What does the Auto Spare Parts Law stipulate regarding the supply of spare parts?
The Auto Parts Law is actually Law on Licensing Services and Professions in the Automotive IndustryThis law defines what a vehicle importer must do or provide when Vehicle malfunctionA vehicle importer who does not fulfill his obligation to supply vehicle spare parts on the date specified by law risks having claims filed against him, including: Class Actions .
To understand exactly what the Auto Spare Parts Law stipulates, let's start with a number of definitions from the law:
חלק חילוף בחוק מוגדר כ"מוצר תעבורה":
"מוצר תעבורה" – אבזר, חלק, מערכת חלקים, מכשיר למעט מכשיר שהוא כלי עבודה המשמש מוסך או יצרן בלבד, מיתקן או חומר נוזלי, מוצק או גז המשמשים או המיועדים לשמש להרכבתו, לתחזוקתו או לפעולתו התקינה של רכב או להבטחת בטיחותו או להבטחת בטיחות המשתמש בו או לנוחיותו, וכן כל אחד מהם אם עליו להימצא ברכב על פי דין;
Please note that this is a very broad definition that includes not only physical spare parts but even liquid or gas materials, as needed to repair the vehicle.
חוק חלקי חילוף לרכב מגדיר גם מהי "אחריות":
"אחריות" – מתן שירות, בלא תשלום, לאחר מכירת רכב או מוצר תעבורה, הכולל תיקון, טיפול or replacement of the vehicle or of a transport product, to ensure their integrity;
That is, according to the Auto Parts Law, within the framework of the manufacturer's warranty period, the vehicle importer is obligated not only to repair the vehicle in the event of a malfunction, but in some cases even to replace the vehicle with a new vehicle.From our office's experience in countless Lawsuits against car importersNo vehicle importer fulfills its obligation in accordance with the provisions of this law in all matters related to the issue of replacing the vehicle with a new one in the event of a vehicle malfunction.
In extreme cases, the car importer will try to repair the vehicle for months or even for about a year (as happened in one case as part of the Lawsuit against Champion Motors which we manage on behalf of our client's office) but will not agree to replace the vehicle under any circumstances.
The Auto Spare Parts Law also determines the maximum period of time within which a vehicle importer must supply spare parts:
48. (A) A direct importer will provide transportation products for each manufactured vehicle that it imports for the purpose of maintaining the vehicle and maintaining its proper condition, for the period as stated in Section 41(a)(3)(a).
(on) An indirect importer will supply transportation products for the vehicle he imports for the purpose of maintaining the vehicle and maintaining its proper functioning, for the period as stated in Section 42(a)(4)(a).
(c) A direct importer and an indirect importer shall supply a transport product for a vehicle model that they import, within seven working days from the date of receipt of the order; however, a direct importer may supply a transport product for a vehicle model that it does not import, within 14 working days from the date of receipt of the order.
(d) The provisions of subsection (c) shall not apply due to a delay in the delivery of a transport product, which does not exceed 45 working days from the date of receipt of the order, provided that the direct importer or indirect importer has proven that he did everything in his power to provide the customer with a transport product within the period as stated in that subsection and has taken all necessary measures to order the transport product from any reasonable source from which it can be obtained at that time, and that he had no control over the delay in delivery.
That is, according to the provisions of the Auto Parts Law, the vehicle importer must provide spare parts within 7 business days for models that it imports, and within 14 days for models that it does not import. In extreme cases, the Auto Parts Law allows the vehicle importer to provide the spare parts within 45 business days, but according to court rulings, these are extreme cases, and not even war will always fall within this exception.
It is important to know that the provisions of the Auto Spare Parts Law also apply to vehicles that arrived in Israel inPersonal import:
49. (A) A direct importer will provide the warranty given by the vehicle manufacturer to each vehicle it imports and will exercise the aforementioned warranty for each manufactured vehicle it imports.
(on) An indirect importer will provide the warranty given by the vehicle manufacturer, if any, to any vehicle it imports that is not a product imported by a direct importer.
(third) A direct importer or indirect importer shall not condition the validity of the warranty given under this section on the vehicle being serviced at the importer's service garage or on the use of a specific transport product; this provision shall not apply to vehicle maintenance services included in the warranty, for which the importer or someone on his behalf bears the cost of at least ninety percent; the Minister may determine a different rate for this matter.
Manufacturer's warranty for a vehicle imported to Israel through personal import is actually provided at the garages of the direct (official) importer in Israel. For example: a Chevrolet vehicle imported to Israel through personal import will be handled at garages Universal Motors.
What should be done with a car importer who violates the provisions of the Auto Parts Law?
The most common situation in which a vehicle importer violates the provisions of the Auto Parts Law is when the vehicle is not repaired within 7 business days, and in many cases not even within 45 business days.
