QUALITY SERVICE IS NOW A MUST In the past quality service ensured repeat customers, today quality service ensures compliance with consumer legislation. One of the material issues arising out of the introduction of the Consumer Protection Act 68 of 2008 (CPA) on 1 April 2011 has been the requirements regarding quality of goods and services supplied by a supplier to a consumer. Much has been written and debated upon regarding the supply of quality goods in terms of the CPA, especially with regard to section 56, which deals with the implied warranty of quality in respect of goods, and section 61, which deals with the liability for damage caused by goods. This article seeks to examine the impact of the CPA on the supply of quality services and the rights and obligations of the consumer and supplier in this regard. Service is broadly defined in the CPA and includes, among others, specific services such as the provision of education and banking services, and/or transportation of individuals or goods, any work or undertaking performed by one person for the direct or indirect benefit of another. Section 54 of the CPA provides for the consumers right to demand quality service. What effect, practically, does this section have on the rights and obligations of a supplier and consumer in respect of the provision of quality services? The CPA requires the supplier to perform the services that it has undertaken to supply to the consumer timeously (ie on the date and time agreed upon between the consumer and supplier) and, if this not possible, to provide a consumer with a notice informing it of the delay. In addition, the services must be performed in such a manner and be of such quality that persons are generally entitled to expect. A standard of quality that one is generally entitled to expect is somewhat subjective, however, it would seem that the test would be an objective one, enquiring as to what level of quality a reasonable man in a similar position to the consumer would be entitled to expect. Furthermore, the relevant provisions of the CPA provide that goods, which may be necessary to perform the services concerned, must be free of defects and of a quality that one would generally be entitled to expect. This must not be confused with the provisions of the CPA relating to the implied warranty of quality of goods where the supplier is actually supplying those goods to the consumer. Here, one is dealing with a much more restricted provision relating to the supply of goods as it relates only to goods that are necessary for the performance of the service being provided. An example of how this provision may be applied in practice is in respect of the provision of gym services. In order for a supplier to provide the gym services to the consumer, the consumer will need to make use of the gym equipment. In this regard, the gym equipment must be free from defects and of a quality that a reasonable man would generally be entitled to expect. In addition, should it be necessary for the consumer to make available any property to the supplier for the performance of the services, the consumer has a right to receive the property back from the supplier in the same condition it was in when it was made available to the supplier. An example may be where a supplier offers lawn mowing services to a consumer, and in performing those services, uses the consumers lawnmower. Once the supplier has completed the performance
Posted on: Sat, 26 Jul 2014 14:26:35 +0000
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