Following the enactment of the Consumer Protection Act , a piece of legislation that is meant to protect the Consumer of goods and services by ensuring a fair, efficient and sustainable transparent market place for consumers and business, a lot of unethical business practices are still rampant that have since been outlawed by this act.
Our focus will be on section 42 disclaimer clauses, a type of consumer contract that is still prevalent in the market place as business owners ,service providers shortchange consumers by denying liability on consumer transactions.
Such clauses were rampant when the Consumer contract was still enforce before it was repelled by the Consumer Protection Act. Section 42 subsection 1 says no supplier service provider of goods and services, owner or occupier of a shop or other trading premises shall display or cause to be displayed any sign or notice that purports to disclaim any liability or deny any right that a consumer has under this act or any other law.
Subsection 2 – unfair contractual clauses include such words as but not limited to the following -no refunds -no returns -no exchanges on electrical gadges -goods left at owners risks -nhumbi dzikarasika hatiripi
Among other unfair clauses that are still displayed by shop owners or written on tickets or receipt books. Subsection 3-Any supplier ,service provider of goods or services ,owner or occupier of a shop or trading premises who contravenes this section shall be guilty of an offence and liable to a fine not exceeding level 12 or imprisonment for a period not exceeding five years or both.
It’s important for service providers or shop owners to take note that display of any disclaimer clauses of any nature are illegal they risk prosecution.
The writer is the Regional Officer of Consumer Council of Zimbabwe Masvingo contacted on 0773900012-039 -226478. http://masvingiomirror.com