When purchasing a product, consumers have fundamental rights
that are protected by the Consumer Protection Act 68 of 2008.
What is a defect?
A 'defect' is a material imperfection in a product that
causes the product to be less acceptable, or not useful at all, for
the purpose that you purchased it for.
What is a latent defect?
A 'latent defect' is a material defect, which was not
visible after 'reasonable' inspection. The material
imperfection must have existed when the parties entered into the
contract.
Section 55(2) of the CPA provides that; all goods must be
reasonably suitable for the purposes for which they are generally
intended, of good quality, in good working order and free of any
(not only material) defects. The goods must be useable and durable
for a reasonable period of time, having regard to the use to which
they would normally be put and to all the surrounding circumstances
of their supply.
