller
- Fit for intended purpose - be fit for the purpose they were bought for
- Correspond to the sample
Where goods do not conform to the above criteria, you are entitled under the Act to seek a repair, replacement or a refund.
The legislation does not specify whether it is the retailer/supplier or the customer who chooses the form of redress to be offered.
However, if a repair is offered and accepted, then it should be permanent. If not, and the same fault occurs again, then the buyer is entitled to seek another form of redress from the list.
You can also reject the retailer/supplier's offer if you wish to seek another form of redress. If you do, you may have to take the matter to the courts to have it resolved.