Consumer Protection Act, 2008 (Act No. 68 of 2008) > Schedule 2 : Transitional provisions > 3. Application of Act to pre-existing transactions and agreements

1)	Except to the extent expressly set out in this item, this Act does not apply to—

a)	the marketing of any goods or services before the general effective date;

b)	any transaction concluded, or agreement entered into, before the general effective date; or

c)	any goods supplied, or services provided, to a consumer before the general effective date.

2)	The sections of this Act listed in the first column of the following table apply, to the extent indicated in the second column, to a pre-existing agreement between a supplier and a consumer, if that pre-existing agreement—

a)	would have been subject to this Act if this Act had been in effect at the time the agreement was made; and

b)	contemplates that the parties to it will be bound for a fixed term until a date that is on or after the second anniversary of the general effective date:

Section of Act	Extent of application to pre-existing agreement
14	Only subsections (1)(b) to (d) and (2) apply with respect to the expiry and possible renewal of the agreement, on or after the general effective date.
18 to 21	Apply only with respect to goods that are deliverable or delivered to the consumer in terms of the agreement, on or after the general effective date.
22	Applies only to a notice, document or visual representation that is required to be produced, provided or displayed to the consumer, on or after the general effective date.
25	Applies only with respect to any goods supplied to the consumer in terms of the agreement, on or after the general effective date.
26	Applies only with respect to any transactions occurring in terms of the agreement, on or after the general effective date.
31	Applies only to any purported amendment to the agreement made, on or after the general effective date
44	Applies only with respect to any goods supplied to the consumer in terms of the agreement, on or after the general effective date.
53 to 58	Apply only with respect to any goods or services supplied to the consumer in terms of the agreement, on or after the general effective date.
64(1) and (2)	Apply only to an amount paid or payable by the consumer in terms of the agreement, on or after the general effective date.
64(3) and (4)	Apply only with respect to any closure of a facility contemplated in those provisions, if it will occur on or after the effective date.
65	Applies only with respect to an amount paid or payable by the consumer, or to property that comes into the possession of the supplier, on or after the general effective date.

3)	Section 35 applies to any pre-existing loyalty programme, but only with respect to any—

a)	offer to participate in that programme, or document setting out such an offer, that is made or published on or after the general effective date;

b)	tender by a consumer, on or after the general effective date, of any loyalty credit or award in that programme as consideration for any supply of goods or services; and

c)	any supply of goods or services if, on or after the general effective date, the consumer tendered any loyalty credit or award in the programme as consideration for those goods or services.

4)	Section 61 applies to any goods that were first supplied to a consumer on or after the early effective date.

Any provision of this Act not otherwise contemplated in subitems (2) to (4) applies to any pre-existing conduct, circumstance, transaction or agreement only to the extent required to ensure proper interpretation of, or compliance with and enforcement of, the provisions that are mentioned in subitems (2) to (4).