Q: My company delivered an appliance to a client which at the time of delivery was inspected by both the client and the company’s delivery personnel. The client wanted the appliance to be left on the ground floor for it to then be lifted to her apartment with a lifter. The following day the client contacted our offices to inform us that the appliance had some visible damages. Now the client is requesting a refund or a free replacement.

My company is refusing to meet the client’s request because the appliance was inspected by both her and her husband. Furthermore, a delivery note was signed by the client’s husband confirming that the appliance was delivered in good condition.

Does the client have any legal rights in this situation?

A: The Consumer Affairs Act obliges traders to provide a free remedy to consumers in situations where the goods purchased are either not as agreed in the sales contract or are not fit for the purpose for which goods of the same type are normally used. The liability of the seller remains valid for two years from the time goods are delivered to consumers.

In addition, consumer legislation stipulates that “any lack of conformity which becomes apparent within one year of the time when the goods are delivered shall be presumed to have existed at the time when the goods were delivered”. This, however, unless proved otherwise by the seller, or “unless this presumption is incompatible with the nature of the goods or with the nature of the lack of conformity”.

In view of this, if your client had the possibility to inspect the appliance and signed that it was delivered without visible defects, then if the nature of the appliance’s defect could have been caused by your client through mishandling, legally your company is not obliged to provide a free remedy.

Want to submit your own query? Write to the MCCAA.