Q: Towards the end of 2010 I had waterproofing membrane done on the roof of my house. The work done carried a 10-year guarantee.

Two years after the work was done some of the membrane started peeling off the wall. I therefore called the service provider to complain about this. He came over to my house and fixed where I pointed out that the membrane was coming off. He did not bother to check out the rest of the membrane.

Two years after this repair was done, the same problem occurred, except that this time rain water also got under the membrane and leaked through the roof of some rooms below.

I decided to engage an independent professional to assess the damage and was informed that the membrane cannot be re-attached to the wall as the work was not done properly the first time. This professional advised that a new waterproofing system had to be fitted once again.

Since the work has not been done properly, am I eligible to file a complaint with your office and demand my money back?

A: Due to the fact that the membrane was provided by the supplier more than two years ago, the remedies provided by the Consumer Affairs Act are no longer applicable.

In your particular case, the remedies and solutions you are legally entitled to are those stipulated in the commercial guarantee given to you by the trader. The trader is legally obliged to honour and abide by the 10-year guarantee he gave you and hence provide you with the remedies as stipulated in the commercial guarantee.

If the trader refuses to do so, you may proceed with filing a complaint against the trader with the Office for Consumer Affairs.

Malta Competition and Consumer Affairs Authority
Office for Consumer Affairs
Mizzi House,
National Road,
Blata l-Bajda
HMR 9010

Freephone: 8007 4400
Tel: 2395 2000
Enquiries: info@mccaa.org.mt
Consumer complaints: fair.trading@mccaa.org.mt
Website: www.mccaa.org.mt

MCCAA office hours for the public:
Monday, Tuesday, Thursday and Friday from 8.30am to 12.30pm
Wednesday from 8.30am to 4pm

European Consumer Centre Malta
(For complaints against traders in other EU states)

47A, South Street,
Valletta.
VLT 1101

Monday to Friday from 8.30am to 3pm.

Tel: 2122 1901
E-mail: ecc.malta@gov.mt

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