With reference to the complaint appearing in the Customer Service page of The Malta Independent on Sunday of 17 February and your subsequent request, the Division would like to submit the following clarifications without entering into the merits of the case in question.

In those circumstances where consumers discover that a fault has developed following the purchase of a good, such goods are covered by what is most commonly known as a “legal” guarantee. Also, retailers may provide additional protection with a “commercial” guarantee.

The following is a brief explanation of the rights and obligation arising out from both “forms” of guarantee and the difference between them.

Legal Guarantee

The Consumer Affairs Act establishes a set of criteria that are expected to be met once a trader delivers a good to a consumer. Briefly a trader is to ensure that the goods are delivered:

1. are in conformity with the description and specifications in the contract of sale;

2. comply with the description given by the trader and possess the characteristics, features and qualities of the goods which the trader has promised;

3. are fit for the particular purpose for which the consumer requires them and which he made known to the trader at the time of conclusion of the contract;

4. are fit for the purpose for which goods of the same type are normally used.

In those cases where goods bought do not conform to the specifications, consumers can choose from the following options:

1. the goods be brought in conformity free of charge by repair or replacement; or

2. to a refund, but this under specific conditions.

Consumers are to note however that in order for them to be able to benefit from these provisions they must notify the trader of any lack of conformity in writing within two months from the date on which the consumer noticed such lack of conformity. However, defects in goods, which become apparent during the first six months from the delivery date are deemed to have existed at the time of delivery.

It is also important to note that the trader will not be responsible once a consumer is aware of the defects and accepts the goods delivered with such defects. Furthermore, regarding those goods, which require installation, it is the responsibility of the trader to ensure that this is done appropriately.

Finally, any lack of conformity, which is identified beyond the two-year period, does not entitle a consumer to the rights established by the Consumer Affairs Act.

Commercial Guarantee

This type of guarantee may be provided by the retailer and is negotiable but not compulsory. This is an additional guarantee that is meant to improve the consumer’s rights. If such a guarantee is provided this should provide greater protection than that offered by the legal guarantee. For this to be valid, it has to meet a set of specific requirements – it has to be provided in writing in one of the official languages of Malta; state the contents clearly; the manner in which a consumer is to present a claim.

A commercial guarantee shall not exclude any rights a consumer enjoys under the Consumer Affairs Act.

Finally, it is important that consumers keep receipts as additional proof of purchase that specific goods were effectively bought from a specific trader. Furthermore, commercial guarantees are to indicate the date of purchase.

For further information readers can contact the Consumer Affairs Directorate in the Consumer and Competition Division on Freephone 8007400.

Mireille Vella

Director General

Consumer & Competition Division