Introduction

Products and Services that meet or exceed customer expectations result in customer
satisfaction. Quality is the expected product/service being realized. Before a customer makes a
purchase (exchanges money for a product/service) he or she does a mental calculation: “Is the
worth of the product/ equal to the money that I am about to exchange?”

However, quality is a function of how the customer views the product/service that he or
she receives. The customer’s view always compares what they expect with what they receive
regardless of how operations conceive quality. How do customers arrive at their expectations?

Marketing, especially sales, has a major effect on how the customer views quality. As
mentioned earlier, customer satisfaction is based on receiving the actual product/service as
expected. When marketing and sales enthusiastically promise a product/service that
manufacturing or operations (in the case of a hospitality service) cannot deliver, then
expectations are not met, the customer is dissatisfied, and quality (in the customers’ eyes) is not
realized.

Quality is not absolute to be determined by operations or manufacturing. Variables that

affect quality are (a) customer expectations (obtained from marketing and sales, as well as word
of mouth and previous experience), (b) actual product/service received (how a service is
performed by operational people and actual tangibles received (cold food for example). The
following models explain these basic concepts.

What is Quality?

There are two perspectives and lenses through which to view quality: Tangible Product
Orientation and Intangible Service Delivery Orientation. Both are necessary; however, the latter
is the most important since most tangible hospitality products are becoming.
Goods and services should be produced to meet consumers' needs in order for businesses to be
successful and for the economy to grow. Consumers' needs and wants can be met by producing a
wide variety of goods and services that fulfill different needs, such as:

1. Price: The cost of a product or service is often a major consideration for

consumers. Many people will choose a less expensive option if it meets their
needs.
2. Quality: Consumers often consider the quality of a product or service before
making a purchase. They may look at reviews, ratings, or recommendations
from friends or family members to determine the quality of a product.
3. Brand reputation: Consumers may prefer certain brands based on their
reputation for quality, reliability, or innovation.
4. Personal preferences: Consumers may have specific preferences for certain
products or services based on their personal tastes or lifestyle choices.
5. Availability: Consumers may choose a product or service based on its
availability or convenience. For example, if a product is available at a nearby
store, they may choose it over a similar product that requires ordering online.
6. Advertising and marketing: Advertising and marketing can influence
consumer choices by highlighting the features and benefits of a product or
service.
7. Social influence: Consumers may be influenced by the opinions and
recommendations of friends, family, or influencers.

Consumer Safeguarding: - is the practice of safeguarding buyers of goods and services, and the
public, against unfair practices in the marketplace. Consumer protection measures are often
established by law. Such laws are intended to prevent businesses from engaging in fraud or
specified unfair practices to gain an advantage over competitors or to mislead consumers. They
may also provide additional protection for the general public which may be impacted by a
product (or its production) even when they are not the direct purchaser or consumer of that
product. For example, government regulations may require businesses to disclose detailed
information about their products—particularly in areas where public health or safety is an issue,
such as with food or automobiles and below are the modes for customers’ safeguards.

(i) Right to be informed-

This means the right to be informed about the quality, quantity, potency, purity, standard, and
price of goods to protect the consumer against unfair trade practices. Consumers should insist on
getting all the information about the product or service before making a choice or a decision.
This will enable him to act wisely and responsibly and enable him to desist from falling prey to
high-pressure selling techniques.

(ii) Right to consumer-

This means the right to acquire the knowledge and skill to be an informed consumer throughout
life. Ignorance of consumers, particularly of rural consumers, is mainly responsible for their
exploitation. They should know their rights and must exercise them. Only then real consumer
protection can be achieved with success. education

(iii) Right to safety- This means the right to be protected against the marketing of goods and
services, which are hazardous to life and property. The purchased goods and services availed of
should not only meet their immediate needs but also fulfill long-term interests. Before
purchasing, consumers should insist on the quality of the products as well as on the guarantee of
the products and services. They should preferably purchase quality marked products such as
SEAMARK, etc.

What Is an Implied Warranty?

An implied warranty is a legal term for the assurances that a product is fit for the purpose that it
is intended and that it is merchantable, i.e., conforms to an ordinary buyer’s expectations. The
warranty of merchantability is implied unless expressly disclaimed by name, or the sale is
identified with the phrase "as is" or "with all faults.” In general, an implied warranty is the
assumption that a product will work as it is meant to.

An implied warranty is an assurance that a product is fit for its intended purpose and meets the
buyer's expectations.

These implied warranties can be written or oral.

