Q: I would like to know what consumer legislation states with regard to batteries. Does the two-year legal guarantee apply to batteries? Is it possible to purchase batteries without a commercial guarantee?

A: Consumer legislation provides a two-year legal protection on all the different types of products that consumers may purchase, and these include batteries. Within this time, consumers may claim a free remedy from sellers if the product purchased does not conform with the sales contract.

Consumer law provides specific criteria to help determine whether or not a product conforms with the sales contract. One of these criteria is that goods sold to consumers must possess the qualities and other features, including features in relation to durability, that consumers may reasonably expect given the nature of the goods. Hence, while consumer law does not specify for how long different types of batteries should last, if a battery stops working before its expected lifespan, the consumer may request a free remedy from the seller.

Besides the legal guarantee, which automatically applies upon the conclusion of the sales contract, sellers may opt to give an additional commercial guarantee. The latter, if given, does not exclude or limit consumers’ legal rights. So if, for example, a consumer buys a battery with a six-month commercial guarantee and the battery stops working after eight months, the consumer may still be entitled to claim a free remedy from the seller under the two-year legal protection if the battery was not of the expected quality and durability.

Want to submit your own query? Write to the MCCAA.