Consumer Affairs Act (Cap. 378)
Consumer Affairs Act (Cap. 378), article 80
80.
(1)
Any lack of conformity which becomes apparent
within one year of the time when the goods were delivered shall be
presumed to have existed at the time when the goods were delivered,
unless proved otherwise or unless this presumption is incompatible
with the nature of the goods or with the nature of the lack of
conformity. This sub-article shall also apply to goods with digital
elements.
(2)
In the case of goods with digital elements where the contract
of sale provides for the continuous supply of the digital content or
digital service over a period of time, the burden of proof with regard to
whether the digital content or digital service was in conformity within
the period of time referred to in the proviso of article 78(1) shall be on
the seller for a lack of conformity which becomes apparent within the
period of time referred to in that article.
Mandatory nature.
Added by:
XXVI. 2000.15.
Substituted by:
I.2022.13.
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.