Problems with new appliances

When new appliances break down, consumers may feel frustrated, and if the retailer does not offer a prompt and satisfactory solution, they may even become furious.

This is especially so if the consumer has been careful in his choice and invested in a good quality product, and not just shopped around for the cheapest price.

When an appliance stops working, the consumer would usually request to have the appliance replaced or to be refunded.

While the Consumer Affairs Act protects consumers facing problems with products purchased, the kind of remedy they may be entitled to may vary from their expectations.

Even though the law states that when a product results defective or is not in conformity with the contract of sale, the remedy can either take the form of free repair or replacement, the remedy chosen should neither cause a significant inconvenience to the consumer nor impose disproportionate costs on the trader if alternative remedies are available.

This means that if a repair is opted for, it should be completed within a reasonable time and without any significant inconvenience to the consumer. To evaluate the inconvenience, the law takes into account the nature of the goods and the purpose for which they were bought.

So if, for instance, a washing machine turns out faulty and repair would take days or weeks, the trader should provide the consumer with a replacement until the repair is carried out. If a temporary washing machine is not available, the consumer may refuse free repair and claim a replacement of the defective product.

In situations where even replacement is not possible, the consumer may ask either for a reduction of the price or a full refund. However, a full refund may not be opted for if the lack of conformity is minor or insignificant.

When the defective appliance is replaced with a new one during the two-year legal protection, this protection does not start all over again with the new product. This also applies to commercial guarantees. A new guarantee usually comes with a new purchase.

A good commercial guarantee may prove valuable in case of problematic white goods. Even though there is the law that protects consumers in case of goods having a latent defect or are not in conformity with the contract of sale, when consumers are also in possession of a commercial guarantee, problems may be solved faster and without complications.

A commercial guarantee is given voluntarily by the trader and usually has its own terms and conditions. One of the most important conditions consumers should look out for is the length of the commercial guarantee. Since such guarantees are optional, the period of time for which they are given usually varies from one trader to another and also from one type of product to another.

Even though it is given voluntarily, once a commercial guarantee is given, the guarantor is legally obliged to observe its terms and conditions. The Consumer Affairs Act also specifies that when a commercial guarantee is given, specific information should be included in its terms and conditions, such as the name and address of the guarantor, length of the guarantee, and description of goods and services covered by it.

Furthermore, unless expressly stipulated in the guarantee, the guarantor cannot request a fee or charge for executing the guarantee. The law also states that the guarantee is automatically extended by the period during which the guarantor had the goods in his possession while executing the guarantee.

When purchasing appliances with commercial guarantees, consumers should read and observe all the conditions in the guarantee. Some of these conditions, if not observed, may invalidate the commercial guarantee.

For instance, to be able to use the commercial guarantee, it is usually stipulated that the document of the guarantee should be presented with the complaint.

There may also be conditions that impose on the consumer to service the purchased product at specific intervals and also at a specified service centre.

While these conditions should be observed by the consumer, at the same time they could never limit or affect the consumer's legal rights.

Whenever an appliance breaks down and consumers are not satisfied with the remedy the trader offers, they should remember that legally there are various remedies they could opt for.

Hence, before reluctantly accepting the remedy offered, consumers should first double check their legal rights. If no satisfactory solution is reached with the trader, consumers are advised to seek the assistance of the Consumer and Competition Department by calling free phone 8007 4400.

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

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