Q: I recently purchased a new motorbike from a local agent. A few weeks after buying this bike I started hearing an unusual noise every time I drove it. I already took the bike three times to the agent to try and fix the problem but the issue was not resolved.
I would like to know what my rights are in this particular situation and what remedy I am entitled to.
A: When the goods we buy turn out to be defective, the law entitles us to a free remedy. Sellers should be allowed to repair the defective product but when, as in your case, the repair is carried out more than once and it does not solve the problem, then consumers may instead claim a free replacement of the defective product.
Hence, in this particular case, you may inform the seller that you do not want the motorbike to be repaired again and instead ask for a replacement. If the seller cannot replace the motorbike with a similar one that does not have such a defect, then you may opt to cancel the sale and request a money refund.
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 to Friday from 8.30am to 12.30pm
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