Photo: © ProMotor/Volz (Photo: © ProMotor/Volz)
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Manufacturers that offer a voluntary guarantee can make this guarantee dependent on certain requirements and conditions – for example, inspection by authorized workshops.
This is the ruling of the Federal Court of Justice. The automotive trade associations are not particularly enthusiastic about this ruling.
As "surprising" the German motor vehicle trade the Judgment of the Federal Court of Justice (BGH) (VIII ZR 187/06). The BGH had declared it permissible for a Car manufacturer's 30-year anti-corrosion guarantee from the Carrying out the inspection in the company’s own authorized workshops depends .
This judgment, which was issued under German consumer protection law, contradicts the legal opinion of the EU Commission, Dr. Axel Koblitz, Managing Director of the German Automotive Industry Association. Years ago, this association had Linking the manufacturer's warranty with visits to authorized workshops as a violation of European competition law The resulting legal uncertainty, Koblitz continued, must be resolved as quickly as possible. The German automotive industry will immediately begin discussions with automotive manufacturers, member associations, Commission representatives, and legal experts.
Operations management
Operations management
Operations management
Also the Central Association of Body and Vehicle Technology is not very enthusiastic about the BGH ruling. It contributes to Irritation and uncertainty of the driver The Federal Court of Justice ruling only applies to cases where the automobile manufacturer has made a voluntary warranty promise to its customer, making the warranty contingent on regular visits to an authorized repair shop in the event of rust perforation. This legal interpretation has been applied by other courts for years and has now been definitively confirmed by the Federal Court of Justice. The core principle of the ruling is: A manufacturer that provides a voluntary warranty can make this warranty contingent on certain requirements and conditions (in this case: a visit to a repair shop).
The ruling by the Federal Court of Justice concerns the rust perforation warranty, not the two-year statutory warranty for material defects, nor the new car warranty provided by car manufacturers, which usually covers two or three years. The ruling also does not affect accident damage. The previous legal opinion that in the case of accident damage, repairs may also be carried out in an independent body shop has not changed.
Independent body shops also perform repairs according to the manufacturer's specifications and guidelines and provide a minimum two-year warranty on the repair work performed, and in many cases even a three- or four-year warranty. They also assume responsibility for the car manufacturer's anti-perforation warranty, should it expire.
In the case of a Mercedes vehicle decided by the Federal Court of Justice, the independent repair shop affiliated with the Central Association of Body and Vehicle Technology performing the repair would accept the DaimlerChrysler anti-perforation warranty. However, the driver should inquire in advance with their car or body shop whether they accept the manufacturer's anti-perforation warranty. All 3.500 member shops of the Central Association of Body and Vehicle Technology document this warranty by issuing a so-called warranty card, which explicitly states that they accept the anti-perforation warranty.
The German Association of Body and Vehicle Technology also points out that approximately 70 percent of all serious accident damage is repaired in its body and paint shops. In many cases, the car manufacturer's authorized workshop accepts the accident repair, but then forwards it to an authorized independent body and paint shop, and delivers the vehicle to the customer after the repairs are completed. These decades-long partnerships have led to the independent body and paint shops acquiring a high level of repair expertise for all makes and vehicle manufacturers.
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