(1) A supplier shall —
(a) pursuant to an agreement under Part 2; or
(b) on presentation by the consumer of a decision from the Tribunal —
(i) pay the consumer the sum awarded,
(ii) initiate payment of compensation within 7 days after the decision is received by the supplier,
(iii) make an application to the Commercial Court under section 60.
(Substituted by Act 14 of 2021)
(2) Subsection (1) applies in any case where a supplier —
(a) undertakes to provide a consumer with goods or a service upon payment of a fee;
(b) provides the declared benefit attached to the service or use of the goods; and
(c) inadvertently causes bodily injury or pecuniary loss to be sustained by the consumer, independent of all other causes or contributory negligence.
(3) A supplier is not relieved of liability if —
(a) the consumer fails to avail himself or herself of some other goods or service that may be recommended by the supplier as supplementary or complementary;
(b) he or she has provided complementary goods or service which fail to function well or cause damage or other loss.
(4) A supplier who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.