On 1 July 2002, the provisions of Part V11of the Consumer Affairs Act; titled “Sale of goods to Consumers” came into force. These provide consumers with the right to a remedy when they purchase goods that are not in conformity with the contract of sale. They also specify certain information that should be included in commercial guarantees.

Legal Guarantee

(Sections 72-93 Consumer Affairs)

Traders are obliged to deliver to consumers, goods that are in conformity with the descriptions and specifications in the contract of sale. Goods delivered should therefore be as described and have the characteristics promised.

When a trader delivers a product that lacks conformity with the contract of sale, the consumer is entitled to:

● • Repair or replacement of the product free of charge or,

• A refund of part of the price or revocation of the contract.

The consumer is also entitled to compensation, if he/she incorrectly installs a product due to shortcomings in the instructions supplied by the trader. However, the consumer is not entitled to compensation if, prior to the purchase, he/she was aware that the product does not conform to the contract of sale.

As soon as the consumer becomes aware of a lack of conformity, he/she can request that the goods are repaired or replaced free of charge. Any repair or replacement should be completed within a reasonable time and without causing significant inconvenience to the consumer, otherwise a reduction in price or the termination of contract can be considered. Consumers can claim for compensation for up to two (2) years from delivery when the product is not as described in the contract. This period of prescription is suspended for the duration of negotiations between the parties with a view to an amicable settlement. If the lack of conformity is apparent within six (6) months, it is presumed to have existed when the goods were delivered unless the trader can prove otherwise.

For consumers to avail themselves of these remedies, it is important that the trader is informed of the lack of conformity in writing by the consumer’s legal adviser. Furthermore, any terms excluding or limiting rights at law are null and ineffective. No fees or charges including carriage costs can be requested unless this is expressly stipulated in the guarantee.

The guarantee is automatically extended by the period the guarantor had the goods or part of them in his possession while executing the guarantee or as a result of a recall by the manufacturer. If the guarantee is mentioned in an advert it is valid even if it is not included in the contract of sale.

If the commercial guarantee is not observed the consumer may institute civil proceedings. The court may institute civil proceedings. The court may subsequently order the guarantor to:

1.) Observe the terms of the guarantee;

2.) Perform his obligation within a specified period;

3.) Pay a sum of not more than Lm50 (approx. €116) to the consumer for each day of default after the lapse of the specified period.

If the goods bought are of a nature that may require maintenance or replacement of parts, such parts and an appropriate repair service should be made available a reasonable time from the date of delivery, unless the trader expressly warns the consumer in writing, before the contract is concluded, that he/she does not provide parts or a repair service.

These provisions prevail over other laws if they are more favourable to the consumer.

I’m all right Jack!

I feel morally obliged to deliver a brief message to those Maltese housewives who sweep the pavement in front of their door. After sweeping the area on both sides, they sweep the accumulated rubbish into the street. Unfortunately, they have not yet twigged that it is not civilized. Isn’t it high time they realised that it is uncivilized?

Smoke-free restaurants

When I was writing the Customer Service Column in another newspaper, I compiled a list of ‘Smoke-free restaurants’. Well, it is high time that we draw up a new list of ‘Smoke-free restaurants’ and I appeal to owners and managers of ‘Smoke-free restaurants’ to compile a list accordingly.