Implied warranties are governed by state laws, not federal laws.

The two key types of implied warranties are merchantability and fitness.

Merchantability says that a product will meet reasonable expectations of the buyer, while fitness
means the product meets the buyer’s intended use.

How an Implied Warranty Works

To protect consumers, products and services come with an implied warranty, whether or not
there’s a written warranty. This guarantee is in addition to any express warranty provided at the
time of sale and includes the implied warranty of workmanlike quality for services, implied
warranty of habitability for a home, and the warranty of title that gives the seller the right to sell
the goods.

For example, fruit that looks fresh but has hidden defects would violate the implied warranty of
merchantability. All the food in a grocery store has an implied warranty as consumers assume it
is fresh and edible—which is why they get a refund if it is not.

Marking items “sold as is,” or using similar terms, does not free a retailer from implied
warranties in several states. Implied contracts, including implied warranties, are enforced by U.S.
law. These are governed by state laws, where implied warranties are unwritten, and thus not
covered by federal law.

Meanwhile, written warranties are protected via the federal Magnuson-Moss Warranty Act and
covered by federal law. Many of these state laws require four years of coverage, while others
require, they only last as long as any express warranty.

Types of Implied Warranties

Merchantability

The implied warranty of merchantability means the goods are merchantable and conform to a
reasonable buyer’s expectations. Most consumer products have an implied warranty of
merchantability. This warranty assumes that a good or product works for its intended purpose. It
applies not just to new items, but to used items as well.

Fitness

The warranty of fitness means a product is guaranteed for a specific purpose. This type of
implied warranty is below the merchantability warranty. For example, if you tell a salesman, you
want a saw for cutting metal and it turns out it won’t cut through metal, you may return the item
under the implied warranty of fitness.

With the warranty of fitness, the good or product works fine, but it does not meet the buyer’s
intended use. The warranty of fitness is implied via a salesperson’s recommendation or assurance
of a product for a specific purpose.

What Is an Example of an Implied Warranty?

An example of an implied warranty is an assumption that the product that you buy will work. For
example, if you purchase a washing machine, the assumption is that the washing machine will
work and wash your clothes. If you buy a sandwich from a deli, the implied warranty is that the
sandwich is edible.

Implied Warranty and an Express Warranty

According to Art 19, chapter II of the South Sudan Sales of Goods Act 2011 an express
warranty clearly lays out the terms of the warranty, either orally or in writing. An implied
warranty is one that already exists based on the assumption of the buyer that the product or
service will do what it is intended to do. Implied warranties are the simplest form of protection
whereas express warranties provide more protection.
The most common types of warranties are implied warranties, express warranties, extended
warranties, and special warranty deeds. Each type of warranty provides a different level of
protection to the buyer should the product they purchase fail. Consumers can purchase warranties
or extended warranties depending on the product. A special warranty deed is most often
associated with real estate transactions.

consumer right to demand.

Consumers get the right to redress and to demand compensation. While seeking any redress, the
consumer has the right to be represented in the consumer court. When consumers become
conscious of their rights while buying goods and services, they will able to make informed
choices. Chapter VI of the Sales of Goods Act, Art 56-60

56. Application.

(1) This section applies where the buyer is a consumer and the goods do not conform to the
contract of sale at the time of delivery.

(2) Goods do not conform to a contract of sale; if there is, in relation to the goods, a breach of an
express term of the contract or a term implied by sections 18, 19, or 20.

(3) Goods that do not conform to the contract of sale at any time within the period of six months
starting from the date on which the goods were delivered to the buyer, must be

taken not to have conformed at that date.

(4) Subsection (3) above shall not apply where it is established that the goods do confirm to that
date.

(5) Subsection (2) shall not apply if its application is incompatible with the nature of the

goods or the lack of conformity with the contract of sale.

57. Right to Repair or Replacement of the Goods.

(1) The buyer shall have the right to request or require the seller to repair or replace the

goods.
(2) Where the buyer requests or requires the seller to repair or replace the goods, the seller

(3) The buyer shall not request or require the seller to repair or, as the case may be, to replace the
goods if that remedy is –

(4) A remedy is disproportionate in comparison to the other if such other remedy imposes

costs on the seller which, in comparison to those imposed on him or her by the other, are

unreasonable, taking into account –

(5) Any question as to what a reasonable time or significant inconvenience is is to be

determined by reference to –

58. Right to Reduction of Purchase Price or Rescission of Contract.

(1) The buyer may require the seller to reduce the purchase price of the goods in question by an
appropriate amount; or rescind the contract with regard to those goods if the condition

(2) The condition is that –

(3) For the purposes of this Chapter, if the buyer rescinds the contract, any reimbursement to the
buyer may be reduced to take into account of the use he or she has had of the goods since they
were delivered to him or her.

