Q: Less than a year ago I bought a mini driller from a local seller. Around two months ago the driller stopped working and I took it to the seller to have it fixed. Since I could not find the guarantee I agreed to pay for the repairs, which amounted to €35. Ten days after the driller was repaired, it stopped working. I took it back to the seller who kept it to have it checked.
Without informing me what was wrong with the driller the seller repaired it and asked me to pay €20. I complained about this as I had just paid for a repair and felt that I should not pay for a second repair. The seller told me that the second fault was different from the first one.
I would like to know if I should pay for the second repair or not?
A: If the driller in question has been purchased for personal use and not for purposes related to your trade or business, then your purchase is not only protected by the commercial guarantee given to you by the seller but also by the two-year legal protection which is provided to all consumers through the Consumer Affairs Act. This means that if you have proof of payment of the driller, such as a fiscal receipt, or if you paid by card, a bank statement, then since the driller was purchased less than two years ago, you are eligible to claim a free remedy as provided by the Consumer Affairs Act.
If you are not in possession of such proof of payment and hence not eligible to claim a free legal remedy, then you should only be requested to pay for the second repair if the second defect is not the result of something wrong carried out in the first repair.
If the second fault is not related to the first one, then I am afraid that you have no other option but to pay for the second repair.
Malta Competition and Consumer Affairs Authority
Office for Consumer Affairs
MCCAA office hours for the public:
Monday to Friday from 8.30am to 12.30pm
European Consumer Centre Malta
(For complaints against traders in other EU states)
47A, South Street,
Monday to Friday from 8.30am to 3pm.
Tel: 2122 1901
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