Q: I purchased three ceiling fans, of which I installed and tried two. However, both fans did not work properly. I returned them to the seller to have them checked. The company’s technician informed me that he needs to replace the capacitor in all the fans.

I am a bit concerned, since the fans are brand new and actually never worked. Furthermore, I incurred the extra expense of hiring a technician to have the fans installed, tested and removed. What remedy am I entitled to? Am I supposed to accept the repair offered by the seller?

A: When a product purchased is defective, the law entitles consumers to ask for repair or replacement. Since in your case the fans were still brand new when the defect appeared, you may insist to have them replaced with new ones. However, if the seller insists on repairing by replacing the defective part, keep in mind that the law does allow repair as a form of remedy.

Should you eventually accept to have the fans repaired instead of replaced, you should know that if the problem recurs, you may then insist on a brand new replacement. If this is not possible, you may cancel the sale and ask for your money back.

With regard to paying an electrician to have the fans installed, since it wasn’t your fault that you had to remove them and will eventually need to re-install them, you may ask the seller to cover the expenses of the second installation – so that you do not incur any extra charges for something that was not your fault.

If no agreement is reached between you and the seller on the kind of remedy you should get, you will need to file a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority for mediation.