Consumer Protection Act, 2008 (Act No. 68 of 2008)

Chapter 2 : Fundamental Consumer Rights

Part H : Right to fair value, good quality and safety

53. Definitions applicable to this Part

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1)In this Part, when used with respect to any goods, component of any goods, or services—
a)‘‘defect’’ means—
i)any material imperfection in the manufacture of the goods or components, or in performance of the services, that renders the goods or results of the service less acceptable than persons generally would be reasonably entitled to expect in the circumstances; or
ii)any characteristic of the goods or components that renders the goods or components less useful, practicable or safe than persons generally would be reasonably entitled to expect in the circumstances;
b)‘‘failure’’ means the inability of the goods to perform in the intended manner or to the intended effect;
c)‘‘hazard’’ means a characteristic that—
i)has been identified as, or declared to be, a hazard in terms of any other law; or
ii)presents a significant risk of personal injury to any person, or damage to property, when the goods are utilised; and
d)‘‘unsafe’’ means that, due to a characteristic, failure, defect or hazard, particular goods present an extreme risk of personal injury or property damage to the consumer or to other persons.