Implied Warranty of Quality (CPA Section 55)
Also known as: Section 55 Warranty, Statutory Warranty of Quality, CPA Quality Warranty.
What is Implied Warranty of Quality?
Section 55 of the Consumer Protection Act 68 of 2008 implies an unwaivable warranty into every consumer sale that goods will be reasonably suitable for their ordinary purpose, of good quality, usable and durable for a reasonable period, and compliant with any public regulations applicable to those goods.
Drafted and reviewed by
Attorney & Founder, My-Contracts.co.za · Legal Practice Council of South Africa (LPC F17333)
Definition and context
The implied warranty of quality under section 55 of the Consumer Protection Act 68 of 2008 (CPA) is a statutory upgrade of the common-law actio redhibitoria and actio quanti minoris. Section 55(2) entitles every consumer to receive goods that (a) are reasonably suitable for the purposes for which they are generally intended, (b) are of good quality, in good working order and free of defects, (c) will be useable and durable for a reasonable period having regard to normal use, and (d) comply with any applicable public standards set under the Standards Act or other regulation. Where the consumer has made a particular purpose known to the supplier, section 55(3) implies a further warranty of fitness for that specific purpose.
The warranty is unwaivable. Section 55(6) preserves the warranty against contractual exclusion except in the narrow case of goods sold by auction or expressly marked as "used", "gray market" or "second-grade" where the consumer has agreed in writing. Coupled with the six-month implied warranty in section 56 (return, repair or refund at the consumer\'s election), it shifts the burden of product failure decisively onto the supplier and importer. South African courts have confirmed in Motus Corporation v Wentzel and Halstead-Cleak v Eskom Holdings that the warranty operates alongside (not in substitution for) delictual product-liability claims under section 61.
For suppliers, compliance demands robust incoming-goods QA, clear disclosure of any pre-existing defect under section 55(6), and supplier-indemnity agreements up the distribution chain. Retailers cannot contract out by pointing to the manufacturer: under section 56(1) the consumer may elect against any link in the supply chain, and contribution is left to contractual allocation between supplier, importer and producer.
Where this term lives in law
Consumer Protection Act 68 of 2008
Sections: 55, 55(2), 55(3), 55(6), 56, 61
Protects consumer rights in transactions for goods and services within South Africa.
Frequently asked questions
How long does the implied warranty last?
Section 55 requires goods to be "usable and durable for a reasonable period" judged against the nature, cost and intended use of the goods. Separately, section 56 gives the consumer an unconditional six-month right to return defective goods for repair, replacement or refund.
Can a supplier contract out of the warranty?
No, except for goods expressly sold "as is" or as second-hand/gray-market goods under section 55(6), and only where the consumer has been specifically informed of that condition in writing before the sale.
Does the warranty cover damage caused by the consumer?
No. Section 55(5) excludes defects arising from the consumer's own misuse, failure to follow instructions, or normal wear and tear. The defect must exist at supply or arise from a latent cause attributable to the goods themselves.
Who is liable — the retailer or the manufacturer?
Under section 56(1) the consumer may claim against the supplier, importer, distributor or producer jointly and severally. Allocation between them is a matter of contract along the supply chain.
Does the warranty apply to services?
Section 55 applies to goods. A parallel warranty of quality for services is implied by section 54(1), requiring services to be performed in a manner and with a quality that consumers are generally entitled to expect.
Contract templates using this term
3 templates reference Implied Warranty of Quality (CPA Section 55).