Asked by the Customer on 02-06-2015 15:44:45
Question posted in the Consumer Protection Law category relating to Western Cape

Dear Whom it may concern
I trust that you are well.
I recently purchased a new engine for my vehicle due to the fact that mine seized.
After it was installed and once I started driving, it was brought to my attention that the engine was faulty.
I am now wanting to return the engine or have it repaired at the cost of the dealer who sold it to me, but they are refusing to exchange/refund/repair it at their cost and want to bill me for it.
It has only been 3 months and I know I am still within my legal right to request any of the above, due to the consumer protection act:
Returns under the Consumer Protection Act
4) Implied Warranty of quality.
In terms of s56 (read with s55) of the CPA, all goods sold to a consumer are sold with an implied warranty of quality, that cannot be contracted out of or revoked. The warranty gives the consumer the right to receive goods that:
are reasonably suitable for the purpose that they are intended to be used for,
are of good quality, free of defects and in good working order, and
will be durable and usable for a reasonable period of time.
If goods are found not to comply with these requirements then;
up to 6 months after receiving the goods;
the consumer can return the goods, or
get the goods replaced, or
get the goods repaired.
The consumer can do any of these things without penalty; and
at the suppliers cost.
Please can you advise if I am right in what I am saying/asking.
Thank you.
Kind regards
Brendon