60. Power of the Court.

The court may make an Act under this Chapter unconditionally or on such terms and conditions
as is deems appropriate, with respect to damages, payment of the price and other reasonable.

remedies.

Conclusion

The Consumer Protection Act, implemented in 1986, the South Sudan sales of Goods Act 2011,
the contract Act 2012, and many other contract laws both in South Sudan and internationally
laws give easy and fast compensation to consumer grievances. It safeguards and encourages
consumers to speak against insufficiency and flaws in goods and services. If traders and
manufacturers practice any illegal trade, this act protects their rights as consumers. The primary
motivation of this forum is to bestow aid to both parties and eliminate lengthy lawsuits.

This Protection Act covers all goods and services of all public, private, or cooperative sectors,
except those exempted by the central government. The act provides a platform for a consumer
where they can file their complaint, and the forum takes action against the concerned supplier,
and compensation is granted to the consumer for the hassle he/she has encountered.
References.

Books

 South Sudan laws, 2011 Sales of Goods Act, Contract Act 2012, Constitution 2011
 Consumer Protection Law in a Nutshell, by Gene A. Marsh
 Consumer Survival: An Encyclopedia of Consumer Rights, Safety, and Protection, edited
by Wendy Reiboldt and Melanie Horn Mallers
 Consumer Law & Protection: A Practical Approach for Paralegals and the Public, by Neal
R. Bevans
 Everyday Law for Consumers, by Michael L. Rustad
 Problems and Materials on Consumer Law, by Douglas J. Whaley
 Consumer Class Actions, by Stuart T. Rossman and Charles Delbaum
 Selected Consumer Statutes, edited by John A. Spanogle
 Consumer Arbitration Agreements: Enforceability and Other Topics, by F. Paul Bland
 Review of Consumer Protection Law Developments, by Section of Antitrust Law,
American Bar Association
 Consumer Rights Law, by Margaret C. Jasper
 Consumer Law: Cases and Materials, by John A. Spanogle, Ralph J. Rohner, Dee
Pridgen, Jeff Sovern, and Christopher L. Peterson
 Websites

 In addition to the resources listed above, researchers can find a substantial amount of
information and guidance on the free web, including the wealth of information included
in these websites:

 Federal Trade Commission’s Bureau of Consumer Protection

 Homepage: http://www.ftc.gov/about-ftc/bureaus-offices/bureau-consumer-protection
 Consumer.gov: http://www.consumer.gov/
 Consumer Information Blog: http://www.consumer.ftc.gov/blog/
 Consumer Advocates Information: http://www.consumer.ftc.gov/features/feature-0010-
consumer-advocates
 Commission and Staff Reports:
http://www.ftc.gov/policy/reports/policy-reports/commission-and-staff-reports
 Consumer Financial Protection Bureau: http://www.consumerfinance.gov/
 Federal Deposit Insurance Corporation – Consumer Protection:
https://www.fdic.gov/consumers/
 Department of Justice Consumer Protection Branch:
http://www.justice.gov/civil/consumer-protection-branch-home
 OnGuardOnline: http://www.onguardonline.gov/
 Consumer Product Safety Commission: http://www.cpsc.gov/
 Better Business Bureau: http://www.bbb.org/
 National Association of Consumer Advocates: http://www.consumeradvocates.org/issues
 National Consumer Law Center – Brochures:
http://www.nclc.org/for-consumers/brochures-by-topic.html
 Global Legal Monitor – Topic: Consumer Protection:
//www.loc.gov/lawweb/servlet/lloc_news?browse_topic_Consumer-protection
 National Consumer Protection Week – Consumer Topics:
http://www.ncpw.gov/consumer-topics
 GSA Federal Citizen Information Center – Consumer Action Handbook:
http://www.usa.gov/topics/consumer/consumer-action-handbook.pdf
 Local Sources (Generally, state consumer protection sections can be found in the attorney
general’s office)
 DC Office of the Attorney General – Consumer Protection:
http://oag.dc.gov/service/consumer-protection-asst
 Virginia Office of the Attorney General – Consumer Protection:
http://www.oag.state.va.us/index.php/citizen-resources/consumer-protection
 Maryland Attorney General Consumer Protection Division:
http://www.oag.state.md.us/Consumer/index.Htm