Q: Four years ago, I bought a washing machine. Its commercial guarantee expired recently. A few days afterwards, it started making a noise while spinning.
I immediately contacted the trader from whom I bought it to report the fault and asked for the repair to be covered by the commercial guarantee as the fault developed only a few days after it had expired.
My request was granted and the machine was picked up for repair. Eventually, I was informed that the parts to repair the washing machine were not available and that I had to wait a week for them to arrive. It was therefore agreed that I would be provided with a replacement washing machine until the repairs were done.
The day after, I received a call saying the parts to repair the washing machine were no longer available because their production was discontinued by the manufacturing company.
As far as I know, a supplier has to supply parts for equipment sold for up to 10 years. I would like to know what are my rights and whether I should insist on the washing machine being repaired or replaced under the guarantee?
A: With regard to your claim that a supplier is bound to guarantee supply of parts for equipment sold for up to 10 years, in actual fact, the Consumer Affairs Act stipulates that if the goods purchased are of a nature that may require maintenance, or possible replacement of part, then these parts and appropriate repair service must be made available for a reasonable time from the date of delivery of the goods by the trader to the consumer. The law does not mention 10 years but a ‘reasonable time’. If you and the seller do not reach an agreement, it is up to a tribunal or court to decide what is reasonable.
Regarding free repair, since both the two-year legal protection and the commercial guarantee have expired, you are not legally entitled to free repair or replacement. If, however, you reached an agreement with the seller to have the repair carried out for free, then the seller is bound to honour the agreement.
If the seller refuses, or is unable to provide you with the part you need to repair the washing machine, then you can contact the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority and file a complaint against the trader.