Guarantees query

Q: I was recently told that the two-year guarantee is only valid if there is a defect in the object purchased in the first six months from the date of purchase. Is this correct?

If this is so, I think it would be very difficult for the consumer to prove that there was a defect during the first six months, especially if a longer period has passed.

A: First of all, I would like to make a distinction between the commercial guarantee and the guarantee given to us by the Consumer Affairs Act.

The commercial guarantee is given to consumers by traders upon buying certain types of products and this is valid for the amount of time decided by the trader. It is voluntary and therefore traders may opt whether to give it or not and may also decide for how long it applies.

The legal guarantee, which is the one you are referring to, is valid for two years from delivery of the goods purchased. However, the law specifies that if any defect or lack of conformity becomes apparent within the first six months, it shall be presumed to have existed at the time of delivery.

If, on the other hand, a defect becomes apparent after the first six months, the consumer may be asked to prove that the product was defective at the time of purchase.

In other words, consumers are entitled to a remedy/compensation if a product results defective, for up to two years.

The only thing is that if the defect becomes apparent after six months, they may be asked to prove that it was defective.

Proving that a product is defective depends on the defect that crops up and on the type of goods purchased. If the product purchased stops functioning after eight months or one year, and the lifespan of this product is more than one year, it must have been defective in the first place.

Usually, a technical report on what caused the defect is enough to prove whether the product purchased had an inherent defect at the time of purchase.