| a) |
with a price value above the threshold prescribed in terms of subsection (5); |
and
| b) |
if, in terms of that transaction or agreement, a service provider supplies a repair or maintenance service to, or supplies or installs any replacement parts or components in, any property belonging to or in the control of the consumer, and— |
| i) |
the service provider has, or takes, possession of that property for the purpose contemplated in this paragraph; or |
| ii) |
in any other case, the consumer requests an estimate before any services or goods are supplied. |
| 2) |
A service provider to whom this section applies, must not charge a consumer for the supply of any goods or services contemplated in subsection (1). unless— |
| a) |
the supplier or service provider has given the consumer an estimate that satisfies the prescribed requirements, and the consumer has subsequently authorised the work; or |
| b) |
the consumer, in writing, or by another recorded manner or form, has— |
| i) |
declined the offer of an estimate, and authorised the work; or |
| ii) |
pre-authorised any charges up to a specified maximum, and the amount charged does not exceed that maximum. |
| 3) |
A service provider to whom this section applies must not charge a consumer for preparing an estimate required in terms of subsection (2)(a), including— |
| a) |
any cost of performing any diagnostic work, disassembly or re-assembly required in order to prepare an estimate; or |
| b) |
any damage to or loss of material or parts in the course of preparing an estimate, |
unless, before preparing the estimate the service provider has disclosed the price for preparing that estimate, and the consumer has approved it.
| 4) |
If a supplier has provided an estimate for any service, or goods and services, the supplier may not charge the consumer a price for that service, or those goods and services, that exceeds the estimate, unless after providing the estimate— |
| a) |
the service provider has informed the consumer of the additional estimated charges; and |
| b) |
the consumer has authorised the work to continue. |
| 5) |
The Minister may, by notice in the Gazette, prescribe a monetary threshold for the purpose of subsection (1)(a). |
Intellectual Property Rights from Publicly Financed Research and
