Streaming issues? Report here
Kieno Kammies 2019 1500 BW Kieno Kammies 2019 1500 BW
Today with Kieno Kammies
09:00 - 12:00
volume_up
volume_mute

Up Next: The Midday Report with Clement Manyathela
See full line-up
Today with Kieno Kammies
09:00 - 12:00
Home
arrow_forward
Lifestyle
fiber_manual_record
Business

At own risk! What you need to know before signing that disclaimer

11 October 2017 2:52 PM
Tags:
Consumer Protection Act
consumer rights
law
Wendy Knowler
#ConsumerTalk
disclaimer
indemnity forms
Trudie Broekmann

Consumer guru Wendy Knowler and attorney Trudie Broekmann explore how consumers can protect themselves against unfair indemnities.

Consumer journalist Wendy Knowler helps shed light on the rights of consumers when dealing with disclaimers and indemnity forms.

Knowler says disclaimers and indemnities protect service providers from liability arising from any injury, theft or harm related to anything they do or don’t do.

Read: Want to get out of your gym contract? Here's why it will probably cost you

She explains that while the Consumer Protection Act (CPA) does not outlaw indemnities, it restricts how companies formulate and enforce them.

Companies are within their rights to indemnify themselves against certain liabilities, as long as they notify consumers properly.

Wendy Knowler, consumer journalist

The CPA states that unfair clauses - which exempt a company from liability for losses caused by gross negligence, for example - will not be upheld.

The law demands that disclaimers must be written in plain and understandable language.

The consumer must also be given adequate opportunity to receive and comprehend the provisions.

Recap: You're probably reading expiry dates wrong (and wasting food in the process)

Menwhile, CPA specialist attorney Trudie Broekmann says consumers are allowed to scratch out certain clauses in a contract that they don't agree with.

The purpose of the CPA is to protect vulnerable consumers.

Trudie Broekmann, CPA specialist attorney

The purpose of a contract is that we have two parties with equal negotiating power.

Trudie Broekmann, CPA specialist attorney

The CPA requires that an exclusion of liability to be fair, reasonable and just towards the consumer. We're not just looking at the supplier's interest.

Trudie Broekmann, CPA specialist attorney

A disclaimer has a deterrent effect on claims.

Trudie Broekmann, CPA specialist attorney

Take a listen to Trudie Broekmann and Wendy Knowler explains the legal loopholes:

Got a consumer case you need help resolving?

Email: consumer@knowler.co.za, put Cape Talk in the subject line, followed by the issue e.g. cellphone contract dispute.

Subscribe to our Business Wrap Newsletter


11 October 2017 2:52 PM
Tags:
Consumer Protection Act
consumer rights
law
Wendy Knowler
#ConsumerTalk
disclaimer
indemnity forms
Trudie Broekmann

Recommended

More from ConsumerTalk with Wendy Knowler

woman-on-cell-phone-pexels-freejpeg

'He sent through a fake bank payment notification' - beware Gumtree scammers

3 June 2020 4:47 PM

As South Africans look for ways to make extra cash, Gumtree South Africa has warned consumers not to fall prey to online fraudsters.

Share this:
Read More arrow_forward

woman-medical-care-doctore-insurance-form-pexels-photojpeg

The Ombudsman for Short-Term Insurance report - what were the complaints?

27 May 2020 7:58 PM

The Ombud for Short Term Insurance’s aim is to resolve short term insurance complaints ''fairly, efficiently and impartially''.

Share this:
Read More arrow_forward

woman-medical-care-doctore-insurance-form-pexels-photojpeg

When credit life insurance goes wrong because of a UIF payment

20 May 2020 7:51 PM

Wendy Knowler, consumer Ninja, on the small print and pitfalls of credit life insurance.

Share this:
Read More arrow_forward

191118bankingjpg

The banking report is out - our Consumer Ninja takes a look

13 May 2020 8:00 PM

The annual banking ombuds report has been released. Were they good, were they bad; how many complaints have been received?

Share this:
Read More arrow_forward

Cars-For Sale-Automotive-Industry-Dealership-Vehicles-service-wheels-123rf

Car sales and repairs reopen, but no clarity on motor licensing offices just yet

13 May 2020 5:17 PM

Car dealerships and repair shops have been allowed to reopen under very strict conditions, explains consumer journo Wendy Knowler.

Share this:
Read More arrow_forward

claim-deniedjpg

Consumer Ninja: Many credit life claims are being rejected

6 May 2020 8:00 PM

It seems many credit life claims are being rejected. Here are nine companies that were named and shamed in a new report.

Share this:
Read More arrow_forward

office-gym-wellness-trends-2018

Do I still have to pay my gym membership (and other consumer-related questions)?

29 April 2020 3:31 PM

You can send your consumer-related questions and queries to consumer journalist Wendy Knowler via consumer@knowler.co.za

Share this:
Read More arrow_forward

woman-medical-care-doctore-insurance-form-pexels-photojpeg

Who's offering relief? A look at medical aid, insurance and retirement annuities

8 April 2020 4:59 PM

Certified financial planner Kobus Kühn has compared what various companies, long-term insurers, and medical schemes are offering.

Share this:
Read More arrow_forward

bank-card-cash-money-walletjpeg

Here's what South African banks are offering when it comes to credit insurance

8 April 2020 4:15 PM

Consumer journalist Wendy Knowler has compiled some information regarding credit insurance policies offered by various banks.

Share this:
Read More arrow_forward

Loan lending

Payment holidays from the banks - can they be trusted?

25 March 2020 7:57 PM

Consumer Ninja, Wendy Knowler, on payment holidays from banks in which you get a break from interest and repayment of debt.

Share this:
Read More arrow_forward