(1) Where a dispute is resolved in the case of section 43(a), the parties to a dispute shall sign, a binding written agreement.
(2) The Secretary shall send a signed copy of the written agreement under subsection (1) to —
(a) the person who made the complaint;
(b) the supplier concerned;
(c) the Tribunal.
(3) A binding written agreement under subsection (1) may —
(a) require the supplier to —
(i) remove the defect from the goods in question,
(ii) replace the goods with new goods of a similar description which must be free from any defect,
(iii) return to the person making a complaint the price, or charges paid by that person,
(iv) remove the deficiencies in the services in question,
(v) desist and discontinue the unfair trade practice or the restrictive trade practice,
(vi) refrain from offering the hazardous goods for sale,
(vii) withdraw the hazardous goods from being offered for sale,
(viii) cease the manufacture of hazardous goods and to desist from offering services which are hazardous in nature,
(ix) issue corrective advertisement to neutralize the effect of misleading advertisement at the cost of the supplier responsible for issuing such misleading advertisement, or
(x) provide for prescribed costs to parties in addition to the fees paid to the laboratory for analysis or testing under section 13(8);
(b) be accompanied by a notice to pay fixed penalties as set out under Schedule 4.
(Substituted by Act 14 of 2021)