Guarantees - perennial issue

Consumers often ask me questions on various issues, the most common being guarantees. This is why it needs to be amply explained.

A confusing factor is the distinction between a legal guarantee and a commercial one.

The legal guarantee is compulsory and valid for two years, while the commercial guarantee is not compulsory. Unlike the legal guarantee, the validity period and conditions of the commercial guarantee are determined by the traders.

There are traders who offer a six-month commercial guarantee, misleading consumers into believing that it is the only guarantee 'valid for six months'.

However, the truth is that, on expiring after six months, the legal guarantee is still valid for another 18 months. Another confusing issue for consumers is the question of conformity - that the item in question performs the functions it is meant to, correctly. Regarding performance, if lack of conformity is detected within the first six months after delivery, the fault is presumed to have existed at the time of delivery, unless proven otherwise.

Therefore, the trader bears the responsibility to prove otherwise.

Unfortunately, there are too many traders who conveniently choose to misinterpret this issue and confuse consumers, misinterpreting the six- month issue and informing customers that, after six months, they are no longer liable. I stress that after six months, customers are still covered for another 18 months.

With regards to latent defects, the buyer is protected by law for a period of up to six months from delivery date or from when a defect is discovered.

However, on a positive note, we have a list of companies who offer commercial guarantees for two years over and above the legal guarantee. I have also added a few conditions, which company directors needed to adhere to if they wished to remain on the list. This was a laborious task but well worth the effort. We lost four companies in the process.

The remaining five suppliers agreed to make their guarantee transferable. With regards to bulky appliances, if their customers come across any faults or breakdowns during the guarantee period, they can phone the supplier.

This is the list of suppliers:

Aplan Ltd: Managing director Alex Mizzi; general manager Lino Apap; head office (and outlet): Aplan Centre, Birkirkara bypass, Birkirkara BKR9037 (2148 0590, fax: 2148 0598; e-mail: service@aplan.com.mt. Website: www.aplan.com.mt.

Centro Casalinga: Managing director Jacques Scerri; head office: J.J. Scerri Co. Ltd, Rainbow Street, Msida MSD1161 (tel: 2125 0980/1/2); fax: 2123 5942; e-mail: sales@jjscerri.com; Website:www.centrocasalinga.com.

Forestals (Appliances) Ltd: Managing director Tancred Tabone; head office: 110, The Strand, Sliema (tel: 2343 6000; fax: 2134 4709; e-mail: info@forestals.com. Website: www.forestals.com.

Oxford House Ltd: Managing director John Galea; head office (and outlet): Notabile Road, Mrieħel (tel: 2144 2334; fax: 2148 8656; e-mail: info@oxfordhouse.com.mt. Website: www.oxfordhouse.com.mt.

The Phoenix Group: Managing director Steve Petroni; head office (and outlet): Old Railway Track, St Venera (tel: 2385 2200); servicing department: 2385 2300; fax: 2144 9216; e mail:info@phoenixgroupmalta.com. Website: www.phoenixgroupmalta.com.