Extended guarantees, consumer rights

When purchasing a new product, we are sometimes offered the possibility to extend the product's protection by buying an extended guarantee. The question is, 'is it worth to pay extra money for such a guarantee?' Before spending money, it is first of all necessary to know what our basic rights are, to compare what this added guarantee offers.

Whether we are given a commercial guarantee or offered the option to buy more protection, the retailer is legally liable for any latent defects.

Even if the goods are not in conformity with the description and specifications in the contract of sale, the retailer is held responsible for any discrepancies.

Goods bought should also be fit for the purpose. This means that, as consumers, we should be able to use them for the purpose we would normally expect, or any purpose we tell the seller we want to use them for.

When any of these criteria are not met, the retailer is obliged to either repair or replace the product free of charge. Any repair or replacement should be carried out within a reasonable period of time and without causing any significant inconvenience. Part or full refund can also be opted for when neither repair nor replacement is possible. The time limit of these remedies is two years from delivery of the product.

However, as soon as we notice something wrong we should complain immediately. If we take back faulty goods within six months of buying them, the retailer, unless proven otherwise, must accept that they were faulty at the time of sale and offer to repair or replace them. If the goods result defective after six months, it is up to us to prove that they were faulty when purchased.

So for two years we are well protected in case of defective products. In addition to this compulsory protection, some products also carry a commercial guarantee, which basically is a commitment from the trader to provide a benefit for a set period of time if the goods result defective.

Traders are not legally obliged to provide us with a guarantee. It is a myth that certain electrical products automatically come with a guarantee. However, if a commercial guarantee is provided, it must be in plain Maltese or English and clearly explain how to make a claim.

When the commercial guarantee expires, together with the two-year legal protection, it is up to the consumer to pay for the repair of faults that crop up. An extended guarantee provides protection when both the commercial guarantee and our statutory rights run out.

Whether or not it is worth buying this extra cover depends on its terms and conditions. For instance, does this extended guarantee offer new for old, or just repair? Does repair cover both labour and parts or only parts?

Does it also cover misuse and possibly loss or theft? Our decision should also be based on the value of the product purchased. Obviously, the more we spend on a product, the more it is worthwhile to purchase further protection.

Whatever our decision is, before parting with even more cash, we should keep in mind that an extended guarantee is optional and not compulsory.

We should not allow anyone to pressure us into buying something which we do not need or do not consider as good value for money.

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

customer@timesofmalta.com, odette.vella@gov.mt