5.1 Agreement of Sale.doc

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A general agreement of sale to be used when the property is sold “voetstoots” (as it stands, with all its faults). It is important to note that a “voetstoots” clause does not protect the seller if he is aware of any defects in the goods sold and fails to make such disclosure to the purchaser before the sale is concluded.

A private seller is still entitled to include a voetstoots clause but in terms of Section 48(1)(c) of the CPA a supplier in the ordinary course of his business may not use a voetstoots clause. Sections 55 to 61 of the CPA deal with the consumer’s rights to safe and good quality goods. The distributor and retailer each warrant that the goods comply with the standards of good quality within six months after the delivery of any goods to a consumer. A consumer may return the goods to the supplier, without penalty, and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in Section 55. The supplier is obliged to repair or replace the defective goods or refund to the consumer the price paid. Section 61 imposes strict liability on a producer, distributor or retailer of any goods for any harm caused as a consequence of supplying unsafe goods, or a defect in any goods or inadequate instructions or warnings to the consumer pertaining to any hazard arising from the use of any goods, irrespective of whether the hazard resulted from any negligence on the part of such producer, importer, distributor or retailer.