Legal guarantee valid for two years

No matter how often I refer to this issue with a particular focus on the fact that the legal guarantee is valid for two years, there are still too many traders who intentionally choose to ignore this.

However, what makes it worse is that too many traders manage to persuade consumers that the items they sell are only guaranteed for six months. There are even traders who tell consumers that various items are not guaranteed at all.

Unfortunately many rogue traders exploit consumer ignorance of legal and commercial guarantees.

There are two types of guarantees: the legal guarantee and the commercial guarantee (Laws of Malta, Chapter 378: Consumer Affairs Act Articles 56-93).

In a trader-consumer transaction (i.e., an item sold by a trader to a consumer) the consumer is automatically entitled to the legal guarantee, which is valid for two years. The relevant provision is in the Consumer Affairs Act, Part VIII, article 78, which clearly stipulates:

"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, since it had been anticipated that rogue traders might try to evade this issue through contractual clauses, the law further drives the point home, and in article 81 it stresses:

"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, but voluntary. They are offered on the basis of the principles of a liberalised market place in which traders have the opportunity to try to win our custom by offering us a better service then other traders.

This means that, when traders offer a commercial guarantee, the consumer is still legally entitled to the "legal" guarantee. The commercial guarantee is meant to increase and improve consumers' rights and most definitely not to replace or reduce them.

While bearing in mind that the duration of commercial guarantees is subject to the traders' discretion, there are rogue traders who offer a commercial "six-month" guarantee and mislead consumers into believing that, after six months, the trader is no longer liable.

However, the truth is that, after six months, the legal guarantee would still be valid for a further year and a half, with the consumer being covered against what is legally defined as "lack of conformity".

Only last week I bought a radio- cum-CD player. The trader told me that it was only guaranteed for six months but I pointed out to her that I am legally entitled to a two-year guarantee.

In layman's terms this concept means that, if at any stage within two years from the date of purchase the bought item does not conform to the established performance it is supposed to give, or the item does not correspond to what the consumer ordered, the seller is legally obliged to provide a remedy, free of charge.

There are too many rogue traders who, on one hand, offer a commercial guarantee, which expires after six months from the date of purchase, while they mislead consumers into believing that there is no legal guarantee. Therefore, I have no other option but to continue explaining this regularly.

Finally, I appeal to consumers who are aware of their rights in this context to explain them to other consumers who may be unaware of them.