Q: Some manufacturers offer commercial guarantees on products that last beyond the two-year legal guarantee, such as energy saving lamps with an expected life of 8,000 hours, or PV panels with an expected life of 10 or 25 years.

What are our consumer rights when buying such products? What documentation do we need to keep? What are the liabilities of the seller if faced with a failed product when the manufacturer or importer no longer exists?

A: Whenever a commercial guarantee is given to consumers, whether it is given by the manufacturer or the seller, it should always be given in writing and in one of the official languages of Malta – Maltese or English.

Consumers should also be given the terms and conditions that apply to the commercial guarantee. One of these conditions should clearly state “the contents of the guarantee, including its territorial scope if this is limited”.

This basically means that if a guarantee only applies to a specific country or countries, this limitation should be specified in the terms and conditions of the guarantee.

Very often, a manufacturer’s guarantee is limited to the country where the manufacturer operates. This is why sellers issue their own commercial guarantee. When retailers/sellers are going to assume the role of guarantor of the commercial guarantee, their contact details should be included in the commercial guarantee or they should give consumers a separate guarantee.

It is the guarantee given to consumers that is legally binding on the seller. In other words, if besides the manufacturer’s guarantee, which is usually printed on the instructions booklet/leaflet, or box of the product purchased, the consumer is given a separate guarantee by the seller, the latter is only legally obliged to adhere to the commercial guarantee given to the customer.

It is important to keep any papers, leaflets, boxes where the commercial guarantee is mentioned and where there are the applicable terms and conditions. It is also important to keep the proof of purchase, to prove when the product was purchased.

The seller remains liable for the product sold during the first two years from the date of purchase, and if a commercial guarantee was issued, the period of time the commercial guarantee remains valid for.