Warranty and Returns Policy
NOTICE IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT, NO. 68 OF 2008, AS AMENDED (the “CPA”)
The following provisions are specifically drawn to the attention of the Customer, where the CPA applies to this Warranty, Return and Refund Policy (“Policy”):
Nothing contained in this Policy is intended to exclude, restrict or limit any right or remedy afforded to a Customer in terms of the CPA or any other applicable law where such right or remedy may not lawfully be excluded, restricted or limited.
1.1 Introduction
1.1.1 Lights By Linea (Pty) Ltd (“the Company”) is steadfast in its commitment to supplying products that are free from defects in materials and workmanship to you (“the Customer”).
1.1.2 The Company’s warranty obligations in respect of any product purchased by a Customer (the “Product”) shall be limited to the terms set forth in this Policy, subject always to any rights afforded to the Customer under applicable law.
1.1.3 To the extent required, this Policy shall comply with, and shall be subject to, any peremptory provisions of the CPA and the regulations promulgated thereunder (“Regulations”), which are deemed to be incorporated herein (collectively, “Peremptory Provisions”). In the event of any conflict between this Policy and the Peremptory Provisions, the latter shall prevail.
1.1.4 Each paragraph, clause, term and provision of this Policy shall be regarded as severable and, if any provision is held to be invalid, unlawful or unenforceable in terms of any applicable law, regulation or final binding judgment, such invalidity shall not affect the remaining provisions, which shall continue to be of full force and effect.
1.2 Warranty Duration
1.2.1 Products supplied by the Company are subject to varying warranty periods ranging from twelve (12) to sixty (60) months. The applicable warranty period shall be determined with reference to the relevant Product data sheet or other written Product documentation issued by the Company.
1.2.2 In addition to its standard Product warranties, the Company extends a one (1) year workmanship warranty in respect of LED strip installations undertaken by the Company, calculated from the date of commissioning.
1.2.3 The warranties contemplated in this clause are in addition to, and not in substitution for, any statutory warranty that may apply in terms of the CPA.
1.3 Repair and Warranty Period
1.3.1 Subject to applicable law, the Company’s express Product warranty period shall remain calculated from the date of the original invoice and shall not automatically recommence following the repair or replacement of a Product.
1.3.2 Notwithstanding clause 1.3.1, where the CPA applies, any repair performed by the Company shall remain subject to the statutory warranty applicable to repaired goods in terms of the CPA.
1.4 Third-Party Products Distributed by the Company
1.4.1 The Company shall, where reasonably practicable, identify Products supplied by third-party manufacturers or suppliers and distributed by the Company (“Third-Party Products”).
1.4.2 Third-Party Products may additionally be subject to the manufacturer’s or supplier’s own warranty terms.
1.4.3 Where appropriate, the Company may assist the Customer in submitting a warranty claim to the relevant manufacturer or supplier.
1.4.4 Nothing contained in this clause shall exclude or limit any statutory right which the Customer may have against the Company, the producer, importer, distributor or retailer under the CPA or any other applicable law.
2.1 Where any transaction between the Customer and the Company is subject to the CPA, the provisions of the CPA shall govern the application of any warranty limitation or exclusion, and this clause 2 shall apply only to the maximum extent permitted by law.
2.2 Subject to applicable law, and excluding any liability which may not lawfully be limited or excluded, the Company shall not be liable for indirect, incidental, special or consequential damages arising from or in connection with a Product or warranty claim.
2.3 Subject to applicable law, and excluding any liability which may not lawfully be limited or excluded under the CPA, any purely contractual claim against the Company in respect of a Product shall be limited to the amount paid by the Customer for the Product concerned.
2.4 The Company shall not be liable under its express warranty where the damage, deterioration or failure of the Product arises from circumstances including, but not limited to:
2.4.1 Acts of God, including lightning, flooding, fire, storms or other natural disasters;
2.4.2 Abuse, misuse, neglect or improper or unauthorised modification or adjustment of the Product;
2.4.3 Unusual, unsuitable or extreme operating conditions;
2.4.4 Voltage surges or electrical disturbances;
2.4.5 Overloading of electrical systems;
2.4.6 Faulty wiring;
2.4.7 Power failures or interruptions;
2.4.8 Switching between the electrical grid and backup power sources, generators or other non-final or unstable power supplies;
2.4.9 Normal wear and tear;
2.4.10 Transportation arranged by or on behalf of the Customer where damage occurs after the Product has left the Company’s control;
2.4.11 Accidents;
2.4.12 Use of the Product outside its intended or specified application;
2.4.13 Improper or inadequate maintenance;
2.4.14 Exposure to water, moisture, lubricants, chemicals or other substances capable of damaging electronic components or other Product components; or
2.4.15 Negligence, including improper installation or installation undertaken by unqualified or unauthorised persons.
2.5 The exclusions contained in clause 2.4 shall not apply where the alleged cause of failure is not attributable to the Customer or a third party and the Customer is entitled to a statutory remedy under the CPA.
3.1 Where any transaction between the Customer and the Company is subject to the CPA, the return of non-defective Products shall remain subject to any mandatory rights afforded to the Customer under the CPA, including section 20. Nothing in this clause 3 is intended to limit any statutory right of return which may apply. Section 20 expressly preserves statutory return rights in defined circumstances, including certain direct-marketing, examination, delivery and particular-purpose situations. Government of South Africa
3.2 Subject to clause 3.1, where the Customer seeks to return a non-defective Product under the Company’s voluntary return policy, the following requirements shall apply:
3.2.1 Return Window:
Non-defective Products may be returned within thirty (30) days from the date of purchase, subject to compliance with the requirements set forth in this clause 3.
