Commercial guarantees given to consumers by sellers are voluntary guarantees and may vary significantly in their terms and conditions. In fact, these guarantees may be given for different periods of time. When a commercial guarantee is given for less than two years, consumers think that the seller is breaking the law. This happens because consumers confuse these guarantees with their legal rights.
Consumers should be aware that whenever they purchase a product, the law protects them by giving them specific rights. The two-year guarantee is provided to consumers through the Consumer Affairs Act and it gives them the right to claim a free remedy when the product purchased does not conform to the contract of sale or results faulty.
These legal rights cannot be diminished by commercial guarantees. In fact, the Consumer Affairs Act states: “A commercial guarantee is an additional guarantee which places the beneficiary of such a guarantee in a more advantageous position than that established at law. A commercial guarantee shall not adversely affect other available remedies under any other law governing contractual or delictual liability.” Furthermore, according to the Consumer Rights Regulations, traders are obliged to remind consumers of the existence of a legal guarantee of conformity for goods and thus make it clear to consumers that their legal rights are not adversely affected by the commercial guarantee. Consumers should therefore be aware that when they are given a commercial guarantee for less than two years, after the guarantee expires their legal rights still apply.
When a commercial guarantee is given for less than two years, consumers think that the seller is breaking the law. This happens because consumers confuse these guarantees with their legal rights
While a commercial guarantee is still valid when a problem with a product crops up, if the remedies provided by law are more beneficial to consumers, the latter may opt to exercise their legal rights instead of the remedies stipulated in the commercial guarantee. For instance, if a commercial guarantee only provides for a product to be repaired or replaced, consumers may still claim a refund as provided in the Consumer Affairs Act if repair or replacement will cause them a significant inconvenience.
On the other hand, when consumers are provided with a commercial guarantee longer than two years, once this period of time elapses consumers are only eligible to the remedies provided in the commercial guarantee. Hence, it is important for consumers to ensure that such guarantees are given to them in writing and that it includes information on: who is responsible of the commercial guarantee; the length of the guarantee; description of the goods and services covered; as well as the remedies provided by the guarantee.
Moreover, while goods are being repaired or replaced under the commercial guarantee, the duration of the guarantee should be automatically extended for a period of time equal to that during which the guarantor had the goods in his possession. However, when goods are replaced under guarantee the latter does not start from scratch but the original guarantee continues.
odette.vella@mccaa.org.mt
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.