Consumer Affairs Act (Cap. 378)
Consumer Affairs Act (Cap. 378), article 90
90. Any commercial guarantee shall be binding on the guarantor
under the conditions laid down in the commercial guarantee stat ement
and associated advertising available at the time, or before the
conclusion, of the contract. Under the conditions laid down in this
article and without prejudice to any other applicable law, wher e a
producer offers to the consumer a commercial guarantee of durab ility
for certain goods for a certain period of time, the producer sh all be
liable directly to the consumer, during the entire period of th e
commercial guarantee of durability for repair or replacement of the
goods in accordance with article 75(2) to (5). The producer may offer
to the consumer more favourable conditions in the commercial
guarantee of durability statement:
Provided that if the conditions laid out in the commercial
guarantee statement are less adv antageous to the consumer than those
laid down in the associated advertising, the commercial guarant ee
shall be binding under the conditions laid down in the advertis ing
relating to the commercial guarantee, unless, before the conclu sion of
the contract, the associated advertising was corrected in the s ame way
or in a comparable way to that in which it was made.
CONSUMER AFF AIRS [CAP. 378. 65
Rights of action
under commercial
guarantee.
Added by:
XXVI. 2000.15.
Amended by:
L.N. 425 of 2007;
VI. 2011.100.
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.