Vehicle Repair Disclaimer (Malta)
Updated on 12 August 2026
In Malta, consumers are entitled to a legal guarantee of conformity lasting 2 years from delivery. For the first 12 months, a defect is presumed to have existed at delivery and the trader must prove otherwise; for months 13 to 24, the burden shifts to the consumer to prove the defect existed at delivery. A commercial guarantee from a manufacturer or dealer can never reduce this statutory 2-year guarantee, even if its own stated term is shorter. A disclaimer that fully excluded this legal guarantee toward a consumer would not have legal effect to that extent.
A disclaimer translated directly from a US template, which generally excludes any warranty, does not account for this rule. This template limits the exclusion of liability to risks that can actually be transferred, without claiming to exclude the consumer's legal guarantee.
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Vehicle Repair Disclaimer
- Date:
- Shop:
- Customer:
1. Vehicle condition
Vehicle: . Condition and known defects found before work began: .
2. Scope of exclusion
The agreed exclusion of liability covers: . It does not apply to the legal guarantee of conformity, which remains in effect under consumer protection regulations.
3. Legal guarantee
The customer retains the right to the legal guarantee of conformity, which cannot be excluded toward a consumer by this disclaimer.
Shop
Date:
Customer
Date:
Two-year guarantee, shifting burden of proof
The legal guarantee of conformity runs for 2 years from delivery. For the first 12 months, the trader must prove a defect did not exist at delivery; for months 13 to 24, the burden shifts to the consumer. This disclaimer does not dispute or attempt to work around this presumption period.
A commercial guarantee cannot reduce the legal guarantee
Even if a manufacturer or dealer offers a shorter commercial warranty, the statutory 2-year legal guarantee still applies. This disclaimer does not suggest that a shorter commercial warranty replaces the consumer's legal guarantee.
Separating pre-existing condition from later damage
A disclaimer that does not separate a defect that existed before the repair from damage caused by later normal use makes it harder to assess a claim. This template requires the shop to document the vehicle's condition before work begins.
The customer is responsible for inaccurate information
Where a customer provides inaccurate information about the vehicle's condition or fails to mention a known defect, the shop should not be held liable based on that inaccurate information. This disclaimer treats that situation separately from the legal guarantee of conformity.
Section by section
- Shop and customer
- Identifies the shop, the customer, and the vehicle.
- Vehicle condition
- Documents the vehicle's condition before work begins.
- Scope of exclusion
- Limits the exclusion of liability to risks that can actually be transferred.
- Legal guarantee
- Confirms that the legal guarantee of conformity remains in effect.
How to fill in the disclaimer
- Describe the vehicle's condition. Document the vehicle's condition and known defects before work begins.
- Limit the scope of exclusion. State the risks the disclaimer covers, without excluding the legal guarantee of conformity.
- Sign the disclaimer. The customer signs to confirm the accuracy of the information provided.
Frequently asked questions
Can a shop fully exclude liability toward a consumer?
No, the legal guarantee of conformity toward a consumer cannot be fully excluded by contract.
What can a valid disclaimer cover?
Risks that can actually be transferred, such as consequences of inaccurate information provided by the customer, but not the legal guarantee itself.
Why document the vehicle's condition before work begins?
To separate a pre-existing defect from damage caused by later normal use, which makes assessing a claim easier.
What if the customer does not mention a known defect?
The shop should not be liable based on inaccurate information from the customer, but this is separate from the legal guarantee of conformity.
Does a shorter dealer warranty replace the legal guarantee?
No, the statutory 2-year legal guarantee applies regardless of any shorter commercial warranty.
Related templates
Disclaimer
This template and guide are provided for general information only. They are not legal advice and have not been reviewed by a lawyer. Check current consumer protection regulations before using this document.
