When faced with the prospect of buying a product with a lifetime guarantee, most consumers would automatically assume that if at any point during their life the product stops working, they would be entitled to claim a free remedy from the seller. However, the meaning of ‘lifetime’ can vary, and depending on the terms and conditions of the guarantee, the word ‘lifetime’ may be associated with either the product or the customer.
In fact, when reading the fine print, one often realises that the lifetime the guarantee is referring to is that of the product, which represents the number of years the product is reasonably expected to last. These years usually consider average frequency of usage and the length of time that the materials used to create the product are expected to last. If this is the case, then it would be in the best interest of both consumers and traders that the number of years is included in the guarantee’s document.
Besides confirming the length of the guarantee, look out for clauses on the remedies [it] allows, as well as for exclusions of certain parts of the product
Lifetime guarantees may also be associated with the duration of ownership. In this case, the guarantee remains valid as long as the original customer owns the product. If, however, the product is sold or passes on to a new owner, the lifetime guarantee becomes invalid. When this is the case, the condition that the guarantee is non-transferable should be clearly written in its terms and conditions.
While lifetime guarantees may be perceived as more advantageous than standard commercial guarantees, consumers are advised to first carefully read the terms and conditions, so they can really make an informed decision. Besides confirming the length of the guarantee, consumers should also look out for clauses that provide information on the remedies the guarantee allows, as well as for exclusions of certain parts of the product from the guarantee. The commercial guarantee should also include the details of the person or company responsible.
In addition, these conditions must be provided to consumers in writing, in plain English or Maltese, and must also clearly explain how consumers can make a claim for a remedy under the guarantee. While the law gives consumers the right to be provided with all this information in writing, it is consumers’ responsibility to read and understand these clauses before concluding the sale.
Consumers should also be aware that commercial guarantees are given out voluntarily by sellers. However, once given, they become legally binding. Furthermore, if a commercial guarantee is mentioned in a statement or advertisement by a person or company, it becomes binding even if the commercial guarantee is not specifically mentioned in the contract of sale.
As lifetime guarantees may not mean or be what consumers expect, the best precaution is to always check the fine print before concluding a purchase. This is especially the case if the decision to buy a specific product is taken on the idea of having a lifetime guarantee.
Odette Vella, Director, Information and Research Directorate