Legal guarantee is valid for two years

Chris Magri writes:

'I recently bought a portable hard disk. The seller told me that the product guarantee is valid for one year. I told him that the guarantee should be for two years. The salesman told me that since the product is electronic hardware, the warranty is only for one year. Is he telling the truth?'

I am often approached by consumers who ask me a broad spectrum of questions on consumer issues. However, the issue on which consumers ask most questions is guarantees. Indeed, this is a perennial issue which I repeatedly have to explain.

First of all, a particular factor which confuses consumers is the distinction between the 'legal guarantee' and the 'commercial guarantee'.

The former is compulsory and valid for two years no matter what, while the latter is not compulsory. Moreover, unlike the legal guarantee, the validity period and conditions of commercial guarantees are determined by traders that offer them.

The idea behind commercial guarantees was to give traders an opportunity to offer consumers a superior guarantee with better conditions than the legal guarantee. However, the contrary has happened.

The problem is that there are traders offering commercial guarantees valid for, say, six months who mislead consumers into believing that this is the only guarantee. However, the truth is that even if such a guarantee expires after six months, the legal guarantee would still be valid for another 18 months.

Another important aspect many consumers find confusing is the issue of conformity, which means a product performs the functions it is supposed to. A very important issue regarding performance is that, if there is a lack of conformity within the first six months after delivery, it is presumed to have existed at the time of delivery unless proven otherwise. Therefore, the trader bears the responsibility to prove otherwise.

However, unfortunately there are many traders who conveniently choose to misinterpret the six month time limit and confuse consumers by informing them that, after six months, they are no longer liable. I stress yet again that after six months traders are still liable for another 18 months as explained above.

Regarding latent (hidden) defects, the buyer is protected by law for a period up to six months from the date of delivery or from when such defect is discovered.

Below is a list of five companies that, over and above the legal guarantee, offer commercial guarantees for two years. Following meetings that I held with the respective company directors, they also agreed to add the following additional benefits to their guarantees:

Firstly, they agreed to make their guarantee transferable, thus rendering them exclusive.

Secondly, with regard to bulky appliances, if customers experience faults or breakdowns during the guarantee period, they can inform the respective suppliers by telephone.

Thirdly, within the commercial guarantee period, should it not be possible to sort out the problem over the telephone, these suppliers will call at the customers' address and will not charge a 'call-out' fee.

A final important aspect of their guarantees is that they offer coverage for parts, labour, and transport for the full guarantee period.

Aplan Ltd: Managing director: Alex A. Mizzi; General manager: Lino Apap; Head office (and outlet): Aplan Centre, Birkirkara Bypass, Birkirkara. Tel: 2148 0590, 2148 0593; Fax: 2148 0598; e-mail: admin@aplan.com.mt.

Centro Casalinga: Managing director: Jacques Scerri; Head office: J.J. Scerri Co. Ltd, Quarries Street, Sta Venera. Tel: 2125 0980/1/2; Fax: 2123 5942; e-mail: sales@jjscerri.com.

Forestals (Appliances) Ltd: Managing director: Tancred Tabone; Head office: 110, The Strand, Sliema. Tel: 2134 4700/7; 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.

The Phoenix Group: Managing director: Steve Petroni; Head office (and outlet): Old Railway Track, Sta Venera. Tel: 2385 2200; Servicing Dept: 2385 2300; Fax: 2144 9216; e-mail: info@phoenixgroupmalta.com; Website: www. phoenixgroupmalta.com.