Suppliers that are a bit sloppy when it comes to product or service deliveries need to pick up their game to meet the requirements of the Consumer Protection Act next year.

Question of the Week: What are a consumer’s rights with respect to delivery of goods or services?
Consumers have a right to receive goods or services on the agreed date, at the agreed time and at the agreed location. They also have a right to examine all goods to make sure they are correct before taking delivery of them.

What you need to know:

• It is an implied condition of every transaction that, unless otherwise agreed, the supplier provides the goods or services on an agreed date, at the time and place agreed and at the cost of the supplier.
• The goods remain at the suppliers’ risk until the consumer has accepted delivery of them.
• When the supplier delivers the goods, they must allow the consumer a reasonable opportunity to examine the goods. (Look out for the next post in this series to find out more about your rights to return goods)
• This section does not apply to the supply of goods or services to a franchisee in terms of a franchise agreement or to a transaction that is governed by section 46 of the Electronic Communications and Transactions Act.

Interesting Fact:

• If the supplier delivers the goods at a location, date or time other than that agreed with the consumer, the consumer can:

1. Accept the delivery or performance as it occurred;
2. Require the delivery or performance at the location, date and time originally agreed, provided that that date and time have not yet passed; or
3. Cancel the agreement without penalty.
[Ch 2, Part C]

Read more about the Consumer Protection Act.