Page 18 - Designing Ways 280

KSA

KSA update, July 2024.

or its inception, a crucial part of grain and pattern can look different
what the KSA does has been about on a large scale than it does on a small-
Fprotecting the consumer and giving scale sample – this perceived difference
them a path to recourse. When the in scale does not necessarily mean the
Consumer Protection Act came into place sample and the product do not match. It
this took on a whole new dynamic. The is also important to note that timber and can charge the consumer a reasonable
inception of the Consumer Ombuds is stone are natural products, and there are charge when these goods are returned.
also changing the landscape of consumer naturally occurring variations in pattern, Remember that if you have been given
recourse and company accountability. colour, texture and grain that are part opportunity to examine the goods, or a
Almost two years ago the KSA undertook of the product, which cannot always sample thereof, and you refuse, you may
a process of engagement with the National be controlled by the manufacturer or be compromising this right. Also, if you
Consumer Council and the Consumer fabricator. There is a responsibility on the authorise someone to inspect the goods
Ombuds to become recognised as a consumer to understand and inspect the for you, they are deemed to be acting on
consumer organisation. materials they ask the company to work your behalf and may compromise this
To be recognised as a Consumer with. Please bear in mind that once the right. Once again remember once the
organisation would have significant goods have been installed your right to goods are installed this right falls away.
impact for our organisation. Firstly, it return them is void. The supplier must always provide a
would mean that KSA members would The consumer has a right to expect written sales record of each transaction to
not have to register and pay levies to the the supplier to deliver the goods or the consumer. Ensure you have a written
Consumer Ombuds as they are recognised perform the services on the agreed date, contract, and you sign off the drawings;
by their KSA membership. Secondly, it if any, or otherwise within a reasonable any and all changes made after the initial
would mean our rulings in mediations time after concluding the agreement, contract is signed, are to be documented
would have a formal grounding with the unless otherwise is expressly provided and signed. You will be asked to sign off
Ombuds and that the Ombuds would for in the agreement. If a fixed date for the technical drawings of your kitchen
recognise the KSA as the consumer expert delivery is given and the deadline is not and in doing this, you accept that the
for the kitchen industry. met, the consumer may either accept the design and specs are correct. Should you
In July, we received the good news that delivery or cancel the agreement without question the specs and they have been
our application had been successful and penalty. You will be given an estimated made according to drawings you have
that the KSA is now a formally recognised manufacturing and installation timeline signed off, the company is not liable.
Consumer organisation for the kitchen from the company as part of your contract. Any person performing a service
industry. As such we thought this would Please remember that if the delivery date for a consumer at their premises must
be a good chance to overview the CPA and is changed due to delays on your side – visibly display or wear some form of
how it applies the products our members or one of your other contractors, rather identification. For your own safety only
make. than by a delay on the kitchen supplier’s allow people who are clearly identifiable
Goods ordered from a kitchen side, you will have to adjust your new as working for your contractor to enter
manufacturer are considered “special- delivery date to one that works for both your home.
order goods” which means the goods are yourself and the supplier, as he cannot be
custom designed and made specifically expected to compromise other clients to Part D of the act – right to disclosure
to satisfy the consumer’s requirements. accommodate your delay. If you delay the and information: Any notice or
For special order goods, only certain delivery from the dates stipulated in the document given to a consumer must be
aspects of the Act (CPA) apply. The law as contract, then this right is void. in a plain and understandable language.
it pertains to special order goods, is not If the consumer has not had the It is a good idea to ask your contractor
really tried and tested in court and there opportunity to examine or inspect the to take you through the contract, clause
are grey areas when it comes to returning actual goods received before purchase, by clause, so you can clarify anything you
goods and refunding of monies. on delivery of the goods they are entitled don’t understand. They should also take
to inspect the goods. If on this initial you through the drawings, as once you
Part C of the act – the consumer’s inspection they find that the ‘special have signed them off you are accepting
right to choose: If a consumer has bought order’ goods do not reasonably conform that they are correct.
goods solely on the basis of a description to the specifications of the order, then
or sample, or both, the consumer can the consumer can return the goods to the Part F of the act – right to fair and
reject the goods if the goods delivered do supplier and receive a full refund. This can honest dealing: Advertisements or any
not correspond with the description given only be done within 10 business days after form of marketing to the consumer
by the supplier or the examined samples. delivery to the consumer and this right is cannot be false, misleading or deceptive.
It is important to note that a sample not available once the goods have been Remember if an offer sounds too good to
is a small piece of a product. Colour, installed. In certain instances, the supplier be true, it probably is. If, after delivery to

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