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Consumer Protection Act, 2008 (Act No. 68 of 2008)


South African Automotive Industry Code of Conduct

Part A

2. Definitions


The definitions in the Act will apply to the Code.


In this Code:


2.1 "ADR"

means Alternative Dispute Resolution;


2.2 "the Act"

means The Consumer Protection Act 68 of 2008 and the Regulations thereto, as amended from time to time;


2.3 "Automotive Industry"

means importers, distributors, manufacturers, retailers, franchisors, franchisees; suppliers, and intermediaries who import, distribute, produce, retail or supply passenger, recreational, agricultural, industrial, or commercial vehicles, including but not limited to passenger vehicles, trucks, motor cycles, quad cycles or, whether self-propelled or not an internal combustion propelled engine for a boat, or import, distribute, manufacture, retail or supply any completed components and/or accessories to such vehicles, and/or renders a related repair or replacement service to consumers in respect of such vehicles; and trailers, and "anyone who modifies, converts or adapts vehicles.


2.4 "the Code"

means this Code of Conduct as amended from time to time;


2.5 "days"

means business days whichis[sic] any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of South Africa from time to time;


2.6 "dealer"

means a retailer who supplies goods or services to the end-consumer;


2.7 "distributer"

in relation to any particular goods, means a person who, in the ordinary course of business—

2.7.1 is supplied with those goods by a manufacturer; and
2.7.2 in turn, supplies those goods to either another distributor or to a retailer;


2.8 "importer"

means, with respect to any particular goods, a person who brings those goods, or causes them to be brought, from outside the Republic into the Republic, with the intention of making them available for supply in the ordinary course of business;


2.9 "manufacturer"

includes a producer or importer and it means a person who:-

2.9.1 manufactures or produces goods, or causes any goods to be manufactured or produced, with the intention of making them available for supply in the ordinary course of business; or
2.9.2 by applying a personal or business name, trademark, trade description or other visual representation on or in relation to the goods, has created or established a reasonable expectation that the person is a person contemplated in clause 2.9.1;


2.10 "MIOSA"

means Motor Industry Ombudsman of South Africa, established to assist in resolving disputes that arise in terms of the Act regarding any goods or services provided by the Automotive Industry to such consumers, including suppliers who are in turn also consumers within the industry supply chain;


2.11 "motor vehicle"

means any vehicle designed or adapted for propulsion or haulage on a road by means of fuel, gas or electricity or any other means, including a motorcycle, trailer, caravan, an agricultural or any other implement designed or adapted to be drawn by such motor vehicle;


2.12 "NCC"

means the National Consumer Commission;


2.13 "NCT"

means National Consumer Tribunal;


2.14 "normal office hours"

means from 08H30 to 16H30 Monday to Thursday and 08H30 to 16H00 on Fridays;


2.15 "OEM"

means the original equipment manufacturer, and for the purposes of this code includes the distributor, importer or manufacturer as the case may be;


2.16 "trade associations"

means associations that act as a collective to represent, assist, educate and advise their members in matters of common interest;


2.17 "used vehicle"

means a motor vehicle that has been previously licensed or registered and includes demonstration (demo) vehicles but excludes a vehicle or the components thereof disposed of as scrap or utilised for parts and not saleable as an operating vehicle.