Must they repair it?
I need your help, I bought a gearbox from a certain company in Mogoditzhane end of January, took it and looked for mechanic to fit it for me and we found its leaking. I went back to the them and they said they will repair it since they are imported as second hand. They said it was fine, but after fitting again it was still leaking. They said they will repair it again and still it was leaking and I went back to them and they kept on saying they will call me back until there was lockdown.
I will appreciate your help.
I have good news for you. And some bad news. Let’s start with the bad news. People like this mechanic are the bad news. They are very good at telling stories and making up excuses for why they fail to offer you a decent service. People like him rely on the rest of us giving up after we become too frustrated.
The good news is that the law is on your side. The new Consumer Protection Act gives consumers a number of very powerful new protections One of them is your new best friend.
One thing that the Act says is that the goods we buy must be of good quality. It says that “A consumer has the right to receive goods which are of good quality, in good working order and free of defects, unless the opposite is clearly disclosed.” In your case, if the mechanic had told you that the gearbox he supplied was imperfect or likely not to work then he’d be in the clear. But he didn’t, did he?
However, not everything works perfectly, not even brand new items and Section 16 of the Act says when something goes wrong within six months of it being delivered, the consumer may return them for repair, replacement or a refund but it's up to the supplier to decide which of those to offer. That’s actually nothing new, the old Act gave us that protection. The new protection, the bit that will please you (and NOT please your mechanic) is that the law now says that if "within three months the same problem recurs" the supplier must offer either a replacement or refund. There's no second chance to offer a repair in that three months.
I suggest that you tell your mechanic this and see if he’s prepared to obey the law or maybe he’d prefer the Competition and Consumer Authority to force him to do so?
WARNINGS
Just because we’re all under lockdown, that doesn’t mean that scammers are as well. In fact, they’re still VERY busy, doing their best to steal our money. None of the techniques are new, we’ve probably all seen these things before but even if you and I have seen these scams before, that doesn’t mean our friends, family members and neighbours have. By the way, it’s not just “unsophisticated” people like you and me that fall for scams, some of the people we hear from are highly educated, smart professionals.
Several people have asked us if the emails they’ve received saying that their mailbox is full, or their mail account has been disabled, or their “account needs to be upgraded” are true. It’s simple. They’re not. These emails always include a link the recipient is asked to click on to fix the problem. That link will open a page that will look a bit like your webmail sign-on screen but in fact is a fake. If you look closely at the URL, the web site you’re visiting will have no connection to your mail provider. What the scammers want is for you to enter your email address and password. Within moments of entering your details they’ll have changed your password and will be stealing your identity and sending more scam emails from your address. Please don’t fall for it!
Unfortunately, coronavirus hasn’t killed off pyramid schemes. Two in particular are busy right now, desperately trying to recruit new victims. Crowd1 has already been outlawed in Namibia and the authorities in the Philippines, Norway and Paraguay have taken action as well, warning their people to avoid it.
Another, calling itself “Money In Crew” is identical, focussed only on recruiting other victims.
The good news is that pyramid schemes are now illegal in Botswana and promoting them or even just joining can lead to a fine of up to P100,000, five years in prison or both. Is that a risk you’re prepared to take? Is it a risk that you want the people you care about to take? Please help spread the word!
Consumer Watchdog is a (fiercely) independent consumer rights and advocacy organisation campaigning on behalf of the consumers of Botswana, helping them to know their rights and to stand up against abuse. Contact us at consumerwatchdog@bes.bw or find us on Facebook by searching for Consumer Watchdog Botswana. Everything we do for the consumers of Botswana has always been and always will be entirely free.
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