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CONSUMER PROTECTION ACT
Under the South African Consumer Protection Act (CPA), the rights related to cancelling an order for locally manufactured special-make goods are as follows:
1. Special-Order Goods Exception: According to Section 17 of the CPA, the right to cancel an order does not apply to special-order goods. Special-order goods are those that a supplier was expressly or implicitly required to procure, create, or alter specifically to satisfy the consumer’s requirements or make a special build. In such cases, the consumer generally cannot cancel the order once placed.
2. Reasonable Cancellation Charges: For non-special orders, consumers may have the right to cancel advance bookings, reservations, or orders, but suppliers may impose a reasonable cancellation charge or deposit. This charge must be fair and proportionate to factors such as the nature of the goods, notice length given, and the supplier’s potential to resell or reuse the goods.
3. Cancellation without Penalty: Cancellation without penalty generally applies to goods that are not special order. If a supplier fails to deliver within agreed timeframes and the consumer cancels, the consumer is entitled to a full refund with possible interest and damages if applicable. However, for special-order goods, this right is limited, and cancellation penalties or restrictions usually apply.
4. Refund and Damages: If the supplier breaches the contract by not delivering as agreed, even for special-order goods, the consumer may still have the right to claim a refund or damages through legal means for breach of contract under general contract law principles or the CPA.
Summary for a cancelled locally manufactured special-make order:
– Consumer right to cancel the order
does not typically apply.
– Supplier may enforce reasonable cancellation fees.
– If supplier fails to deliver within agreed timelines, consumer can seek refund and claim damages.
– Written notice of cancellation is required.
– Legal recourse is available if the supplier breaches the contract.
This means in the situation of a cancelled special-make order due to supplier’s failure to deliver or provide timelines, the consumer can assert rights under breach of contract for refund and damages, but not the automatic right to cancel without penalty like with standard goods.
