How do we protect the consumer when it comes to non-compliant materials? The Consumer Protection Act provides an indisputable guide.
Image Credit: Freepik
With the real discussion around profitability and loss to non-compliant products and systems in plumbing, we must be aware of the Consumer Protection Act which opens with “The right of equality in consumer market”.
Whether we choose to call it “two markets” or another name, the Act makes no distinction as section, 8 – Protection against discriminatory marketing (d) states, “supply a different quality of goods or services to any person or category of persons”.
The point is reinforced with reference to section 9 of the Constitution and Chapter 2 of the promotion of Equality and Prevention of Unfair Discrimination Act.
Simply put, one cannot treat consumers differently because of their situation.
The Act is a large document, and one certainly does not wish to see members of the compliant sector of plumbing falling into the potential trap of falling foul of the Act.
Further references follow without any attempt to take anything out of context or mislead, but one should appreciate the depth of the Act:
- Product labelling and trade description. (sec 24) (2) “a person may not a) knowingly apply to any goods a trade description that is likely to mislead the consumer as to and matter implied or expressed in that trade description; or b) alter, deface cover, remove or obscure a trade description or trademark to any goods in a manner calculated to mislead consumers.
- Part H “Right to fair value, good quality and safety. Section 55, (2) “…every consumer has a right to receive goods that, a, are reasonably suitable for the purpose for which they are generally intended; b, are of good quality, in good working order and free from any defect; c, will be usable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and d, comply with any applicable standards set under the Standards Act ,1993 (Act no 29 0f 1993, or any other regulation.
- In addition to the rights set out above, if a consumer has specifically informed the supplier of the particular purpose for which the consumer wishes to acquire any goods or the use to which the consumer intends to apply those goods, and the supplier a, ordinarily offers to supply such goods or b, acts in a manner consistent with being knowledgeable about the use of those goods, the consumer has the right to expect that the goods are reasonably suitable for the specific purpose that the consumer has indicated.
- In determining whether the particular goods satisfied the requirements of the two sub sections above all of the circumstances of the supply of those goods must be considered, but not limited to –
- the manner in which, and the purposes for which the goods were marked, packaged, and displayed, the use of any trade description or mark, any instructions, or warnings with respect to the use of goods.
- the range of things that might reasonably be anticipated to be done with or in relation to the goods; and
- the time when the goods were produced and supplied.
We provide these extracts in good faith appreciating that the market is tough, and non-compliance is an unfair practice impacting of the profitability of compliant companies. Perhaps a more effective way is to tackle the non-compliance issue through the Manufacturer’s Forum linked to DTIC.
The highlighted pieces are ours to reinforce the SANS aspect and how goods are displayed i.e., non-compliant goods should not be mixed with compliant. The interpretation of the latter is each should be displayed separately if one is going to carry non-compliant goods…