במקרים אלה יבואן הרכב לא פועל גם בהתאם להגדרת "אחריות" בחוק, ולא מחליף את הרכב בחדש. יבואני הרכב יוצאים בחלק גדול מהמקרים מנקודת הנחה שאם הם מספקים רכב חלופי הם פטורים מקיום הוראות החוק. לרוב גם הרכב החלופי הוא לא מאותו דגם של הלקוח, אלא מדגם נחות וזול יותר. Even supplying a replacement vehicle does not exempt the vehicle importer from the provisions of the law.
In cases where the vehicle importer acts in violation of the provisions of the Vehicle Spare Parts Law, you must act as follows:
- Always contact in writing for documentation purposes – you must contact the vehicle importer and inform him that you know that he is violating the provisions of the Auto Parts Law, and that you demand immediate repair of the vehicle.
- ככל שיבואן הרכב לא יתקן את הרכב באופן מיידי עליכם להודיע ליבואן הרכב שאתם דורשים שהוא יפעל בהתאם להגדרת "אחריות" בחוק ויחליף את הרכב בחדש.
- If the vehicle importer does not agree to act in accordance with the definition of warranty in the Auto Parts Law and does not replace the vehicle with a new one, you must notify us in writing of the cancellation of the transaction.
- The car importer will not agree to cancel the deal, so you will have to file a lawsuit in court. It is very worthwhile to use the services of Lawyer against a car importer who filed many lawsuits of this type.
What are you allowed to demand from a car importer as part of a claim?
The Auto Parts Law and other laws actually allow you to claim a number of remedies:
- Canceling a new car transaction – As part of the transaction cancellation, you demand that the car importer take back the vehicle and refund you what you paid for it.
- Vehicle replacement – This is usually an alternative remedy to the remedy of canceling a transaction. This is an alternative remedy in the event that the court does not grant your request to cancel the transaction. As part of this remedy, you request that the court order the car importer to replace your car with a new one.
- Financial compensation – In addition to the remedy of canceling a transaction or replacing the vehicle, you may demand financial compensation because the vehicle importer did not comply with the provisions of the law. In most cases, failure to comply with the provisions of the Auto Parts Law will force you to prove that you suffered damage. For this damage, you may demand financial compensation.
- refund Legal expenses – Because the car importer did not act legally and forced you to hire a lawyer and pay him Fees, Court fee, and there may also be additional expenses, such as payment for Expert opinionYou may demand that the court impose on the vehicle importer the expenses you incurred.
On our website you can find an example of כתב תביעה נגד אורכיד ספורטס קארס ישראל בע"מ (Importer of Porsche vehicles in Israel) for a very long repair that exceeds the provisions of the law.
Court rulings that can help you if the importer does not repair the vehicle within a reasonable period of time
ת"א 18449/99 שמואל מור נ' דוד לובינסקי בע"מ:
"אין ספק, כי הקונה רכב חדש זכאי לכך שיהא תקין ותואם למצבו של רכב חדש, וכי כל תקלה שאינה נגרמת באשמו וברשלנותו תתוקן בתוך תקופת האחריות ע"י החברה המוכרת, וכי בגין A material defect that cannot be repaired and that is not caused by the fault or negligence of the buyer - the buyer is entitled to receive a new replacement vehicle or to be given a notice of cancellation of the transaction - due to a fundamental incompatibility – הניתנת על ידו מייד עם התגלות הליקוי המהותי האמור, או תוך זמן סביר מהתגלותו, וכאשר הליקוי אינו מטופל ע"י החברה המוכרת."
ת"א 19906-02-13 Brom 58 Import and Marketing Agencies v. Alon Truck Garages (1992):
"I do not believe that the 3rd defendant has proven that the truck was repaired within a reasonable time. Therefore, the plaintiff has the right to cancel the agreement due to non-conformity.Likewise, even if the claim were accepted that an agreement was proven between the parties regarding the repair of the truck by Defendant 3, during which the plaintiff would use a replacement truck, The plaintiff could still have canceled the purchase agreement, as the defendant exceeded the reasonable time to repair the truck.."
In conclusion
The Automotive Spare Parts Law is actually a law that licenses services and professions in the automotive industry. This law determines what obligations apply to the vehicle importer in the event of a vehicle malfunction.
The Auto Parts Law explicitly states that the vehicle importer must not only repair the vehicle but also replace it. The ruling has stated that in cases where the vehicle cannot be repaired, the customer must receive a new vehicle.
The Auto Parts Law sets the maximum repair times that a vehicle importer must provide spare parts and repair the vehicle. In many cases, vehicle importers will not comply with the law and will repair the vehicle for a period of time that can reach weeks or even many months.
In these cases, the customer must demand the replacement of the vehicle or the cancellation of the transaction (or both remedies together) and if the vehicle importer does not respond to the demand, the customer must submit Claim To the court.
