A common question consumers ask is what remedies are they entitled to when goods bought are faulty. Very often, whenever a product stops functioning properly, the first thing that comes to mind is whether or not it is covered by a commercial guarantee. This is usually given by the manufacturer/trader to the consumer and in most cases undertakes to carry out free repairs for problems that can be attributed to manufacturing defects.

Traders are not legally obliged to provide a commercial guarantee, but if they do, it must be in plain English or Maltese and should clearly explain how to make a claim. Moreover, specific information must be included in its terms and conditions, such as the name and address of the guarantor, the length of the guarantee and a description of the goods and services covered.

Consumers also have specific responsibilities when purchasing a product with a commercial guarantee. There are conditions that must be observed. If not, the guarantee could be invalidated.

But the commercial guarantee is not the only protection for consumers. There is also the Consumer Affairs Act, which provides certain basic rights. By law, traders are obliged to deliver to consumers goods that are in conformity with the description and specifications in the contract of sale, and that are fit for the purpose for which they are bought. If these criteria are not met, then the trader is obliged to either repair or replace the product free of charge.

When a repair is being carried out, this should be done within a reasonable time and without inconvenience to the consumer. If this is not possible, then the consumer can refuse the repair and ask for replacement. In a situation where neither repair nor replacement is possible, the consumer may ask for a refund of part of the price or a revocation of the contract.

These remedies can be claimed by the consumer within the time limit of two years from delivery. However, the consumer must inform the trader about the lack of conformity in writing within two months from discovery of the defect. If consumers do not respect this time limit they risk losing their rights.

The law also stipulates that if the goods become faulty within the first six months, the trader must offer repair/replacement or else provide proof that the product was not faulty at the time of sale. If, on the other hand, the consumer had the goods for more than six months when a fault appears, the consumer can still ask the trader to repair/replace. However, at this point it is up to the consumer to prove that the goods were faulty at the time of purchase.

Ms Vella is senior information officer, Consumer and Competition Division.

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