What does the Consumer Protection Act say about warranties, repairs, refunds and the replacement of medical equipment and consumables?
April 12, 2011 @ 4:49 pm
posted by Deon

As a provider of services to the medical industry, and a supplier of equipment and consumables to patients and therapists, it is imperative that we align ourselves with the Consumer Protection Act (CPA) regarding warranties, repairs, refunds and replacements. I have summarised some of the key points in this regard.

 

  1. The CPA implies a 6 month warranty on the safety and quality of goods
  2. Over and above this, there is a 3 month warranty on any repaired goods
  3. There is no warranty on altered goods
  4. Suppliers may be able to exclude certain defects from the warranty through expressly disclosing these specific defects prior to purchase


So here are some of the scenarios that may play themselves out:

Condition: Customer enters into a transaction following direct marketing efforts by supplier / service provider
Period in which items can be returned by the consumer: Consumer may without any reason or penalty cancel the agreement within 5 business days from delivery of goods or conclusion of agreement, whichever is later. Goods must then be returned within 10 business days
Delivery charge and risk is to theConsumer
Outcome: Full refund within 15 business days of return

Condition: Consumer has not had an opportunity to examine the goods or to rejected the delivery
Period in which items can be returned by the consumer: 10 business days if goods are not of a type and quality as expected or unsuitable for the purpose intended
Delivery charge and risk is to theSupplier
Outcome: Full refund within 15 business days of return

Condition: Some goods cannot be returned under law by reason of public health or otherwise. If the items had been altered or restored, the rights of return will not apply
Period in which items can be returned by the consumer: Consumer may return the goods within 6 months if it fails to meet safety and good quality requirements
Delivery charge and risk is to theSupplier
Outcome: Repair, replace or full refund, at the discretion of the consumer

For the full Consumer Protection Act, click here