Perennial issue

I received the following letters about guarantees:

I would like to ask you what rights as a consumer are regarding an appliance that developed an irreparable fault six months after the expiry of the two-year guarantee, if it can be proven that this fault was exactly the same in similar models, and that the seller knew about this defect. (Joseph Farrugia)

If it can be proven that there was a latent defect in your appliance as well as in similar appliances, you have a case. However, if you know of other consumers who bought the same appliance and had the same problem, I would advise you to get together and seek legal advice.

I bought a mobile phone for my daughter and after a year and a few months a defect developed in the software. When somebody tries to phone her, the mobile switches off.

The phone had a six-month guarantee and was bought in August 2006 for €114.14 (Lm49). I went to the shop to have it fixed, knowing something about the 'two-year guarantee'. I didn't check the back of the receipt for the six-month guarantee, but the salesman wanted to charge me €23.30 (Lm10) to fix it without even asking me when I bought it or if it was under guarantee.

He just said: "I will get the technician and have it fixed right away. It will cost you €23.30". I was surprised, so I said 'no' and left.

However, I called and told him about the two-year legal guarantee which he didn't seem to know existed, telling me that if I wanted to fix it I had to pay and that a long time had passed since I bought the phone.

What are my rights if he refuses to comply? (Sandra Portelli)

You are entitled to the legal guarantee, which is valid for two years. This is a perennial issue I've been writing about since 1992. However there are too many rogue traders who will persist in telling consumers that there is no legal guarantee. First of all, a particularly confusing issue is that there are two types of guarantee - legal and commercial.

The legal guarantee is compulsory and is valid for two years. The commercial guarantee is not compulsory and its validity period and conditions are determined by traders.

In this context, the problem lies in the fact that that there are traders who offer a commercial guarantee valid for six months, leading the consumer to believe it is the only guarantee. I stress: when the commercial guarantee expires, the legal guarantee is still valid for another 18 months.

Another important aspect is conformity, meaning that the item in question performs the functions it is meant to perform. 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.

After this six-month period consumers are still protected against hidden defects in goods. The trader can be held liable for any lack of conformity for a period of up to two years from the date of delivery. However, after the initial six-month period, it is up to the consumer to prove that the lack of conformity existed at the time of delivery.

Unfortunately, there are many traders who conveniently choose to misinterpret this issue, taking advantage of the confusing scenario and informing consumers that after six months they are no longer covered.