The sector-specific rules:
- The Automotive Block Exemption Regulation (EU) No. 461/2010
- The Sector-specific Guidelines on vertical restraints in Agreements for the sale and repair of motor vehicles and for the distribution of spare parts for motor vehicles
The generic rules:
- The Vertical Restraints Block Exemption Regulation (EU) No. 330/2010
- The general Guidelines on vertical agreements
Service, maintenance and repair during the warranty period
The key concept in its Explanatory Brochure on the MVBER 1400/2002 is that independent repairers may carry out regular maintenance service and repair jobs during the warranty period. Despite this clarification many vehicle manufacturers have continued to make warranty claims of vehicle owners universally dependent upon the condition that all services and repairs have been carried out by the authorized network, and with the exclusive use of the vehicle manufacturer’s spare parts.
Of course, every operator is subject to statutory product and service liability. Thus, anyone who damages a vehicle as a result of negligent work or use of defective parts is responsible for it.
Recall actions, Free servicing and Warranty work
Within the warranty period, any defect originating from the car manufacturing process must be corrected by the vehicle manufacturer. Normally, the network of authorized repairers will execute the work on behalf of the vehicle manufacturer, and at the network’sown expense.
In such cases, where the works are paid by the manufacturer, i.e. recall actions or free servicing or warranty works etc., the works must be carried out where specified by the manufacturer. In those cases, the manufacturer may also determine which parts are to be used.