Q: I have purchased a car battery. During its guarantee duration the battery developed a fault. The seller is refusing to replace the battery because I do not have the guarantee document as I have lost it. I am, however, in possession of the proof of payment. Can I still claim a free remedy from the seller?

A: Purchases made by consumers may be protected by two types of guarantees. There is the legal protection and there may also be the voluntary commercial guarantee given by the seller. The commercial guarantee may have terms and conditions which consumers need to adhere to in order to be able to claim any of the remedies provided by the commercial guarantee. One of such conditions is usually the obligation to present the guarantee certificate when making a claim. With no such documents consumers cannot make a claim for a remedy as per the commercial guarantee.

If, however, you are in possession of the proof of purchase and the car battery was bought less than two months ago, then you may ask a free remedy under the Consumer Affairs Act. Should the trader refuse to provide you with a free repair or replacement, then you may lodge a complaint with the Office for Consumer Affairs.

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