mc_gov_sa · law · processed · 28 chunks
[Non-Text] وزاره التجاره Ministry of Commerce VISION d-90 23:30 المملكه العربيه السعوديه KINGDOM OF SAUDI ARABIA Terms Applicable to the Provision of Maintenance, Spare Parts and Manufacturing Quality Guarantee Article 1: Following words and phrases shall have the meanings given thereto hereunder unless the context requires otherwise: Law: The Commercial Agencies Law. Terms: The terms applicable on the provision of Maintenance, spare parts and manufacturing quality guarantee. Ministry: The Ministry of commerce and Industry. Minister: The Minister of Commerce and Industry. Policy: A document written in a clear and comprehensible language, stating the obligations of the Agent towards the customer in accordance with the provisions of this Law, these Terms, and the agency or distributorship contract and the annexes thereof. Agent: The person entering into a contract with the manufacturer or any person acting on his behalf in the country of origin thereof to conduct business following any form of agency or distributorship; the definition shall also include the Distributor. Approved Standards: The binding standards issued by Saudi Standards, Metrology and Quality Organization or any other national, regional, or international entity which is approved by the mentioned Organization. Maintenance: Any measure that aims at uncovering the status of an article, the continuity of the realization thereof of its functions, or returning it to a particular standard condition, such as examination, inspection, testing, tuning, changing, replacement, repair, programming, reprogramming, etc. Regular Maintenance: The Maintenance undertaken in accordance with the recommendations of the manufacturer on regular intervals as per the nature of the use of the article. Manufacturer Guarantee: a written undertaking to the realization by the Article of its function, freedom from Defects, and the provision of complementary or additional guarantee services within a particular period. Vehicle: Any transportations means prepared for movement on wheels or chains, which move or is pulled by an automatic power; excluding train carriages. Defect: Any issue in the article resulting from an error in the design, manufacturing, production, storage, or transportation thereof which leads to a decrease in the value or the benefit thereof. Day: Calendar day. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 1 [Non-Text] وزاره التجاره Ministry of Commerce VISION d-9j 230 المملكه العربيه السعوديه KINGDOM OF SAUDI ARABIA Article 2: These Terms shall apply to the following articles: A. Vehicles and electric and electronic devices except those exempted by the Minister's decision as necessitated by the nature thereof. B. Any other article as per the decision of the Minister. Article 3: Areas of Agency or Distribution: The Agent shall comply with these Terms within the areas of the Kingdom as prescribed in the agency or distribution contract and in every city or governorate in which the same has a point of sale within the Kingdom. Article 4: Compliance Procedures: 1. The Agent shall provide the Ministry with a copy of the terms or the Policies applicable on the provision of Maintenance, spare parts and manufacturing quality guarantee as agreed with the manufacturer, and any update or amendment thereon. 2. The Agent shall take all actions needed to ensure compliance with these Terms and shall be responsible towards the Customer for the obligations thereof resulting from such Terms even if the same subcontracted the performance of these obligations in full or in part. Article 5: Policies Provisions: The Agent shall issue a Policy for the provision of spare parts, Maintenance, and manufacturer guarantee, abide by the terms that manufacturers usually commit to, and be responsible for them towards the customer and the Ministry, such Policies shall disclose in detail the obligations of the Agent, its scope and the customer's rights, all subject to the following: A. Such Policies shall be provided in written form (brochures) in Arabic, be written in a clear language comprehensible to customers, be placed in a prominent position within the points of sale and premises of the Agent, the customer shall be able to review it and it shall be published on the website; the Agent may provide the customer with an equivalent copy in other languages. B. Procedures for handling and settling complaints. C. Postal address, telephone number, fax and email address of the Agent. D. Performing the obligations thereof with integrity, justice, and transparency in accordance with these Terms. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 2 [Non-Text] وزاره التجاره Ministry of Commerce VISION d JgJ 230 المركزيه العربيه السعوديه KINGDOM OF SAUDI ARABIA E. Stating the lifespan of the article and abiding by the provision of spare parts, Maintenance and manufacturing quality guarantee during such period. F. Parity between such Policies and those of the manufacturer, all without prejudice to the provisions of these Terms. Article 6: Provision of Spare Parts: 1. The Agent shall always provide the spare parts constantly demanded by customers in reasonable prices. 