Q: Nine months ago, I bought a power wash that had a two-year commercial guarantee. Since then I used it a number of times without encountering any problems. All of a sudden, the pressure went down considerably and its switch is not turning off. Since it was still under warranty, I returned it to the seller to be checked and fixed.

Apparently, the problem was the jet nozzle, so they changed it. The defective switch was also changed. The problem is that the seller wants me to pay for the repair, claiming the defect was due to wear and tear.

The terms and conditions of the commercial guarantee I was given with the power wash did not list the nozzle as wear and tear. In actual fact, there were other parts listed but not the nozzle.

I would like to know what are my rights in this situation.

A: Consumer law does not cover defects resulting from misuse or normal wear and tear. However, in your case, the power wash was also covered by a commercial guarantee. Even though such a guarantee is given out voluntarily by sellers, once given, it is legally binding.

Commercial guarantees should always be given in writing and, besides other information, they should include a clear description of the goods and services covered by the guarantee.

Hence, if any parts of the product purchased are not covered by the guarantee, these should be clearly excluded in the terms and conditions. In view of this, if the nozzle was not excluded or listed under wear and tear, the seller should replace the nozzle without charging you.

If you do not manage to reach an amicable solution with the seller, you may file a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.