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All new cars have a two-year legal warranty. How is it executed? What does it include?Know about the commercial guarantee. Can I ask to have my car replaced? We solve your doubts.
a new car has a two-year guarantee: this is established by Royal Decree 1/2007, on November 16. This decree regulates the minimum levels that consumers must have when purchasing certain consumer goods, such as cars. During the period, the seller – manufacturer or importer – must answer for any manufacturing defects that may arise in that vehicle.
In addition to this legal guarantee, the buyer can contract a commercial guarantee for as long as he considers appropriate. This commercial guarantee is provided by the seller with specific conditions, included in a contract that both parties must sign.
Therefore, the legal and commercial guarantee is not the same.
WHEN CAN IT BE CONSIDERED THAT THERE IS A MANUFACTURING DEFECT?
The law does not clearly establish what are factory defects – what is legally known as conformance with the contract
– but it does list a series of assumptions that can be presumed to exist and liability can be claimed by the seller, according to AEA.
These are, for example:
– the car does not fit the description made by the seller.
– When it is not suitable for the use to which other vehicles of the same type are ordinarily destined.
– it is not suitable for the special destination to which we have indicated to the seller that we are going to dedicate the vehicle and this one has admitted.
– When it does not present the usual quality and performance of those that could reasonably be expected from vehicles of the same type.
CLAIM IN THE FIRST 6 MONTHS
The law establishes that the seller of the car has a responsibility for defects of the factory of two years, but it is during the first six months when it is presumed that the faults already existed from an origin (unless the seller demonstrates otherwise).
In the remaining 18 months, it is the consumer who must prove that the faults are from the factory. Therefore, AEA recommends that consumers complain when they notice a malfunction in the car.
HOW IS THE RIGHT TO REPAIR OR SUBSTITUTION EXERCISED?
Once the seller accepts the lack of conformity of a new vehicle the consumer can request that the car is fixed or replaced by another unless one of these options is impossible or disproportionate. In both cases, the cost to the buyer must be zero. The operation must be carried out within a reasonable period of time and without causing further inconvenience.
During the reparation period, the time calculation of the guarantee is suspended and during the six months after the repaired product is delivered. The seller will respond to the lack of conformity that motivated the repair.
WHAT IF AFTER THE REPAIR THE CAR DOES NOT LOOK GOOD?
AEA clarifies that once repaired the vehicle is still defective, the buyer can demand its replacement -except that it is disproportionate-, a reduction in the price or the termination of the contract.
AM I ENTITLED TO COMPENSATION?
As a consequence of a factory defect detected in the vehicle you have the right to demand compensation for the damage caused, including moral damages, as assessed by AEA.
IN CASE OF ACCIDENT WITH A DEFECTIVE VEHICLE, WHO IS RESPONSIBLE?
Regardless of the warranty law, the manufacturer must assume an extra responsibility for 10 years for possible damages caused by a manufacturing defect in case of an accident.
In these cases, it is up to the injured party to prove by means of expert reports or other evidence the supposed defect of the vehicle, the damage and the causal link between the two.
AM I OBLIGED TO PASS THE REVIEWS WITH THE CAR IN A WORKSHOP OF THE BRAND TO NOT LOSE THE WARRANTY?
Not during the legal guarantee. In those two years, you can take the car to the workshop that suits you. Even using parts from other brands. The only obligation is that the maintenance operations are carried out in accordance with the provisions of the manufacturer.
In the case of the commercial guarantee, you must comply with the provisions of the contract.
WHAT SHOULD THE COMMERCIAL GUARANTEE INCLUDE?
According to European Automobile Associate (AEA), the commercial guarantee must always be formalized in writing or in any durable medium, and at the request of the consumer, at least, in Spanish, and must necessarily express the following:
– The good on which the guarantee falls.
– The name and address of the guarantor.
– That the guarantee does not affect the legal rights of the consumer. The user due to the lack of conformity of the products.
– Additional rights to the legal rights granted to the consumer and user as the holder of the guarantee.
– The duration and its territorial scope.
– The complaint procedures available to the consumer.
The action to claim compliance with the obligations included in the commercial guarantee prescribes six months from the end of the term established in the contract.
