When consumers make purchases, especially expensive ones, they often want to put their mind at rest that their hard-earned money is well spent on good quality products. To achieve this peace of mind, consumers look out for products that carry a strong and long commercial guarantee. Such guarantees usually offer protection against latent defects, thus saving consumers’ money should the product purchased need to be repaired or replaced. Furthermore, when a product is offered for sale with such a guarantee, this boosts consumers’ confidence in the product and the brand.
While all types of products purchased by consumers are legally protected for two years under consumer protection legislation, a commercial guarantee is given out voluntarily by the trader or the manufacturer and is expected to give consumers more advantageous remedies in case of damages or defects. In other words, the commercial guarantee offers additional protection to consumers and it does not replace or diminish consumers’ legal rights.
The first thing consumers must check when purchasing a product with a commercial guarantee is the length of the guarantee. Consumers should remember that legally, the products they buy are protected for two years, hence to really be advantageous a commercial guarantee should offer a longer protection.
Another important factor to take into consideration when comparing commercial guarantees, is the type of remedies it offers to consumers. Most guarantees offer free repair or replacement of the defective product or part. However, when such remedies are not possible, or if opted for may cause a significant inconvenience to consumers, then the guarantee should also provide for a refund.
If the guarantee’s terms and conditions do not exclude any specific parts or defects, it is assumed that it covers everything
When asking for information about the applicable commercial guarantee, consumers should ask whether any parts of the product are excluded by the guarantee. For instance, if a product carries a 10-year guarantee but only on a specific part that is very unlikely to develop a fault, then the commercial guarantee is not as beneficial as it looks. However, if the guarantee’s terms and conditions do not exclude any specific parts or defects, then it is assumed that it covers everything.
If consumers are considering buying goods with guarantees from abroad, they should check the guarantee’s territorial scope as it could only be valid in the country from where the product is purchased. Commercial guarantees should also include whether they can be transferred from one consumer to another. If the guarantee’s terms and conditions do not prohibit such a transfer, then the guarantee may automatically also be availed of by the good’s subsequent owner.
The commercial guarantee’s conditions should also outline how consumers can submit their claim under the guarantee. Furthermore, unless it is clearly written in the guarantee’s terms and conditions, traders cannot request a fee to execute the guarantee or to transport the goods under guarantee. However, even if these additional costs are specifically mentioned in the guarantee’s documents, consumers should not be requested to pay additional fees if the product’s fault is still covered by the two-year legal protection.
While sellers are legally obliged to provide any applicable commercial guarantees in writing, it is the consumer’s responsibility to carefully read the guarantee’s terms and observe them. For instance, certain products need to be serviced at specific intervals, and if this is not done, the guarantee may become invalid.
It is also important that consumers do not lose the guarantee documents or the proof of purchase. Consumers must also handle and use the product as instructed by the manufacturer and if a problem with it arises this should always be reported to the original seller and not involve a third party.
Even though commercial guarantees are given out voluntarily, this does not mean traders have the right to impose any terms of use they deem fit. Consumer legislation specifically states that a commercial guarantee must not directly or indirectly, exclude or limit consumers’ right under the Consumer Affairs Act or any other law. If this occurs, the unfair term or condition is considered null.
Should traders fail to honour a commercial guarantee given to consumers, the latter may file a complaint with the Office for Consumer Affairs to be provided with the required assistance and obtain the remedies they are legally entitled to.
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