Q: We are considering buying a data logger from a local seller and the company where we are interested in purchasing this product from is only offering us a one-year commercial warranty. Aren’t we legally entitled to a two-year warranty?

A: When consumers make a purchase, the goods bought are protected for two years from  the date of delivery through the Consumer Affairs Act. This protection is over and above any voluntary commercial guarantees sellers give when selling certain goods. Hence, if a product has a one-year commercial warranty, it is still covered by the two-year legal protection should it turn out to be not in conformity with the original contract of sale. However, this legal protection only applies when goods are purchased for personal use and not for purposes related to one’s trade, business, craft or profession.

Thus if the data logger is intended for professional use, then the two-year legal protection provided by the Consumer Affairs Act does not apply in this case.

Such business-to-business transactions are instead protected by the Civil Code. In this case, you will need to take independent legal advice to know how the law protects you should the product turn out to be defective after the one-year commercial guarantee expires.

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,
VLT 1101

Monday to Friday from 8.30am to 3pm.

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

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