Housing Development Agency Act, 2008
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 2 : Fundamental Consumer RightsPart C : Consumer's right to choose19. Consumer’s rights with respect to delivery of goods or supply of service |
| 1) | This section does not apply to- |
| a) | the supply of goods or services to a franchisee in terms of a franchise agreement; or |
| b) | a transaction if the performance of that transaction is governed by section 46 of the Electronic Communications and Transactions Act. |
| 2) | Unless otherwise expressly provided or anticipated in an agreement, it is an implied condition of every transaction for the supply of goods or services that— |
| a) | the supplier is responsible to deliver the goods or perform the services— |
| i) | on the agreed date and at the agreed time, if any, or otherwise within a reasonable time after concluding the transaction or agreement; |
| ii) | at the agreed place of delivery or performance; and |
| iii) | at the cost of the supplier, in the case of delivery of goods; or |
| b) | the agreed place of delivery of goods or performance of services is the supplier's place of business, if the supplier has one, and if not, the supplier's residence; and |
| c) | goods to be delivered remain at the supplier's risk until the consumer has accepted delivery of them, in accordance with this section. |
| 3) | If an agreement does not provide a specific date or time for delivery of any goods or performance of any services, the supplier must not require that the consumer accept delivery or performance of the services at an unreasonable time. |
| 4) | The consumer is regarded to have accepted delivery of any goods on the earliest of the following circumstances: |
| a) | When the consumer expressly or implicitly communicates to the supplier that the consumer has accepted delivery of such goods: or |
| b) | when the goods have been delivered to the consumer, and— |
| i) | the consumer docs anything in relation to the goods that would be inconsistent with the supplier's ownership of them; or |
| ii) | after the lapse of a reasonable time, the consumer retains the goods without intimating to the supplier that the consumer has rejected delivery or them, subject to subsection (5). |
| 5) | When a supplier tenders delivery to a consumer of any goods, the supplier must, on request, allow the consumer a reasonable opportunity to examine those goods for the purpose of ascertaining whether the consumer is satisfied that the goods- |
| a) | are of a type and quality reasonably contemplated in the agreement, and meet the tests set out in section 18(3) and (4); and |
| b) | in the case of a special-order agreement, reasonably conform to the material specifications of the special order. |
| 6) | If the supplier tenders the delivery of goods or the performance of any services at a location, on a date or at a time other than as agreed with the consumer, the consumer may either— |
| a) | accept the delivery or performance at that location, date and time; |
| b) | require the delivery or performance at the agreed location, date and time, if that date and time have not yet passed; or |
| c) | cancel the agreement without penalty, treating any delivered goods or performed services as unsolicited goods or services in accordance with section 21. |
| 7) | If the supplier delivers to the consumer a larger quantity of goods than the consumer agreed to buy, the consumer may either— |
| a) | reject all of the delivered goods; or |
| b) | accept delivery of the goods, and— |
| i) | pay for the agreed quantity at the agreed rate; and |
| ii) | treat the excess quantity as unsolicited goods in accordance with section 21. |
| 8) | If the supplier delivers to the consumer some of the goods the supplier agreed to supply mixed with goods of a different description not contemplated in the agreement, the consumer may— |
| a) | accept delivery of the goods that are in accordance with the agreement and reject the rest; or |
| b) | reject all of the delivered goods. |
