Q: I have a query regarding the opening of a commercial guarantee. I am purchasing new household goods for my new house and the guarantees of these goods are still closed. These will be opened by the seller in three years’ time when I will start using them.

My query concerns a kitchen machine which I received as a gift. When I went to the seller to request that the machine’s guarantee to be opened when I start using it, I was informed that the guarantee starts from the date of purchase.

I would like to know whether the seller has the right to open the guarantee from the date of purchase and not from when I start using the appliance?

A: Since commercial guarantees are given out voluntarily by sellers, the latter may impose terms and conditions on the use of such guarantees. Hence, it is not illegal for sellers to decide that commercial guarantees commence from the date of purchase. In actual fact such practice is considered the norm.

Furthermore, since you are purchasing appliances which you won’t be using before three years you should be aware that the two year legal protection provided by the Consumer Affairs Act starts from the date consumers take possession of the purchased goods. This means that by the time you will start using these appliances the legal guarantee will have expired.

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