The ‘lifetime guarantee’ concept can have different meanings as the word ‘lifetime’ may refer to the lifetime of the customer or that of the product. The ‘lifetime’ may also depend on the life of the company making or selling the product.
To ensure consumers are not misled by the appealing idea of having a guarantee that gives them the right to a free remedy for as long as they are in possession of the product, it is necessary that the terms and conditions of the guarantee clearly outline the meaning of the word ‘lifetime’.
Consumers must in the first instance be aware that when a product is sold to them with a commercial guarantee, the latter must be given in writing, and its terms and conditions must include specific information as outlined in consumer legislation. This information must include, for instance, the length of the guarantee.
Hence, if the ‘lifetime guarantee’ refers to the expected lifespan of the product, then the terms and conditions of the guarantee should specify the number of years the product’s lifespan is, such as, for instance, 10 or 25 years.
If, on the other hand, the term ‘lifetime’ refers to the consumer’s life, this normally would mean that the guarantee remains valid as long as the original customer owns the product.
Hence, if the guaranteed product is sold or given to someone else, the commercial guarantee would not be valid for that person. If this is the case, the guarantee’s terms and conditions should include a clause clearly stating that the commercial guarantee is non-transferable.
While lifetime guarantees are usually perceived as more beneficial for consumers than standard commercial guarantees, to verify the real benefits of such guarantees, consumers are advised to carefully read all the terms and conditions before concluding the sale. Only by doing so can consumers make an informed choice.
Besides checking the actual length of the lifetime guarantee, consumers should also look out for clauses that provide information on the remedies that can be claimed, as well as whether the guarantee excludes certain parts of the product.
For instance, a lifetime guarantee that only covers a specific part of a product, which in reality rarely malfunctions, is undoubtedly not as advantageous as a guarantee that provides a free remedy on any type of defect that a product may develop.
Before concluding a sales contract, consumers should also check who is responsible for the lifetime guarantee. The contact details of the guarantor must also be written in the guarantee’s document. How consumers can make a claim for a remedy should also be clearly explained.
While commercial guarantees are given out voluntarily by sellers or manufacturers, once given they become legally binding on the trader who issues the guarantee. Furthermore, if a commercial guarantee is not given to the consumer in writing, but is mentioned in a statement or an advert by a person or company, the guarantee is still legally binding.
Hence, if a lifetime guarantee is mentioned in an advert, it is legally binding on the trader who advertised the guarantee. It is, however, important that consumers have proof of such advertisement.
As lifetime guarantees may not necessarily be as beneficial as they appear to be, consumers are advised to ask about the terms and conditions of use before committing to purchase the product.
Finally, in situations where the promised guarantee is not honoured by sellers, consumers may seek the assistance of the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.
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