Does replacing a plug void the warranty? Consumer journalist Wendy Knowler has this update…
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It appears that the Office of the Consumer Goods and Services Ombudsman (CGSO) has made a reversal of its previous approach to whether changing a plug on an appliance will void the warranty.
It has been the case for some time that the only way a manufacturer is protected by the “change the plug and void your warranty” attitude is if the breach of the implied warranty is due to the changes.
“If the breach is still due to an unchanged characteristic or defect unrelated to the changes, a supplier cannot escape liability,” said then-Ombudsman Neville Melville.
But now, according to Knowler, the Ombudsman has returned to its original position, as a case study in its latest newsletter shows.
case study
The complainant bought a new R800 Wolf electric trimmer. After two months, the trimmer found it was malfunctioning and the complainant returned the allegedly defective product to the shop for a refund, after which the supplier brought the device in for assessment.
Since the trimmer was less than six months old, he was expecting a refund, but instead he received an email with a quote for the trimmer to be repaired.
According to the supplier, the trimmer showed signs of having been used as a lawn mower and, more importantly, the factory plug had been replaced with a different grounded 3-pin plug.
Per the supplier’s terms and conditions, any warranty will be void if a power source is modified or damaged in any way.
In adjudicating the complaint, the Ombudsman’s mediators relied on Section 55 of the CPA, which grants suppliers an “out” if goods “have been altered contrary to instructions”.
“According to the supplier report, the trimmer’s original plug was cut off and replaced with a different plug. This will void the manufacturer’s warranty. Therefore, we could not make a recommendation in favor of the complainant.”
The major retailers had embraced this change and lost their warranty rights, relying on the Consumer Protection Act which states that a consumer has the right to return a defective product within six months and, at their option, receive a refund, replacement or repair obtainable unless otherwise stated goods have been altered.
Wendy Knowler, consumer journalist
And the ombudsman supported this, so I advised my listeners against removing the two-prong plug from the devices and replacing it with a three-prong one.
Wendy Knowler, consumer journalist
So it seems I’m being forced to once again tell consumers not to swap appliance plugs unless they agree to void the warranty.
Wendy Knowler, consumer journalist
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