Alleged Excluding liability for defective goods and failure to give warranty or guarantee on long use goods by Total Electronics Limited

The Secretariat received a complaint against Total Electronics Ltd for allegedly excluding liability for defective goods and failure to give warranty or guarantee on goods meant for long term use.

The Complainant alleged that on 2nd December 2020, he purchased a television screen (TV) from the Respondent’s shop at MK400,000. On 23rd December, 2020 the TV developed fault in form of the back-light that went off.

The Complainant brought the matter before the Respondent soon after. The Respondent requested the Complainant to pay an extra MK 30,000 to engage a technician to fix the TV. However, the TV was never fixed.

Investigations found that the TV developed a fault within less than a month of purchase. The timeframe was too short for a product meant for long use.

The Respondent did not provide a satisfactory remedy to the Complainant and the Respondent did not give warranty or guarantee on the product despite the fact that the TV is a product for long use.

Following intervention by the Commission, the Respondent exchanged the defective TV for the Complainant.

Investigations showed that the conduct by the Respondent Contravened Sections 43(1)(b) CFTA & Section 34(4) of the CPA.

The Commission made the following orders:

  1. The Respondent should refund Thirty Thousand Kwacha (K30,000) to the Complainant that was paid to the Respondent for repairs;
  2. The Respondent should pay a fine of Five Hundred Thousand Kwacha (MK 500,000) for engaging in exclusion of liability for defective goods;
  3. The Respondent should cease and desist from engaging in excluding liability for defective goods.