2. Where spare parts are rarely demanded, the Agent shall provide them in reasonable prices within a period of no more than (14) Fourteen Days from the date of consumer demand, this shall not include parts specially made for customers or those of special technical standards, which shall be provided within the reasonable period agreed between the Agent and the Customer in writing. 3. Customers' demand level for spare parts shall follow one or more of the following factors: A. Nature of spare parts and the need to replace it regularly. B. The sales record thereof and the volume of customers demand within the same period of the preceding year. C. The sales record thereof and the volume of customers demand within the (3) three months preceding the order thereof. 4. The Agent shall provide clearly in writing and in a separate document the terms and period of guarantee of each spare part in line with the manufacturer's policy. Article 7: Putting restrains on the availability of spare parts: The Agent may, in emergency conditions, apply restrains on the availability of spare parts in order to meet customers' demands, provided that the same is complied with: A. Submitting a written application for the Ministry's written approval using the form approved by the Ministry), which application shall state the reasons for such restrains. B. Provision of Maintenance. Article 8: Craftsmanship and Resources: The Agent shall undertake to the Maintenance of the article in return to a reasonable financial cost, by employing reasonable craftsmanship and making available the necessary materials that ensure quality Maintenance. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 3 [Non-Text] وزاره التجاره Ministry of Commerce VISION d - gJ 23:30 المملكه العربيه السعوديه KINGDOM OF SAUDI ARABIA Article 9: Maintenance Works Log: The Agent shall establish a log for all Maintenance works made to the article, the organization and the statement of the purposes of such log shall follow a decision by the Ministry. Article 10: Commencement of the Maintenance: Where the customer requests that a Maintenance appointment be prescheduled, the Agent shall document such application and set timing for the Maintenance to commence. Where Maintenance are only made by the Agent, the same shall commence Maintenance within a period of no made than (7) Seven Days from the date of application. Article 11: Concluding Regular Maintenance Works: 1. The Agent shall conclude the Regular Maintenance works of the article within a period not longer than that taken by the manufacturer for this purpose. 2. Without prejudice to the provision of Paragraph (1) of this Article, the Agent shall undertake to the inspection and examination of the article and specify the time for concluding such Regular Maintenance works and its cost within one hour from the time the customer brings the article to the Maintenance center in the timing provided in Article (Ten) at maximum. The specification of the timing and cost shall be in a separate document and both the Agent and the customer shall sign beside the statement of the timing and the cost. Article 12: Concluding Non-Regular Maintenance Works: 1. Where the customer brings the article thereof to the Maintenance center within the period provided in Article Ten for non Regular Maintenance, the Agent shall specify the time for concluding examination and inspection of the article, then the time for concluding non Regular Maintenance work and the cost thereof. 2. The specification of the timing and cost provided in Paragraph (1) of this Article shall be in a separate document and both the Agent and the customer shall sign beside the statement of the timing and the cost. Article 13: General Services as part of Maintenance: 1. The Agent shall provide the following services to the customer with no financial consideration: A. Direct and quick communications means. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 4 [Non-Text] وزاره التجاره Ministry of Commerce VISION 23:30 demark الاریه المدفوع KINGDOM OF SAUDI ARABIA B. Statement of the fees for inspection and examination, if any, upon scheduling an appointment. C. Estimation of the consideration of Maintenance works, spare parts, and additional works the need of which emerge while performing Maintenance precisely and with documentation; the customer may not be obliged to pay for Maintenance works the same did not approve of. D. Provision of Maintenance work information in writing. E. Statement of the scope and term of the provided Maintenance guarantee. 