- Pre-authorisation on service, maintenance, and repair work
- Important information before starting the job
- Damages and delays
- After-service obligations
Motorists in South Africa have many rights in terms of the Consumer Protection Act (CPA) that protects them from shady practices often employed by car repair and maintenance shops.
These clauses encompass the pre-authorisation of a job, information regarding the work, quality of the work, and post-service actions that are within the legal privileges of each and every citizen.
“Knowing your basic rights and obligations as a motorist can be the game-changer when it comes to the servicing, maintaining, and even buying or selling of a vehicle,” said Jakkie Olivier, CEO of the Retail Motor Industry Organisation (RMI).
“Unfortunately, we often come across cases where motorists have little to no understanding of their basic rights and obligations, as captured in the Consumer Protection Act, and this leaves parties open to exploitation.”
Pre-authorisation on service, maintenance, and repair work
Section 15 of the CPA states that a supplier of goods and services may not charge for parts, a service, maintenance, or repairs on a vehicle without the authorisation of the consumer.
“If the retailer has proceeded without authorisation and rendered any service on a vehicle, it has acted outside of prescribed guidelines and the consumer has the right to report the retailer for dispute resolution,” said Olivier.
Furthermore, the act provides three options to consumers relating to the cost of work, including an estimate, a cut-off maximum, or a carte blanche to get the job done.
The consumer needs to elect one of these options upfront before the repairer can get to work, and once the decision is made, the car’s owner immediately becomes liable for the payment thereof.
“Be aware that an estimate is determining the possible cost when unknown factors are evident, probably due to hidden or unseen factors such as the internal components of an engine, etc…,” said Olivier.
“Although it is not a requirement of the CPA, we believe it is important that an estimate should be followed by a quote – a final document determining the cost to the car owner.”
In the event that an estimate is provided, and the consumer elects not to accept it, they will be liable for the payment of an agreed fee for the diagnosis and estimate provided.
Ideally, a quote or estimate should be in writing, but in certain circumstances, a verbal contract will also hold water.
It should be noted that a service provider to whom this section applies is not entitled to charge a consumer for preparing an estimate required in sub-section (2) (a) including:
- Any cost of performing any diagnostic work, disassembly, or re-assembly required in order to prepare an estimate
- Any damage or loss of material or parts in the course of preparing an estimate unless before preparing the estimate the service provider has disclosed the price for preparing the estimate, and the consumer has approved it.
“Once a quotation is given, no matter what may transpire thereafter, the consumer has every right to hold the service provider to the quoted amount for the quoted work,” said Olivier.
Important information before starting the job
Section 41 supports Section 15 in that it stipulates that consumers have the right to accurate information, i.e. no false, misleading, or deceptive information or representations.
In short, this means a retailer must supply accurate and correct information, to the best of its ability, during a transaction.
“This applies to providing an estimate, quote, or selling a product,” said Olivier.
“Should you have received incorrect and inaccurate information during a transaction, and you are able to show that such deception or the withholding of information, was deliberate, you have the right to report the matter to the relevant authorities for intervention and investigation.”
The RMI also has a dispute resolution process in place to assist customers that may be dissatisfied with the services rendered by its members.
“It’s for this very reason that it’s important to use an RMI-accredited repairer. That way you can be assured that there will be repercussions for services not rendered adequately,” said Olivier.
Damages and delays
Section 54 of the CPA stipulates that a retailer must inform the car owner ahead of time if the repair will take longer than initially agreed upon. If they fail to do this, the customer is within their rights to escalate the matter.
In addition to delays in the work, Section 54 of the CPA also deals with damages to the vehicle when at the shop.
“In the case where the retailer has negligently or wilfully damaged the vehicle during the repair or service, it is the responsibility of the retailer to remedy the situation, unless the consumer has signed a waiver of liability,” said Olivier.
“It is important to note that the consumer is not entitled to have the vehicle stored to a condition that is better than what prevailed prior to the damage occurring.”
Olivier stresses that difficulties in procuring parts and load-shedding have had adverse and unpredictable effects on auto repairers in recent times and could cause them to blow past the initial timeline at no fault of their own.
“The onus, however, is on the retailer to let you know if there are any unavoidable delays,” he said.
After-service obligations
According to Section 67 of the CPA, a retailer should return old or replaced parts to the owner after the job is cpompleted in the interests of transparency, and the consumer has the right to ask for it.
“It is important to note, however, that the section excludes this obligation if the work is done under warranty, insurance claim, or paid for by a third party, and of course consumables such as oil, coolant, and air conditioner gas, which needs to be disposed of by the repairer in a way that is required by law,” said Olivier.
Section 56 also says that a consumer only has six months after the delivery of any goods to return them 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, the suppliers must, at the direction of the consumer:
- Repair or replace the failed, unsafe and defective goods
- Refund the consumer the price paid by the consumer for the goods
“As an organisation that champions the rights of motorists and service providers in the motor industry, we want to see an increased awareness of these consumer rights,” said Olivier.
“It ensures better communication between consumers and service providers and ethical trading.”
Keyword: Getting a car serviced or repaired in South Africa – Your rights and responsibilities