|
IMPORTANT
INFORMATION
Car Servicing
during
the warranty period and beyond
Parts Supply and
Parts Quality
In October 2003
European Union legislation affecting the motor trade came into
force. Its full title is ‘Block Exemption Regulations 1400/2002’
(in short ‘BER’).
This legislation
changes the way cars may be serviced and repaired and gives
motorists a lot more freedom in their decision as to who should look
after their cars.
Before BER, it
was difficult to have cars, which were still covered by the
manufacturer’s warranty, serviced anywhere except a franchised
dealer.
Now motorists
can use any garage of their choice to service their cars
without invalidating the manufacturer’s warranty. *
* Subject to
certain conditions
The latest
revision of the BER introduces four ‘freedoms’ that are aimed at
safeguarding free competition in the entire market for vehicle spare
parts, service and repair. They affect the way in which the parts
distributor can act in the market.
1.
Freedom for a franchised dealer and/or an ‘authorised
repairer’ to purchase up to 70% of their purchases of ‘original
spare parts’ and ‘matching quality’ spare parts from independent
market operators of their choice.
This Means:
Parts Factors can supply parts of appropriate quality to Dealers and
authorised repairers without the Vehicle
Manufacturer /Assembler using
dealer/repairer contracts or other means to prevent them.
2.
The freedom for parts manufacturers/suppliers to sell their
OE-components without
restrictions
into independent wholesalers or independent repairers.
This Means:
Parts
manufacturers can no longer be forced by their ‘OE’ contract to
limit supply of certain parts to the Vehicle
Manufacturer/Assembler. The end of the ‘tied parts’ arrangements.
3.
The freedom for parts manufacturers/suppliers to brand their
‘original equipment
parts’ with
their own logo.
This Means:
Motorists and garages will be able to identify the manufacturer of a
component when it is removed from a vehicle and source its
replacement from any distributor of the part. They will no longer
feel that they ‘have’ to go to a dealer for a part.
4.
An extension to the obligation on vehicle assemblers to pass
on technical information
to operators in
the independent aftermarket. This information includes for
instance:
·
Access to electronic systems for controlling the vehicle’s operation
·
Right of “reprogramming” information to correct maladjustment
This
Means: Anyone with a legitimate need for technical information –
parts
manufacturers – remanufacturers – distributors – factors – garages –
technical
publishers
– security companies – will have right of access to it in a
usable form and
at a
reasonable cost (the same cost as charged to anyone within the
VA’s network)
The new
BER also introduces certain definitions of importance to the
independent
aftermarket.
There is a new
definition of ‘original spare parts’ and ‘matching quality
parts’ that is based on the quality of the component. This is
definition can be used:
·
Where parts are used are of the same quality as the component used
for the assembly of a motor vehicle.
·
Where parts are used are of the same specifications and production
standards as those used by the Vehicle Assemblers.
·
Where parts manufacturers/suppliers are able to issue a quality
(self-) certification.
The new
definition identifies ‘original spare parts’ in the following
ways.
·
Parts produced directly by the vehicle assembler.
·
Components produced by the OE-supplier and branded with the logo(s)
of the vehicle manufacturer and the parts manufacturer/supplier;
·
Technically identical parts produced by the parts supplier, branded
with his own logo and sold to the independent aftermarket.
Spare parts of
‘matching quality’ identifies parts in the following way:
·
Spare parts made by any undertaking which can certify at
any moment that the parts in question match the quality of the
components which are or were used for the assembly of
the motor vehicles in question.’
An interesting
point is that if the vehicle manufacturer himself offers spare parts
of differing quality (e.g. an ‘economy’ line), he cannot prohibit
its contractual partners (i.e. dealers and authorised repairers)
from buying spare parts of the same quality from the independent
market.
The BER also
covers service and maintenance during the warranty period and
prohibits vehicle manufacturers’ warranties from including
conditions requiring that:
·
All normal maintenance be provided within the vehicle makers’
network,
·
All parts used must be the VA’s “original spare parts”
The European
Commission declared that such clauses in a warranty document would
represent ‘an unjustified restriction for the consumer!’
The ADF have
written confirmation from OFT that:
Independent
repairers CAN carry out normal maintenance and repair
Garage Services during a vehicle’s warranty period without invalidating the
VA’s warranty conditions. With two provisos…
Provided: that
the service is in accordance with the VA’s servicing schedules
and is recorded as such. And…
Provided: that
the parts used are of ‘appropriate quality’
and are recorded as
such.
Don’t forget,
the new BER helps parts distributors, independent garage and
motorists.
If you need more
information on this topic, or if you have any evidence of Vehicle
Assemblers or their dealers infringing these new rules, then contact
the ADF office.
Note: This
leaflet is intended to introduce interested parties to the topic of
BER. It should not be taken as a definition of the law or proposed
laws. Whilst every care has been taken in the complication of this
leaflet, the ADF can accept no liability for any event from its use.
Source by the
Automotive Distribution
Federation
Limited
68 Coleshill
Road, Hodge Hill
Birmingham
B36 8AB
Tel. 0121-784
3535 www.adf.org.uk |