2. The Agent shall give to the customer, upon the latter brining the article thereof, a document describing the status of its body and shall safe-keep the article while under Maintenance and take procedures and precautions to ensure this. The Agent shall be responsible in case of malicious act or negligence. Article 14: Old Spare Parts: Where the customer does not pay for the replacing spare part (the new one) the same shall have the right to inspect the part being replaced, and shall be given such old part if he pays for the new one. Where the old part is detrimental to the environment, the Agent shall dispose of it or discard it in a safely manner. Article 15: Conditions for the Validity of Manufacturing Quality Guarantee: As a condition for the article's manufacturing quality guarantee, the Defect or damage shall not be the result of the customer's misuse, non-abidance by the instructions for use, negligence, accidents, intentional damage, Maintenance works made in contradiction with the manufacturers' recommendations, negligence in Maintenance; this shall also apply to manufacturer guarantee. Article 16: Spare Parts and Maintenance Other Than Through the Agent: The manufacturing quality guarantee shall apply to the following: A. The article for which spare parts sold other than by the Agent are used, provided that the specifications of such parts are compliant with the Approved Standards. B. The article being subjected to the needed Maintenance as per the manufacturers recommendations; this shall include the Maintenance centers independent from the Agent. This Article shall also apply to manufacturer guarantee. Article 17: Manufacturer Guarantee Term: +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 5 [Non-Text] وزاره التجاره Ministry of Commerce VISION 2 30 ال Estimates المطلوبات المطلوبات المطلوبات المطلوبات المطلوبات المطلوبات المطلوبات المطلوبات المطلوبات المطلوبه 1. The term of the manufacturer guarantee for Vehicles shall be not less than two years, or a specific distance as to be decided by the Minster depending on the type of the Vehicle, whichever occurs first. 2. The term of the manufacturer guarantee for other products shall be not less than two years; the Minster may resolve another method for specifying the scope of the guarantee. 3. The manufacturer guarantee period may be extended for the period of delay in making available the spare part or commencing or concluding Maintenance or fixing the Defect affecting the article. Article 18: Transferring the article: Where a Defect covered with the manufacturer guarantee affects the article, the Agent shall undertake to the following free of charge: A. To transfer the article that may not be safely moved with normal transportations means to the Agent's Maintenance center, and to return it to the customer after conducting the Maintenance. B. To transfer the article and return it to the customer after conducting Maintenance in case the closest Maintenance center (whether it belongs to the Agent or is approved thereby) is more than (100) One Hundred Kilometers away from the city or the province in which the customer resides. If the Article is a Vehicle the Agent shall undertake to the transportation thereof. Article 19: Provision of an Additional Guarantee: Where the article suffers a defect not covered with the manufacturer guarantee, and the Agent does not handle it with the required professional level, the Agent shall be responsible to provide manufacturer guarantee for such Defect and the consequences thereof for an additional year after the lapse of the guarantee period. Article 20: Defect in Product or Vehicle: 1. Where the Agent fails to make repair for one reoccurring Defect or more in a product or Vehicle covered with manufacturer guarantee as a result of negligence, non ability or failure, the customer shall have the right to obtain an alternative new product or Vehicle from the same category and with the same specifications as those of the original article, or with a value equal to the value thereof at the time of purchase, subject to the following conditions: A. The reoccurrence of a particular one or more Defect shall result in the benefit of the product or the Vehicle being totally or substantially lost, the market value thereof being affected, or the safety of its use being affected. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 6 [Non-Text] وزاره التجاره Ministry of Commerce VISION dJgJ 2x30 المملكه العربيه السعوديه KINGDOM OF SAUDI ARABIA B. The Agent shall have made two attempts for fixing the reoccurring Defect of the product or four attempts for fixing the reoccurring Defect in a Vehicle, or the attempts for fixing multiple Defects take more than (15) fifteen Days for a product and (25) twenty five Days for the Vehicle, with the period until spare parts are made available excluded. 