Whenever we are about to purchase a product that usually carries a commercial guarantee, instinctively we ask about such guarantees before making up our mind on what to buy and who to buy it from.

Commercial guarantees usually promise to fix, free of charge, any faults that might arise during a specific period of time. These kind of guarantees are given out voluntarily by sellers, but once given, they are legally binding. In other words, if a commercial guarantee is not honoured by the guarantor, they are legally enforceable.

As consumers, it is in our interest to request that the commercial guarantee is given to us in writing and in a language that can be easily understood. Furthermore, the written guarantee should include: the name and address of the guarantor; the person responsible for executing the guarantee; the duration of the guarantee (different timeframes may be stipulated for different components of any goods); the procedure for making a claim under the commercial guarantee; a clear description of the goods or services covered under the commercial guarantee; what action the guarantor undertakes and any charges involved; and it must be clearly stated whether the commercial guarantee may be transferred to other people.

The commercial guarantee must also clearly state that the consumer’s statutory rights are not adversely affected by the guarantee. In other words, commercial guarantees do not replace our legal rights but are rather an addition.

To make sure we get the maximum protection from a commercial guarantee, we must read and understand its terms and conditions. For example, we may need to register the guarantee with the manufacturer for certain conditions to be met.

We should also read the small print, where we may find what is exactly covered by the guarantee. For instance, in case of electrical goods, there may be some parts that are not covered. We should also double check if labour costs are included in the guarantee.

It is also our responsibility to make sure we do not misplace or lose the guarantee’s documents. If we do, we may not be able to claim any of the remedies the commercial guarantee grants.

We should also keep in mind that besides any commercial guarantee we may be given with the products purchased, we are always entitled to our legal rights. These rights stipulate that the goods we buy must be as described and agreed during the contract of sale.

If not, we are entitled to a free remedy, such as repair or replacement, or a refund of part of the price, or revocation of the contract of sale. As a first step, we are entitled to have the goods repaired or replaced.

Either of these remedies should be completed within a reasonable period of time, and without causing us significant inconvenience. When repair or replacement are not possible, or are inconvenient, we may either claim a reduction in price or termination of the contract of sale, that is, a full money refund.

These remedies can be claimed within two years from delivery of the product purchased. Hence, if we purchase a product that carries a commercial guarantee that is shorter than two years, legally we are still covered for up to two years if the product is defective or not in conformity with the contract of sale.

However, it must be specified that the Consumer Affairs Act stipulates that if the lack of conformity is apparent within six months, it is presumed to have existed when the goods were delivered, unless proved otherwise by the trader.

On the other hand, if the consumer discovers the defect after the first six months, then it may be up to the consumer to prove that it was there at the time of sale.

If the trader fails to honour his legal obligations, then we may file a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority, to have our case investigated and mediated, with the aim of reaching an amicable solution.

If such a solution is not achieved, we may then take our case to the Consumer Claims Tribunal as long as the claim does not exceed €3,500.

odette.vella@mccaa.org.mt

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