Another query on guarantees

This year I have made a big effort to minimise consumers' confusion about guarantees with a particular focus on the distinction between the Legal Guarantee and the Commercial Guarantee. Over the years I had to indulge in boring repetition on this issue.

However, as long as traders exploit consumers' lack of awareness, I have no other option but to continue to clarify and explain to consumers. I will never give up on this issue, even at the expense of being boring. Here is another query on this issue worth sharing:

I have just received one of the now popular advertisement magazines. One of the advertisers is offering appliances, some of which are sold cheaper, for a reduced commercial guarantee. For example, an appliance is sold for Lm40 with a six-month guarantee or Lm45 with a one-year guarantee.

On the other hand, I am aware that the legal guarantee is valid for two years, as long as the appliance is correctly used and the damages do not result from normal wear and tear.

In the light of this, should one opt for the cheaper appliance? And would the two-year cover still hold? (Owen Darmanin)

There are two types of guarantees, the Legal Guarantee and the Commercial Guarantee (Maltese Laws Chapter 378 Consumer Affairs Act Articles 56-93).

In a trader-consumer transaction the consumer is automatically entitled to the Legal Guarantee, which is valid for two years. The Legal Guarantee cannot be given up or taken away. If that is not clear enough, "a consumer cannot renounce the Legal Guarantee".

On the other hand, the Commercial Guarantee is not obligatory. The options you referred to, namely, "an appliance is sold for Lm40 accompanied by a six-month guarantee or Lm45 if accompanied by a one-year guarantee" can only apply to Commercial Guarantees and they are not illegal. The concept of Commercial Guarantees constitutes an opportunity for traders to maximise on the liberalised marketplace enabling them to offer something better than other traders operating in the same marketplace.

Therefore, irrespective of whether one chooses one option or the other, the Legal Guarantee would still hold for two years, no matter what.

I must yet again stress that, if a trader wants to offer another guarantee, he can only offer it over and above the Legal Guarantee and not instead of the Legal Guarantee.