Q: I am interested in buying a laser printer from a local seller. When I asked for a quotation of the cost of the printer I noticed that the printer is only guaranteed for 12 months. Is such a guarantee legal? Isn’t there a compulsory two-year guarantee on electronic devices?
Should I decide to purchase the same type of printer from the UK, would I be able to use the guarantee in Malta?
A: All types of goods purchased for personal use and not for purposes related to an individual’s trade, business, craft or profession are legally protected for two years. This guarantee is not given to consumers in writing after the sale is finalised but consumers can claim a remedy under this guarantee on presentation of proof of purchase. Repair or replacement, part or full refund may be claimed when the product purchased results defective or does not conform to the contract of sale.
The commercial guarantee given to consumers by sellers is voluntary and hence may be given for any period of time the seller wants. What consumers should not forget is that commercial guarantees cannot diminish the rights consumers have at law. This means that when a commercial guarantee is given for a period of time that is less than two years, the two-year guarantee provided in the Consumer Affairs Act still applies if the product in question is defective or does not conform to the contract of sale.
With regard to your second query about whether the guarantee given to you by the UK seller can be used in Malta, it depends on whether the local agent is mentioned in the international warranty. If he is, then should your product result defective, you can request a remedy as per guarantee from the local agent.
On the other hand, if the Malta-based seller isn’t mentioned on the guarantee’s document, then you cannot expect any local seller to provide you with free repair or replacement even though the local seller sells the same brand and model.
In such a situation you will need to refer your complaint to the foreign seller and ask for a remedy as per guarantee. You should also be aware that the two-year legal warranty applies to all products purchased from any of the EU Member States.
If you don’t manage to obtain a solution from the UK seller you can file a complaint with the European Consumer Centre Malta, the local office that deals with cross-border complaints.
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