Study Set Content:
Section 13 of the CPA
Consumer's right to select suppliers.
S13(1) of CPA A supplier may not require as a condition for supplying goods/services that the consumer must...
a) Purchase any other goods/services from supplier.
b) Enter into additional agreement/transaction with supplier/designated third party
c) Purchase any goods/services from designated third party
S13(1) of CPA A supplier may not require as a condition for supplying goods/services that the consumer must... unless the supplier...
i. Can show that the convenience outweighs the limitation to consumer’s right of choice
ii.Can show that the bundling of those goods/services results in economic benefit for consumer
iii.Offers bundled goods or services separately and at individual prices.
S13(2) of CPA Franchise agreements
Except if any other law states otherwise, the Franchisor will have a defence against S13(1) if goods/services are reasonably related to the branded products or services provided for in the franchise agreements.
Section 15 of the CPA
Pre-authorisation of repair or maintenance services
Section 15(1) This section only applies to a transaction or consumer agreement...
a) With a price value above the threshold prescribed in terms of subsection (5) which states the Minister may, by notice in the Gazette, prescribe a monetary threshold.
b) Where supplier supplies repair or maintenance service; or Installs replacement parts or components of consumer’s property and
i) Supplier takes possession of property for this purpose
ii) Consumer requests estimate BEFORE repair or maintenance
