Template for legal review. This page has been drafted to reflect South African law, including the Consumer Protection Act 68 of 2008 and the Protection of Personal Information Act 4 of 2013. It has not been reviewed by an attorney and it is not legal advice. Have it checked and adjusted before you rely on it.
If a trailer we sold you is defective, you have rights, and we would rather fix it than argue about it. This page sets out what you can return, what you cannot, and exactly how the process runs.
1. Your statutory right on defective goods
Section 56 of the Consumer Protection Act 68 of 2008 gives you an implied warranty of quality. If goods are defective, unsafe, or not fit for the purpose they were sold for, you may return them within six months of delivery and choose whether you want a repair, a replacement or a refund. That choice is yours, not ours. You do not pay to return goods under this section.
Nothing on this page, and nothing in our terms and conditions, limits that right.
2. Damage found at delivery
Inspect the trailer before the driver leaves. If something is damaged, photograph it, note it on the delivery document and tell us the same day. Transit damage is our problem and we will repair or replace. Once a trailer is signed for as received in good order and then used, establishing when the damage happened becomes difficult for both of us.
3. Change of mind on a stock item
A stock trailer or spare that you simply no longer want is a different matter from a defect. We will consider a return within 7 days of delivery or collection where the item is unused, unregistered, unmodified, and in the condition it left us, complete with all fittings and documentation.
On an accepted change-of-mind return you pay the cost of getting the item back to Hartswater, and a handling charge may apply where the item has to be reconditioned or re-prepared for sale. We will tell you the figure before you send anything back, not after.
4. Custom builds
A trailer built to your specification cannot be returned because you changed your mind. It was cut, welded and finished for you, and it has no shelf to go back onto. This is the ordinary position for goods made to a consumer’s specification. Your rights on a defective custom build are unaffected and are exactly the same as on a stock unit.
5. What cannot be returned
- Trailers that have been registered, licensed or used on a public road, unless the return is because of a defect.
- Items that have been modified, cut, drilled, re-welded or repainted.
- Damage caused by overloading, by an accident, or by the tow vehicle.
- Wear items consumed in normal use: tyres, brake linings, bearings and bulbs.
- Tanks that have held a liquid other than the one they were specified for.
- Special-order spares brought in specifically for you, unless defective.
6. How to start a return
- Contact us on sales@trailerssa.co.za or WhatsApp +27 71 065 8119 with your invoice number, the date of delivery and what is wrong.
- Send photographs. Wide shots of the whole trailer, close shots of the problem, and a photograph of the load if there was one on board.
- We assess and confirm in writing whether the return is accepted, and on what basis.
- We agree logistics. On a defect we arrange collection. On a change of mind you arrange delivery back to Hartswater.
- We inspect on arrival and confirm the outcome.
7. Refunds
An approved refund is paid to the account the payment came from, by EFT. We do not refund to a different account, which protects you against fraud. Refunds are processed once the goods have been received and inspected, ordinarily within 10 business days of that inspection. Where a repair or replacement is agreed instead, we will give you a timeline in writing.
8. Cancelling before delivery
An order cancelled before we have started work is refunded in full. An order cancelled after a custom build has started is subject to a reasonable charge for materials already committed and work already done, which we will itemise. A stock unit cancelled before dispatch is refunded in full.
9. If we cannot agree
Raise it with us first, by phone. Most disputes are a misunderstanding about what was ordered, and a five-minute call fixes them. If we genuinely cannot agree, you may refer the matter to the National Consumer Commission or to a recognised consumer goods ombud, and nothing here affects your right to approach a court.