The Consumer and Competition Division of the Competitiveness and Communications Ministry yesterday explained the conditions tied to guarantees on new goods bought by consumers.

Traders, it said, were obliged to deliver to consumers goods that were in conformity with the description and specifications in the contract of sale. This meant that the goods being sold had to comply with any description given by the trader, were fit for the intended/requested purpose and showed the quality and performance of goods of the same type. Apparent defects and defects originating from materials supplied by the consumer are not covered by this protection.

In case of non-compliance with this, the trader is obliged to repair or replace the goods sold, or to give a full or partial refund to the consumer. Unless impossible or disproportionate, the consumer is entitled to have the item repaired or replaced first. The choice of remedy is determined on a case-by-case basis and depends on the costs imposed on the trader in comparison with the other available remedies, taking into account the value of the goods, the extent of non-conformity and the inconvenience caused to the consumer. If the consumer cannot obtain the remedy of repair or replacement, he will then be entitled to a full or partial refund.

The trader is responsible for any lack of conformity for a period of two years from the date of delivery of goods.

However, if the lack of conformity appears within the first six months, it shall be assumed that the defect existed at the time of delivery. This means that, unless the trader proves otherwise, the consumer shall be entitled to obtain one of these remedies. However, if the non-conformity becomes apparent after the first six months, the presumption that the defect existed at the time of delivery does not exist. It will therefore be the responsibility of the consumer to prove that the non-conformity existed during the time of delivery. These rights, which are specified in Part VIII of the Consumer Affairs Act on Sale of Goods, cannot be waived.

In addition to the protection given by law, traders can also opt to give a “commercial guarantee”. The latter, which co-exists with the rights established at law, is given to the consumer voluntarily by the trader when a new product is bought. The duration and conditions of this type of guarantee are decided by the trader and should be included in the guarantee document given with the product. This type of guarantee should place the consumer in a more favourable position than that established by law, and should not in any case adversely affect the rights at law.