The Voice - Dear Consumer's Voice

Dear Consumer's Voice

A few months ago I bought a canopy for my bakkie for P7,000 from a supplier in Gaborone. Since then it has repeatedly leaked and I have returned it each time to the suppliers to be fixed. I live in Serowe so this costs me a lot of money as well as time and inconvenience. It still leaks after all the repairs and I’ve had enough of taking it all the way back to Gaborone.

What can I do?

We think you should take it back one more time but this time don’t bring it back.

Write them a letter saying that you believe that they have failed to meet their obligations under Section 13 (1) (a) of the Consumer Protection Regulations. This states that a product or service must be of “merchantable quality” which means that it must be “fit for the purposes for which commodities of that kind are usually purchased”. Canopies for bakkies are to stop the rain and wind getting in and yours doesn’t do that so it’s not of merchantable quality. In your letter tell them that they have had several opportunities to fix the problem but you no longer believe it can be fixed. You should also tell them that if the problem isn’t with the canopy itself it is their fault for not fixing it on properly. Section 15 (1) (a) of the Regulations says that they have failed to meet minimum standards if they did not fit the canopy “with reasonable care and skill”. Either way they have let you down and failed to deliver what the law says you are entitled to.

You should politely tell them that you reject the canopy and demand a full refund. Give them perhaps 7 days to make the refund. If they haven’t given you your money back by then tell them they can have their picture in The Voice for free!