Ask Wendy: Ombud’s about-turn on plug changing

28 July 2016 - 02:00 By Wendy Knowler
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Will changing a plug void a warranty a reader asks our consumer journalist Wendy Knowler...

Image: iStock

Roy Hodgskin wrote:

 “I recently bought a belt sander from a major national retailer in Roodepoort and after limited use, it stopped working six weeks later. They pointblank refused to honour the warranty as I had replaced the two-pin plug with a three-pin one for ease of use. I am fully aware that interfering with the sander itself would void the guarantee, but a two-pin plug and double adaptor are difficult to use outdoors. This restriction should be boldly indicated on the product or box and then no-one would ever bother to change the plug.

"Your comments would be much appreciated.”

Wendy:

The major retailers have indeed adopted this “Change the plug and lose your warranty” stance, relying on the Consumer Protection Act, which states that a consumer has the right to return a defective product within six months for their choice of a refund, replacement or repair “except where goods have been altered”.

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And the Consumer Goods & Services Ombud supported this. Last March I advised readers against removing the two-pin plug from appliances and replacing with a three-pin one, for this reason. 

At the time, Mohammed Jadwat had bought a R269 drill from Makro in Springfield, Durban and returned it a few weeks later when it broke during a small DIY task.

He wanted a credit so that he could buy a more expensive drill, but was told there was no warranty. Makro told In Your Corner: “The drill was sent to the supplier where it was found that he had modified the drill by changing the two-pin plug to a three-pin one. This meant that the warranty on the item became void."

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On receiving Hodgskin’s e-mail this week, I asked Melville whether his office still supported this stance.

I’m glad I did, because I discovered that his office recently had a change-of-heart on product alteration or “tampering", based on "academic consideration” in Juta’s Commentary on the CPA.

That publication states that the supplier's liability is only excluded insofar as the breach of the implied warranty is attributable to the alterations.

“If the breach is still attributable to an unaltered characteristic or a defect, unrelated to the alterations, a supplier may not escape liability,” Melville said.

In other words, a supplier still has to honour the CPA six-month warranty, unless the problem was caused by the changing of the plug, or whatever the alteration happens to be.

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New Zealand’s Consumer Guarantees Act takes a similar approach, Melville said. 

I will be contacting the retailer who sold Hodgskin his belt sander with this new information, and if they refuse to budge, this could be the first “alteration” case to come to the Ombud’s office since its change-of-heart.

This is great news for consumers, but bear in mind that it only applies to the first six months of a product’s life, when the CPA trumps all other warranties. From month seven, the supplier’s warranty kicks in, at which time they’d be within their rights to refuse to take responsibility for any product failure if the plug has been changed. 

* Catch Wendy on Aubrey Masango's Late Night Talk show on Talk Radio 702 and Cape Talk from 11.15pm to midnight every Tuesday.
 

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