Consumer protection: Is a ‘lifetime guarantee’ really for life?
What a lifetime guarantee really means and its terms and conditions may vary
A lifetime guarantee can be defined as a commitment by a seller or manufacturer to repair or replace a product free of charge if it develops a fault or does not meet its expected performance standards over its lifetime. The general idea behind a lifetime guarantee is to provide consumers with added peace of mind by extending the product’s warranty beyond the normal time frames.
The specifics of what a lifetime guarantee really means may vary however, depending on the company and the type of product.
Whenever customers are interested in buying a product with a lifetime guarantee, they should first check what the trader means by ‘lifetime’. The word may refer either to the product or the customer. Or it may be limited to a number of years in the product guarantee’s terms and conditions.
Thus, in order to make an informed purchase decision, before buying products advertised with a lifetime guarantee, consumers should ask to see the guarantee’s terms and conditions. If, for instance, the meaning of the word ‘lifetime’ is limited to a number of years, then this should be clearly stipulated in the terms and conditions.
The word ‘lifetime’ may refer to the product or the customer. Or it may be limited to a number of years
A lifetime guarantee may also be linked to the product’s ownership. This normally means the guarantee remains valid as long as the original customer owns the product. So if the product purchased is resold or given to a new owner, the latter cannot benefit from the lifetime guarantee. If this is the case, there should be a clause in the guarantee’s terms and condition stating that it is not transferable.
Consumer legislation stipulates that when a product is sold with a commercial guarantee, this must be given in writing and include specific information. Among other information, the guarantee document should state who is responsible to offer the guarantee, what is covered and, where applicable, what is excluded, and any other conditions or limitations that apply.
The guarantee document should also include information on the redress mechanism, in other words, the procedure the consumer needs to follow in case the product develops a fault. While the law gives consumers the right to be provided with this information, it is, however, the consumers’ responsibility to read and understand the guarantee’s conditions before agreeing to the purchase.
Consumers should also be aware that while sellers or manufacturers offer commercial guarantees voluntarily, once given they become part of the sales contract and thus legally binding. Furthermore, if a commercial guarantee is mentioned in a statement or advert issued by the seller or manufacturer, it becomes binding even if it is not specifically mentioned in the contract of sale. It is, however, necessary that consumers have proof of the advertised guarantee.
Lifetime guarantees can be beneficial to consumers as they can provide long-term protection and peace of mind. However, as ‘lifetime guarantees’ may not always be as advantageous as they seem, consumers are advised to always check the terms and conditions before concluding a purchase.
In situations where sellers do not honour the promised guarantee, consumers may then seek the assistance of the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.