Defective Goods or Poor Service: Evidence to Keep

How to use this guide

Classify the dispute before demanding a remedy. Goods, services, repair authorisation and installed parts engage different CPA provisions and require different evidence. Report a potentially unsafe product promptly, stop using it where continued use may cause harm, and preserve its condition as far as reasonably possible.

Identify the transaction before arguing about the defect

The Consumer Protection Act does not apply to every disagreement involving something that was bought or repaired. Start with the participants and transaction.

Record:

• the consumer's legal name and whether the purchase was personal or through a company, close corporation, trust or other entity;
• the supplier's correct legal and trading names, registration details and address;
• the seller, manufacturer, importer, distributor, repairer, installer and finance provider as separate entities;
• the date and place of the transaction and delivery;
• whether the supplier acted in the ordinary course of business;
• whether the item was new, used, reconditioned, demonstrator stock, sold at auction or privately sold;
• every condition expressly disclosed before purchase and what the consumer accepted;
• whether goods were altered, installed or used contrary to instructions after supply; and
• any industry-specific code, ombud, regulator, credit agreement, insurance policy or manufacturer warranty.

A private once-off sale may fall outside the CPA, and other exclusions or thresholds can apply. The consumer-protection glossary provides the basic statutory frame; preserve the same evidence even if the final route is contractual, delictual, credit, insurance or common law.

Separate goods, services and repair work

One transaction can contain more than one legal issue. A vehicle purchase concerns goods; a later diagnostic or repair job concerns services and installed parts; finance and insurance create separate agreements.

Defective goods

Section 55 generally protects a consumer's right to goods that are reasonably suitable for their ordinary purpose, of good quality, in good working order and free of defects, usable and durable for a reasonable period in the surrounding circumstances, and compliant with applicable standards. The specific condition disclosed and expressly accepted before purchase can matter.

Poor-quality services

Section 54 addresses timely performance and completion, performance in a manner and quality people are generally entitled to expect, use of goods free of defects and of the expected quality where supplied with the service, and return of the consumer's property in at least as good a condition as when the supplier received it, subject to the circumstances.

Evidence should identify the agreed scope, work performed, defect and proportion affected because the section 54 response differs from the six-month goods remedy.

Repair estimates and authorisation

Section 15 regulates pre-authorisation for repair or maintenance services in qualifying transactions. The current general threshold is R1 excluding VAT unless another regulation or industry code provides differently. The service provider generally needs an authorised estimate, recorded waiver of an estimate or pre-authorised maximum. Extra work beyond an estimate requires disclosure of the additional estimated charge and authorisation to continue.

Keep the estimate, its scope and validity period, diagnostic-fee disclosure, each approval and the final invoice. Written or system-recorded authorisation is stronger than a telephone call reconstructed later.

Installed parts and labour

Section 57 generally warrants every new or reconditioned part installed during repair or maintenance work, and the labour required to install it, for three months after installation or a longer written period supplied by the provider. The statutory warranty does not apply to ordinary wear and tear and may be void where the part or property was misused or abused.

Record the part, whether it was new or reconditioned, its identifying number, installation date, labour line, warranty and any later fault.

Build the core evidence file

The consumer-rights complaint pack can hold the documents. Use a numbered index with a short description, date and source for every item.

1. Transaction and promise

Keep:

• advertisement, product listing and screenshots as they appeared when purchased;
• quotation, order, offer to purchase, contract and terms;
• proof of payment, finance payout and sales record;
• invoice or receipt showing the supplier, product, price and date;
• warranty, return policy and service plan;
• model, serial, IMEI, VIN, registration, engine or other unique identifier;
• disclosed condition report, inspection sheet and delivery checklist;
• messages about the intended purpose communicated before purchase; and
• representations about age, mileage, history, specification, compatibility, capacity, condition or performance.

2. Condition at delivery or handover

Photograph packaging, seals, labels, exterior condition, accessories, meter or odometer readings, warning lights and installation before ordinary use changes the scene. For delivered goods, keep courier tracking, proof of delivery and any note made on handover.

Compare any supplier condition report with the item, record missing accessories or damage immediately, and do not leave an inaccurate “received in good order” statement uncorrected.

3. Fault chronology

Create one row for each event:

Describe what happened without diagnosing what you cannot prove. “Display showed error E15 after ten minutes on the standard cycle” is stronger than “the control board is definitely defective”. Preserve the error before resetting the device if it is safe to do so.

4. Supplier notification

Keep the first complaint, delivery receipt, ticket number and reply. The notice should identify the transaction, product or service, date, observed problem, when it first appeared, safety status, evidence attached and the remedy requested.

For a repair, insist that every reported symptom is written on the job card before handover. On collection, obtain the completed card showing diagnosis, tests, work, parts, dates, mileage or operating hours and technician findings. If the wording is wrong, correct it in writing the same day.

5. Technical evidence

Technical evidence can include diagnostic reports, error logs, test results, photographs, videos, measurements, service histories, inspection reports and retained components. Its value depends on who produced it, the method, the item examined, the date, the conditions and whether the conclusion is reasoned.

Before commissioning an independent inspection, define the question, verify the examiner's competence and independence, ask whether testing may alter evidence, and check whether the supplier should receive notice or an inspection opportunity. The report should identify the item and source material and separate observation, test result, assumption and opinion.

Do not strip, repair, discard or sell the product before understanding the evidential effect. Where safety requires intervention, photograph and document the condition, authorisation, removed parts and chain of custody first as far as reasonably possible.

