Q: In 2002, our company sold a product for resale to a retailer. This retailer only managed to sell the product after more than 10 years. The customer who purchased this product in 2013 is now complaining that the product is faulty.

The seller came to us to claim a remedy for this faulty product. Since more over 10 years have passed from the date when we sold this product to the seller, what legal obligations do we have?

A: In this case the consumer is still covered by the legal guarantee, as this guarantee is valid for two years from the date the product purchased is delivered to the consumer.

The person responsible for the legal guarantee is the seller of the product, not the agent or wholesaler. Whether or not the seller can come back to you to claim compensation for the replacement or refund he gave the consumer for the defective product, that is an issue that needs to be settled between you.

The Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority cannot intervene in business-to-business transactions.

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