2. Where the customer opts to obtain an alternative new product or Vehicle with the same category and standards as of the original product or Vehicle the same shall return a fair sum in return of the use thereof for such product or Vehicle, such amount shall be agreed with the Agent giving due consideration to the term and nature of use. 3. Where the customer opts to receive the value of the product or the Vehicle at the time of purchase, a fair sum shall be deducted from such value in return of the use of the product or the Vehicle, such amount shall be agreed with the Agent giving due consideration to the term and nature of use. 4. Starting from the date it is handled to the customer, the alternative product or Vehicle shall be subject to the same terms as provided in this Article. Article 21: Provision of an Alternative Product or a Financial Consideration: Where the use of the article by the customer is impossible, the Agent shall provide an alternative product of the same category of the product (this shall also include the Vehicle) or pay to the customer a sum equaling to (1/400) of the product value at the time of purchase, in the following cases: A. Agent's breach of any of the obligations thereof concerning making available the spare parts as per Paragraphs (1,2) of Article Six of these Terms per every Day of delay. B. Non abidance by the Agent with any of the timelines provided under Articles Ten, Eleven, and Twelve of these Terms, per each Day of delay. C. When the article suffers a Defect covered with manufacturer guarantee, for each Day on which the customer does not make use of the article. Article 22: Standard Method for Articles' Sale: The Agent shall put in place a standard method for the sale of articles and shall undertake to it vis-a-vis the customer, provided it shall contain the following: A. The time for article's handling and commitments towards the customer in case of delay, provided that the Agent shall specify the same clearly in writing in a separate document, on which both the Agent and the customer shall sign beside the time statement. B. Making available brochures for manufacturer guarantee and technical instructions mainly in Arabic language, which shall be in clear language comprehensible to the customer; the customer may be provided with an equivalent copy in other languages. +966 11 294 4444 | Riyadh 11162 f@SaudiMCI 7 Kingdom of Saudi Arabia | المملكه العربيه السعوديه www.mci.gov.sa [Non-Text] وزاره التجاره Ministry of Commerce VISION d-9j 23:30 المملكه العربيه السعوديه KINGDOM OF SAUDI ARABIA Article 23: Disclosure: 1. Without prejudice to the applicable laws, the Agent shall abide by the following: A. State the prices of the articles in a prominent place in the points of sale and on the website thereof. Where the article is a Vehicle, the Agent shall also state the price and the specifications thereof in a big and clear font. B. State the prices of spare parts in a prominent place in the points of sale and on the website thereof. C. State the costs for conducting Regular Maintenance and the like and the period thereof, as the case may be, in a prominent place in the Maintenance centers and on the website thereof. D. Disclose in writing, an in a clear and comprehensible language any Defect or change in the article offered for sale or sold, all subject to the Approved Standards, where the article is a Vehicle, the Agent shall also clearly disclose on the side window of the Vehicle the additional accessories of the Vehicle produced other than by the manufacturer, the place where the same were produced and affixed and shall include the aforementioned upon sale in a separate document to be signed by the customer. 2. The Ministry may take the necessary procedures for establishing an electronic database for the prices of articles and spare parts, whether actually sold or offered for sale. Article 24: Complaints Register and Units: The Agent shall adhere to the following: A. Establish a unit to receive customer complaints. B. Establish a clearly organized register for customer complaints in which all complaints shall be registered. C. Nominate a focal point for communication with the Ministry for this sake. D. Keep the complaint registry for at least five years, and the competent officers of the Ministry may review the same. Article 25: Method of Settling Complaints: The Agent shall lay down a clear procedural mechanism for settling consumer complaints, which shall be binding vis-a-vis the customer and the Ministry without the customer being required to bear any financial consideration, provided that it includes the following: A. Responding to complaints quickly and efficiently. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه @ SaudiMCI www.mci.gov.sa 8 [Non-Text] وزاره التجاره Ministry of Commerce VISION 23:30 المملكه العربيه السعوديه KINGDOM OF SAUDI ARABIA B. Statement of information and procedures needed to submit a complaint. C. Updating the customer with the status of the complaint and the measures taken at least every (5) five Days. D. Appointing an expert, if need be, and report such appointment to the customer within (3) three Days. Reporting the acceptance of the complaint to the customer within (30) Thirty Days from the date of its submission and perform the resulting obligations without delay or the dismissal thereof along with disclosing reasons. Article 26: Use of Technical Expertise: The Ministry shall lay down a mechanism to make use of technical expertise to give opinion in customer complaints of technical nature. Article 27: Providing Better Benefits: Compliance with these Terms shall be without prejudice to any policies or terms that give better benefits to the customer under the manufacturer's policy. +966 11 294 4444 | Riyadh 11162 @ SaudiMCI 9 Kingdom of Saudi Arabia | المملكه العربيه السعوديه www.mci.gov.sa