Is driving to the nearest town to service or repair your vehicle a reality just to keep the factory warranty or to make use of the service plan on your vehicle?
Starting July 2021, Consumers now have the right to not only service their vehicles at any service centre, in accordance with the Compensation Commission guidelines published in February 2021, Consumers will also be allowed to replace defective parts with non – original parts where the specific vehicle warranty has expired.
As such, the Original Equipment Manufacturers (OEM’s) can no longer obstruct a Consumer’s choice to seek service, maintenance, and or mechanical repair for work on their vehicles. This will complement the Consumer’s right to choose and effectively complement the workshops service centres in smaller secluded areas of the South African geography.
In essence, this has the outcome that if you have a specific brand vehicle, you now will be allowed by law to service and or repair the same vehicle at a service/repair centre of your choice without affecting the vehicle’s warranty.
It’s advised that although the Compensation Commission guidelines do not specifically state that the service/repair centre needs to be approved, to rather take your prized possession to an RMI approved service centre.
This also has other implications, like in the case where your vehicle was involved in an accident and damaged beyond repair. The dealership service provider will now need to transfer the balance of the service plan to another vehicle or refund you the balance thereof because you already paid upfront for the labour and/or parts. How this will effectively be implemented is still uncertain.
The Motor Industry Ombud can still handle any disputes dealing with repairs and services towards warranty-related claims, notwithstanding the Consumer’s right to seek alternative legal remedies in civil proceedings like a claim for damages or other contractual claims.
However, it is unclear how the market leaders in the motor industry will approach this and how and when the physical plausibility of these changes will commence.
Contact your SEESA Consumer Protection & POPI Legal Advisor to assist your business with any Consumer related queries you might have. Alternatively, SMS the word “SEESA” to 45776 for an expert legal advisor to contact you.
About the Author:
Riaan Conrad Conradie started his career at SEESA in 2020 and is currently a Consumer Protection & POPI and Labour Legal Advisor at SEESA’s Upington office. He obtained his LLB degree at the University of the Free State.
Resources:
- https://ewn.co.za/2020/12/14/you-can-now-service-your-car-anywhere-and-keep-the-warranty
- https://www.thesouthafrican.com/news/can-i-get-my-car-serviced-privately-not-break-warranty-start-2021/
- https://www.gov.za/sites/default/files/gcis_document/201409/36155gen113.pdf
- https://www.compcom.co.za/wp-content/uploads/2021/07/Guidelines-for-Competition-in-the-South-African-Automotive-Aftermarket.pdf