When buying certain goods, we are often given a commercial guarantee. This guarantee does not replace the protection the law gives us but provides additional benefits.

To verify what these are, we need to read the terms and conditions of the commercial guarantee. Among its clauses we should find information on how to claim a remedy under warranty when a problem crops up.

It is important that we adhere to these conditions, because if we don’t we may lose our right to free repair or replacement. If, for example, the guarantee requires that we present a document when making a claim, not doing so may result in having our claim for remedy rejected. We may also be asked to present the proof of purchase when making a claim and to make our claim in writing.

To know what remedies we are entitled to, we should carefully read the information in the guarantee’s documents. It is our responsibility to ask the trader to issue the commercial guarantee in writing so that we can read the terms and conditions.

The commercial guarantee should clearly stipulate what the guarantor undertakes to do if there is a problem with the goods covered by the commercial guarantee. This kind of guarantee must also provide a clear description of the goods or services covered under the guarantee.

The guarantee document should also include information on the person responsible for the guarantee and how to communicate with him. If no such information is provided, the seller who issued the commercial guarantee is responsible. Even though a commercial guarantee is given out voluntarily by sellers, once given it is legally binding.

If the goods covered by the commercial guarantee have been purchased from a foreign seller, before making a claim, we should check the guarantee’s territorial scope. It could be the case that the guarantee is only valid in the country where the product was purchased from and hence the consumer cannot make a claim under the guarantee if he resides in another country.

If the goods have been bought second hand from another consumer, we must check what the guarantee says in this regard. The law stipulates that if the commercial guarantee does not specify that it cannot be transferred, it may also be availed of by any subsequent owners of the goods to which the commercial guarantee refers.

Before giving up on a claim, we should remember that our purchase is also legally covered and that we may request a free remedy if the product purchased less than two years ago turns out to be defective or does not conform to the contract of sale.

In fact, the Consumer Affairs Act stipulates that in the commercial guarantee’s documents we should be informed that, apart from the commercial guarantee given to us by the seller, we also enjoy certain rights by law and that these are not adversely affected by the seller’s guarantee.

If a shop sells us a new product more cheaply on a ‘no guarantee’ basis, this only means that we do not have any additional protection.

We, however, still have the right to a two-year guarantee if the product turns out to be faulty or not as advertised.

odette.vella@mccaa.org.mt

Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.