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Who should provide me with a remedy?

Q: I purchased a part for my car from a local car seller. I took this part to my mechanic to install it but after doing so the part did not function as it was meant to. I therefore went back to the seller to report the defective part. The seller refused to accept responsibility for the defective part as he is blaming my mechanic for wrongly installing it. I know that the mechanic did not do anything wrong. What can I do?

A: When a product purchased turns out to be defective the person responsible for providing a free remedy is primarily the seller. When the defect becomes apparent within six months from the date of purchase, the seller’s liability can only be waived if the latter proves that the product was not defective when sold to the consumer.

In this particular case the seller needs to prove that the fault is due to a bad installation by the mechanic and not because of a hidden defect. Hence, unless the seller proves that you or the mechanic caused the defect, you may insist on a free remedy from the seller. Should the latter refuse your request, you may then lodge a complaint with the Office for Consumer Affairs.

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

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