Q: Three years ago, a client purchased a swivel chair from our company. A year and a half into the guarantee, the chair developed a fault and was repaired for free as per the guarantee requirements.

Now, a year after the guarantee expired, the chair has malfunctioned again, and our client is requesting a free repair. As a gesture of goodwill, we are ready to offer our client a 40 per cent discount on the repair costs or a discount on the purchase of a new chair. However, the consumer is insisting that we are obliged to provide him with a free repair.

Can you kindly advise what are our legal obligations in this situation?

 

A: When goods bought by consumers are no longer covered by a valid guarantee, sellers are not obliged to repair or replace the damaged product for free. Hence, in this case you are right in informing your customer that you are not obliged to meet his request for a free repair.

Furthermore, your offer to discount the repair costs or the price of a new chair is a good trading practice that gives your customer additional benefits than those provided by law.

 

Have a query of your own? E-mail the MCCAA

https://mccaa.org.mt/Section/index?sectionId=1061#

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