Legal and commercial guarantees

In my travels, as I give talks on consumer affairs to various audiences ranging from schoolchildren to pensioners, I am asked many questions. However I also acquire information as to what is going on in the marketplace.

Last week, during a talk to parents in a school, a mother told me about traders misleading consumers into believing that the guarantee of a bought item expires six months after it was bought.

This is wrong and, yet again, we have to clarify matters. There are two types of guarantees - the legal guarantee and the commercial guarantee. In a trader-consumer transaction (i.e. an item sold by a trader to a consumer) the consumer is entitled to the legal guarantee.

Moreover this has been extended from six months to two years. The relevant provision is in the Consumer Affairs Act, Part VIII, article 78, in which it is clearly stipulated that:

"The trader shall be liable under the provisions of articles 73 and 74 where the lack of conformity becomes apparent to the consumer within two years from the delivery of the goods. This period of prescription shall be suspended for the duration of negotiations carried on between the trader and the consumer with a view to an amicable settlement."

Moreover, while bearing in mind that traders try to evade this issue through contractual clauses, to further drive the point home, in article 81 it is stressed that:

"Any contractual clauses or agreement concluded by the consumer with the trader before the lack of conformity is brought to the attention of the trader, are not binding on the consumer if such clauses or agreement directly or indirectly waive or restrict the rights available under this Part."

On the other hand, commercial guarantees are not obligatory. These are offered on the basis of the principles of a liberalised market in which traders try to win your custom by offering you a better service.

This means that, when traders offer a commercial guarantee, the consumer has the benefit of the legal and the commercial guarantees. As regular readers know, we have a list of six suppliers who offer "no-nonsense" commercial guarantees, which we feature regularly. Indeed, in view of the time of the year, they deserve a mention:

Aplan Ltd, Centro Casalinga, Delta Homecentres, Forestals (Appliances) Ltd, Oxford House Ltd and The Phoenix Group.