Consumer Affairs Act (Cap. 378)
Consumer Affairs Act (Cap. 378), article 75
75. (1) In order to have the goods brought into conformity,
the consumer may choose between repair and replacement, unless the
remedy chosen would be impossibl e or, compared to the other rem edy,
would impose costs on the seller that would be disproportionate ,
taking into account all circ umstances, including:
(a) the value the goods would have if there were no lack
of conformity;
(b) the significance of the lack of conformity; and
(c) whether the alternative remedy could be provided
without significant inconvenience to the consumer.
(2) Repairs or replacement s shall be carried out:
(a) free of charge;
(b) within a reasonable period of time from the moment
the seller has been informed by the consumer about the
lack of conformity; and
(c) without any significant inconvenience to the
consumer, taking into accoun t the nature of the goods
and the purpose for which the consumer required the
goods.
(3) Where the lack of conformity is to be remedied by repair or
replacement of the goods, the c onsumer shall make the goods ava ilable
to the seller. The seller shall take back the replaced goods at the
CONSUMER AFF AIRS [CAP. 378. 61
seller’s expense.
(4) Where a repair requires the removal of goods that had been
installed in a manner consistent with their nature and purpose before
the lack of conformity became apparent, or where such goods are to be
replaced, the obligation to repai r or replace the goods shall i nclude the
removal of the non-conforming goods, and the installation of
replacement goods or repaired goods, or bearing the costs of that
removal and installation.
(5) The consumer shall not be liable to pay for normal use made
of the replaced goods during the period prior to their replacem ent.
Price reduction.
Added by:
XXVI. 2000.15.
Substituted by:
I.2022.7.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.