3.2.2 Condition:
Products must be unused, undamaged, in a resalable condition and retained in their original packaging, together with all accessories, manuals, components and other items originally supplied with the Product.
3.2.3 Proof of Purchase:
The Customer shall provide the relevant invoice, receipt or other satisfactory proof of purchase.
3.2.4 Handling Fees:
Save where prohibited by law, no handling fee shall ordinarily apply where an eligible standard-stock Product is returned and exchanged for another Product. Notwithstanding the aforegoing, local buy-out Products procured from third-party suppliers may be subject to a handling fee of up to twenty percent (20%), where such fee is reasonable and has been disclosed to the Customer.
3.2.5 Special-Order Products:
For purposes of this Policy, “Special-Order Products” means Products which the Company was expressly or implicitly required or expected to procure, import, manufacture, create, modify, customise or alter specifically to satisfy the Customer’s particular requirements.
3.2.6 Specially Imported Products:
Products specifically imported or specially procured for a Customer are not returnable or refundable for change-of-mind purposes, provided that such Products conform to the agreed specifications and are not defective or otherwise subject to a statutory right of return.
3.2.7 Specially Manufactured or Customised Products:
Products which are specially manufactured, modified, customised, cut, assembled or otherwise produced to the Customer’s particular specifications are not returnable or refundable for change-of-mind purposes, provided that such Products conform to the agreed specifications and are not defective or otherwise subject to a statutory right of return.
3.2.8 Sale or Discounted Products:
Products purchased during sale, clearance or promotional periods shall not automatically be excluded from statutory rights under the CPA. However, where the Company elects to offer a voluntary change-of-mind return policy, sale or clearance Products may be excluded from that voluntary policy, provided that such exclusion is clearly disclosed prior to purchase.
3.2.9 Installed or Altered Products:
Products which have been installed, permanently affixed, altered, cut, modified, combined with other goods or otherwise changed after delivery may not qualify for return under the Company’s voluntary return policy, subject always to any statutory rights of the Customer.
4.1 Where any transaction between the Customer and the Company is subject to the CPA, sections 55 and 56 of the CPA shall govern the return of defective Products. In particular, where goods fail to satisfy the applicable statutory standards within six months of delivery, the Customer may return the goods without penalty and at the supplier’s risk and expense and may direct the supplier to repair, replace or refund the goods. Government of South Africa
4.2 The following procedural guidelines shall apply to defective Product claims:
4.2.1 Contacting the Company:
The Customer shall initiate the return process by contacting the relevant Lighting Consultant by telephone on (021) 511 6116 or by email. The Customer should provide a detailed description of the fault together with the relevant invoice, receipt or other proof of purchase.
4.2.2 Initial Assessment:
The Company may request photographs, videos, installation information, electrical information or other reasonable supporting documentation in order to assess the reported fault.
4.2.3 Shipping Defective Products:
Where the CPA does not require the Company to bear the cost of return, the Customer may be required to arrange delivery of the Product to the Company’s premises for technical assessment.
4.2.4 Onsite Assessment:
In respect of project-related Products, the Company may arrange for a technical assessment to be conducted onsite within a fifty (50) kilometre radius of the Company’s head office, subject to receipt of all information reasonably required to assess the claim.
4.2.5 Remedial Action:
Where a statutory remedy applies, the remedy shall be determined in accordance with the CPA. Where only the Company’s express warranty applies, the Company may, subject to applicable law and the terms of that warranty, repair or replace the Product or defective component.
4.2.6 Products Found to be Operational:
Where a Product is assessed and found to be in proper working order and no defect is identified, the Customer shall be entitled to collect or receive the Product.
4.2.7 Accessories and Components:
The Customer should return all accessories and components reasonably necessary for the Company to assess, repair or replace the Product. The absence of an accessory shall not be used to defeat a statutory claim where that accessory is not relevant to the defect or assessment.
4.2.8 Freight Costs:
Where a valid statutory claim under the CPA requires the supplier to bear the return cost, such freight costs shall be borne by the Company. In other cases, freight allocation shall be determined in accordance with this Policy and applicable law.
4.2.9 Non-Defective or Invalid Claims:
Where a returned Product is found to be non-defective, or where the claim falls outside the applicable warranty and no statutory remedy applies, the Company may recover reasonable freight, testing and handling costs from the Customer, provided that such charges are lawful and reasonable in the circumstances.
5.1 Subject to clause 5.2 and applicable law, additional costs associated with the return of Products, including but not limited to uninstallation, re-installation, transportation, labour, access costs and site penalties (“Additional Costs”), shall ordinarily be borne by the Customer.
5.2 Where the CPA applies and the Product is returned due to a failure to satisfy the requirements contemplated in sections 55 and 56 of the CPA:
5.2.1 the allocation of costs shall be determined in accordance with the CPA;
5.2.2 where the Product is validly returned within the statutory six-month period, the Company shall bear those costs which the CPA requires the supplier to bear, including the return of the goods at the supplier’s risk and expense; and
5.2.3 the Company shall not be liable for costs which are unrelated, indirect, unreasonable or not recoverable in terms of applicable law.
6.1 This Policy shall be interpreted subject to the CPA and any other applicable law.
6.2 No provision of this Policy shall be interpreted as waiving, excluding or limiting any right which a Customer may not lawfully waive, exclude or limit.
6.3 Where the CPA does not apply to a transaction, this Policy shall apply as a contractual warranty and return policy between the Company and the Customer, subject to any other applicable law.
6.4 The Company reserves the right to amend this Policy from time to time, provided that any amendment shall not retrospectively prejudice rights already accrued to a Customer.
