Regulations to be Applied Continuously on Violators, in Accordance with the Commercial Agencies Law
Ministry of Commerce and Industry would like to re-confirm that the car agencies and auto companies should be committed to provide spare parts and maintenance for consumers in accordance with the contracts concluded among the concerned parties. MCI stressed that it would follow-up and check how far the auto agencies are committed to the provisions of the Implementing Regulations of the Commercial Agencies Law, which aims to organize the relationship among agents and distributors on one hand, and the consumers on the other hand. This is in line with the provisions of the Commercial Agencies Law, taking into account the rights of all parties.
Based on what is stated in the Commercial Agencies Law and its Implementing Regulations, MCI pointed out that the commercial agents, distributors and importers should be committed to provide the necessary spare parts, maintenance and warranty. Therefore, the commercial agent, distributor and car importer are obliged to provide the necessary maintenance and warranty for the items, even if the consumer has done the maintenance at a third party, unless it is proved, with certainty, that such maintenance has caused damage to the item, not to be covered by warranty.
In a statement of MCI, it has been pointed out that any condition, contrary to the Commercial Agencies Law and its implementing regulations, would be void and invalid, stressing its continuous follow-up of all received comments on Commercial Agencies and on providing spare parts.
As part of MCI keenness and interest to punish the violators, and to preserve the rights of consumers, the Ministry has been applying the penalties provided for in the Commercial Agencies Law on companies and agencies, not committed to the relevant regulations, including fines and defamation by publishing the content of the verdict in the local press at the expense of the violator.
Article VI of the Regulation for providing maintenance, spare parts and quality warranty has been provided that the auto agents, distributors and importers should be committed and obliged for providing spare parts permanently. In case the parts were rare, they should be provided within 14 days from the date of request, with the exception that the parts made specifically for the consumer or the parts with special technical specifications, the agent then would have written agreement with the consumer to provide the needed parts within a reasonable period.
It is noteworthy that the Commercial Agencies Law stipulates that «without any prejudice to the regulations and decisions related to providing maintenance and spare parts, the agent and distributor should be committed to provide spare parts, subject of the agency, needed by the consumers permanently, and to provide other spare parts within a reasonable period of time, in accordance with the Implementing Regulations ». The Regulations stipulate as well that the necessary maintenance for the items should be provided, together with the quality warranty and the conditions usually set by the producers, on a continuous basis throughout the agency period, and for another year following the first one, or till appointing a new agent whichever occurs first, in accordance with the Implementing Regulations.
MCI would like all consumers to cooperate and to report about the violating institutions through the toll free number 1900 or through the application of a Commercial Notification.