When we buy goods for personal use, there is a specific law – the Consumer Affairs Act – that protects us.

Whenever goods are replaced under guarantee the latter does not apply from scratch- Odette Vella

This protection applies when purchased goods are either not fit for the purpose for which they were bought and/or for which goods of the same type are normally used, or are not as agreed during the contract of sale.

In such a situation, the trader is obliged to provide us with a remedy. Available remedies are either to have the goods repaired or replaced for free.

When these remedies are not possible, or may cause significant inconvenience to consumers, we may either claim a reduction in the price paid or to have the contract of sale terminated, and thus receive a full refund. These legal remedies are available for up to two years from the delivery date of the product.

In addition to this legal protection, manufacturers and retailers may also issue their own commercial guarantees. These are given out voluntarily and therefore there is no legal obligation for shops or suppliers to provide them. Commercial guarantees are mainly given as promotion and to enhance consumer confidence in the product.

However, once a commercial guarantee is given, the law stipulates that it should not adversely affect the remedies available, and that such guarantees should place consumers in a more advantageous position than that established by law.

Furthermore, commercial guarantees, when given, should always be in writing, their terms and conditions should be clearly legible, and formulated in at least one of the official languages – Maltese or English.

Commercial guarantees must also include specific information, such as:

• The name and address of the person responsible for the commercial guarantee;

• The duration of the guarantee from date of purchase. If different periods are stipulated for the different parts of the goods, these must be clearly specified;

• How a consumer is to proceed to make a claim and to obtain execution of the commercial guarantee. Consumers should be provided with an address in Malta where claims may be sent;

• Whether the commercial guarantee may be transferred to others. If such transfer is not specifically prohibited, the guarantee may also be availed of by any subsequent owners;

• It should provide a clear description of the goods or services covered under the guarantee. Unless it is stated otherwise, it is automatically assumed that the guarantee covers any defects that may result during the period of the guarantee;

• Clearly stipulate what the guarantor will do if there is a defect in the covered goods or if services are not properly carried out; and finally,

• It should clearly state that the consumer’s legal rights are not adversely affected by the guarantee.

Even though these terms and conditions should be included in commercial guarantees, the law states that even in circumstances where requirements are not met, the validity of the guarantee is not affected and consumers are still entitled to claim and require that it be honoured.

At the consumer’s request, the commercial guarantee should be made available in writing or in another medium accessible and available to the consumer.

Furthermore, the Consumer Affairs Act stipulates that consumers may not be asked to pay any fee or be charged for executing a commercial guarantee, unless this had been expressly and clearly stipulated in the commercial guarantee.

Even the cost of transport for executing the guarantee should be borne by the guarantor unless otherwise stipulated in the terms and conditions.

While goods are being repaired or replaced under the commercial guarantee, the duration of the guarantee should be automatically extended for a period of time equal to that during which the guarantor had the goods or part of them in his possession.

However, whenever goods are replaced under guarantee, the latter does not apply from scratch but the timeframe continues.

It is in our interest to carefully read the guarantee’s terms and conditions, not only to know what is and what is not covered and for how long, but also to know of any conditions attached to the guarantee. These may vary significantly from one guarantee to another, and if they are not observed the guarantee could be invalidated.

Finally, we should keep in mind that should a problem with a purchased product crop up, and we are not covered, before forking out any money we should first check whether our legal rights protect us.

customer@timesofmalta.com

odette.vella@gov.mt

Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.