CONSUMER PROTECTION ACT NOT APPLICABLE ACCORDING TO STAFF

My husband and I have been customers of Makro for years and your establishment has been our first choice for many purchases, but our current situation regarding a faulty LG 65" Smart Nano Super UHD LED TV, bought at Makro Bloemfontein 29/10/2017, is leaving us at wit's end. We have never felt this unsatisfied or unhappy about Makro's customer service before. The primary objective of this email is to request a fair and objective consideration regarding the third malfunction of our LG TV since November 2020. The unit is currently insured by MakroSure extended warranty, policy number 23/009290 end date 2022/10/27.

Request for due consideration and a fair solution

Herewith I am providing details regarding malfunctions of unit:

First malfunction 20 November 2020 - First report at Bloemfontein customer care 03 December 2020 - Panaservice staff review of unit (wifi and motherboard needs replacing) 14 December 2020 - Panaservice first repair of unit (wifi and motherboard replaced)

less than 3 months passed before the unit became faulty again:

Second malfunction 26 February 2021 - second time reported at Bloemfontein customer care (staff failed to log the complaint and when we followed up on 15 March 2021, there was no decision pending regarding repair/refund.) 15 March 2021 - third time reported at Bloemfontein customer care. 31 March 2021 - Panaservice staff review of unit (wifi and motherboard needs replacing) 19 April 2021 - Panaserve home visit - LG factory remote not supp****. 4 May 2021 - Panaserve home visit - wrong part supp**** by LG. 18 May 2021 - Panaserve home visit - second breakdown repair of the unit. (Wifi and motherboard replaced) - 3 months waiting for repair.

less than 3 months passed before the unit became faulty again:

Third malfunction 31 July 2021 - fourth time reported at Bloemfontein customer care 11 August 2021 - Panaservice staff review of unit (wifi and motherboard needs replacing) 13 August 2021 - Panaservice SMS received: Instruction to repair has been issued. 14 August 2021 - Visited Makro Bloemfontein, Mbali indicated she will follow up regarding refund/repair decision. 16 August 2021 - Jaco phoned (Makro Bloemfontein) and says according to the Consumer Protection Act "the unit has to be repaired three times before the option of refund/replacement can be discussed." Upon inquiry which article of the act requires three repairs, staff could not provide an answer. We have turned to the act and cannot find support for the decision regarding a mandated three-time repair. What we have found that seems to be applicable to us is the following, but we have requested feedback from the Makro store as well in this regard.

NOT PROTECTED AGAINST FAILURE OF REPAIRED PRODUCT AND SERVICE According to a staff member, we do not enjoy the protection of the CPA act because the television is under an extended warranty. Repaired parts can be faulty within 2 days after repair and we have no foot to stand on according to the act.

No. 68 of 2008: Consumer Protection Act, 2008.

Imp**** warranty of quality 56. (1) In any transaction or agreement pertaining to the supply of goods to a consumer there is an imp**** provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be. (2) Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either— (a) repair or replace the failed, unsafe or defective goods; or (b) refund to the consumer the price paid by the consumer, for the goods. (3) If a supplier repairs any particular goods or any component of any such goods, and within three months after that repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must— (a) replace the goods; or (b) refund to the consumer the price paid by the consumer for the goods. (4) The imp**** warranty imposed by subsection (1), and the right to return goods set out in subsection (2), are each in addition to— (a) any other imp**** warranty or condition imposed by the common law, this Act or any other public regulation; and (b) any express warranty or condition stipulated by the producer or importer, distributor or retailer, as the case may be. Warranty on repaired goods

57. (1) A service provider warrants every new or reconditioned part installed during any repair or maintenance work, and the labour required to install it, for a period of three months after the date of installation or such longer period as the supplier may specify in writing. (2) A warranty in terms of this section— (a) is concurrent with any other deemed, imp****, or express warranty; (b) is void if the consumer has subjected the part, or the goods or property in which it was installed, to misuse or abuse; and (c) does not apply to ordinary wear and tear, having regard to the circumstances in which the goods are intended to ordinarily be used

We would like to enquire about issuing a refund since repairs in the past have not resolved problems with the unit.

Should you have any questions or wish to contact me, my number is ***.

Kindest regards Leana Schlechter