When a product breaks, the question of liability arises. Should
the consumer, the supplier or the manufacturer carry the cost?
In South Africa, the answer is largely determined by
the Consumer Protection Act No. 68 of 2008 (the
“CPA”) and the broader legal framework governing
warranties and product quality. As consumer rights gain strength
and marketplace expectations evolve, understanding the obligations
imposed on retailers and producers has become increasingly
vital.
Warranties, both express and implied, are central to assigning
responsibility when goods fail to meet expectations. The CPA
introduced a robust statutory warranty that shields consumers,
regardless of the fine print in a store's return policy or a
manufacturer's terms and conditions. Despite this,
uncertainty persists among both consumers and businesses about how
these protections operate in practice: Who is obliged to repair or
replace defective goods and under what circumstances a refund