Evidence for a defective car

A vehicle file should connect each symptom to mileage, date, job card, test and repair. Include:

• offer to purchase, finance agreement, invoice and delivery inspection;
• VIN, engine number, registration and odometer photograph at delivery;
• advertisement and statements about new, used, accident, service or ownership history;
• service book, digital service history and maintenance invoices;
• warning-light photographs and diagnostic trouble codes;
• audio, video, towing or roadside-assistance evidence captured safely;
• each booking, job card, technician report, invoice and replaced-part record;
• odometer reading on every handover and collection;
• written confirmation of what was tested and said to be repaired;
• report of the same or a further failure after repair; and
• days without the vehicle and evidenced consequential cost, without assuming every loss is recoverable.

Do not create a driving video, continue using an unsafe vehicle or clear diagnostic codes merely to improve the file. Follow safety instructions and obtain qualified technical assistance. If the supplier says the problem could not be reproduced, ask what route, duration, load, temperature or diagnostic method was used.

The Supreme Court of Appeal's decision in Motus Corporation v Wentzel shows why this precision matters: a complaint count or general disappointment does not prove each statutory element. Motor-industry disputes may also fall within MIOSA's accredited scheme, so retain its complete case record.

Evidence for an appliance or electronic product

Record:

• brand, model, serial number and software or firmware version where relevant;
• seller and installer, because they may be different businesses;
• delivery and installation date;
• voltage, connection, location, ventilation, network, consumable or other operating condition only where relevant;
• the exact cycle, program, load or accessory in use;
• error message, indicator pattern, unexpected output or loss of function;
• photographs or video showing the sequence without exposing account or household data;
• manufacturer troubleshooting steps actually followed;
• remote-diagnostic session, reference and result;
• collection and return condition; and
• repair part, work performed and recurrence.

Back up personal data before handover where possible, record device condition, and do not give a repairer unnecessary passwords or access to unrelated accounts.

Evidence for defective workmanship or other poor service

The file must establish the promised result and the extent of non-performance. Keep:

• written scope, specification, drawings and accepted quotation;
• start, milestone and completion dates;
• products and materials promised and actually used;
• site or item condition before work;
• daily or milestone photographs;
• variation approvals and payments linked to work stages;
• snag list or defect notice;
• supplier inspection, response and proposed cure;
• independent assessment where proportionate; and
• a proportionate independent assessment or rectification quotation.

Distinguish incomplete, defective, late and unauthorised work from property damage. Document the original condition before a replacement contractor changes it, without leaving an urgent hazard unaddressed.

Match the evidence to the remedy

Goods within the section 56 period

Where goods fail to meet section 55 and are returned within six months after delivery, section 56(2) provides a remedy without penalty and at the supplier's risk and expense: at the consumer's direction, repair or replacement of the failed, unsafe or defective goods, or refund of the price paid for the goods.

The six-month period is not an unconditional return window. Prove the transaction, delivery date, qualifying failure, notification, return or tender and selected remedy.

A problem after repair

If the consumer used the repair remedy and, within three months after that repair, the failure, defect or unsafe feature was not remedied or a further one was discovered, section 56(3) requires replacement or refund. Record the repair date, work and parts, collection condition, the first recurrence or new problem and the prompt report to the supplier.

Do not label every later problem “the same defect” without support, or let a new job-card number obscure a continuing symptom.

Poor service

For section 54, identify the failed aspect and requested cure. If seeking a partial refund, connect it to the affected portion and extent of failure.

Unauthorised repair charges

For a section 15 issue, put the estimate, waiver or maximum authorisation beside the final invoice. Mark each line that was within scope, separately authorised, or disputed. Preserve time-stamped messages and call recordings lawfully held; do not reconstruct consent after the fact.

Send a complaint that can be tested

Use a short cover letter and indexed attachments. State:

1. who transacted with whom;
2. what goods or services were supplied;
3. transaction and delivery dates;
4. the relevant defect, failure or service shortfall;
5. when it first arose and was reported;
6. inspection and repair history;
7. the legal and contractual basis relied on, without overclaiming;
8. the exact remedy requested;
9. a reasonable response date suited to the route and urgency; and
10. how the item can be safely inspected, collected or returned.

Attach the minimum evidence needed to prove each statement and preserve the full archive separately.

The consumer-complaint checklist provides the complaint sequence. The defective-goods glossary and implied-warranty glossary provide concise legal definitions.

Escalate through the correct channel

Start with the supplier's internal complaint route unless safety, urgency or another rule requires immediate escalation. Keep the complaint, reference, outcome and closing letter.

If unresolved:

• use MIOSA for a qualifying motor-industry dispute;
• use the Consumer Goods and Services Ombud for a qualifying participating consumer-goods or services supplier;
• consider the relevant provincial consumer protection authority or sector regulator;
• use the National Consumer Commission's current e-Services process where within its mandate; and
• obtain legal advice before court or Tribunal steps, especially where jurisdiction, evidence, value, prescription or the remedy is disputed.

The NCC asks for transaction and dispute dates, proof of purchase, supplier-escalation records and communications. Preserve each portal submission and reference. Section 116 contains a three-year restriction for specified Commission or Tribunal steps, while other periods may differ; obtain advice on the exact deadline rather than treating three years as universal.

Common evidence failures

Avoid:

• discarding the item, packaging, replaced part or original file too early;
• allowing an undocumented third-party repair to alter the evidence;
• relying on undated photographs or cropped messages without participants and context;
• accepting job cards that omit the reported symptom;
• clearing error codes or factory-resetting before preservation;
• confusing a manufacturer's voluntary warranty with all CPA rights;
• claiming a full refund without matching the evidence to the applicable remedy;
• continuing unsafe use to produce more evidence;
• filing with the wrong ombud or regulator without checking its mandate; and
• waiting for a supplier indefinitely while a deadline runs.

FAQs

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