Cap. 378 Art. 83Requirements for commercial guarantees.

(1) A commercial guarantee statement shall be provided to the consumer on a durable medium at the latest at the time of the delivery of the goods. The commercial 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 procedure 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. Unless 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 commercial guarantee.

(2) Non-compliance with sub-article (1) shall not affect the binding nature of the commercial guarantee for the guarantor.