'SHODDY GOODS' FOR SALE

It has been Just over one week into 2004 and the Consumer Affairs Commission has already been resolving complaints on behalf of dissatisfied consumers and gift recipients. Despite the best efforts of consumers to be vigilant in many of the cases they have been victims of vendors offering “shoddy goods” for sale. These goods include telephones, shoes and household appliances that had been packaged and presented as good quality items and were purchased as such by members of the public.

Merchantable Quality
Both the Sale of Goods and the Hire Purchase Acts speak to the quality of goods issue, stating that goods offered for sale must be of merchantable quality. This refers to the minimum standards that a product must meet so as to supply the function or service the needs as identified by the buyer. This is, providing that the item is used in accordance with the manufacturers’ stipulation. Vendors (whether they are the manufacturer or not) are obligated to offer for sale only items that are of good quality.

Rights and Responsibilities of the Consumer
The Consumer has the right to fair settlements of just claims. Included in this is the right to receive compensation for misrepresentation of shoddy goods or services. The Consumer must also be responsible. A responsible consumer must be assertive and must act in a manner that ensures that she or he gets a fair deal. This includes the responsibility to check the product before purchasing, read the labels, read the manuals and ask questions prior to purchase. But unscrupulous sales persons and businesses that are intent on misrepresenting the quality of the products they have on sale can trick even the most vigilant consumer.

Playing with Name Brands
One of the ways the consumer may be tricked is by vendors playing with name brands. Consumers may come to believe that a certain brand indicates good quality, and will pay extra for such products. Therefore, they must be very careful when making a purchase and pay special attention to the actual brand of the product they are buying, check the spelling and other features of the brand. An example of a “name brand” that could confuse some one is “Panason” which is one of the brands which the Commission has received complaints about. Another unacceptable practice is to deny the consumer the right to read the manual or to check the labels prior to purchase. This right is critical if the consumer is to be able to make an informed decision as to whether or not a product suits his or her needs.

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