Consumer Affairs Act (Cap. 378)
Consumer Affairs Act (Cap. 378), article 83
83. (1) A commercial guarantee statement shall be provided
to the consumer on a durable medium at the latest at the time o f the
delivery of the goods. The comme rcial guarantee statement shall be
expressed in plain, intelligible language and it shall include the
following:
(a) be formulated in at least one of the official languages
of Malta;
(b) specify the name and address of the guarantor, and
clearly state the permanent address of the place of
trade or business and the name of the person who is
supplying the consumer with the commercial
guarantee;
(c) clearly state the contents of the guarantee including its
territorial scope if this is limited as well as the
duration of the guarantee from the date of purchase
and different periods may be stipulated for different
components of any goods;
(d) clearly specify the proce dure to be followed by the
consumer to obtain the implementation of the
commercial guarantee. If a person who, in supplying a
commercial guarantee, fails to provide the consumer
with the information required under this paragraph, he
shall then be responsible for the execution of the
commercial guarantee at his expense;
(e) clearly state whether the commercial guarantee may be
transferred to others. Unles s otherwise stipulated the
commercial guarantee may also be availed of by any
subsequent owners of the goods to which the
commercial guarantee refers:
Provided that unless the commercial guarantee
specifically states otherwise, it shall be assumed that
in the case of goods, the commercial guarantee covers
any defects that may result during the period of
guarantee;
(f) the designation of the goods to which the commercial
guarantee applies;
(g) a clear statement that the consumer is entitled by law
to remedies from the seller free of charge in the event
of a lack of conformity of the goods and that those
remedies are not affected by the commercial
guarantee; and
(h) the terms of the co mmercial guarantee.
(2) Non-compliance with sub-article (1) shall not affect the
64 CAP. 378.] CONSUMER AFF AIRS
binding nature of the commercial guarantee for the guarantor.
Liability under a
commercial
guarantee.
Added by:
XXVI. 2000.15.
Substituted by:
I.2022.15.
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.