Will the car importer offer you a replacement car under the manufacturer's warranty?
No matter what new vehicle you purchase or from which Israeli vehicle importer, at some point you will discover some kind of fault in the vehicle. The question arises: is vehicle replacement possible under the manufacturer's warranty or is all the customer can receive from the importer a repair of their vehicle?
If you look carefully at the warranty certificate you received with the vehicle (if you received one), you will discover that everything the vehicle importer has committed to providing you with during the warranty period (which usually ranges from three to seven years) is Vehicle repair.
You will never find information in the warranty certificate regarding the replacement of the vehicle by the importer under the manufacturer's warranty or even within how long the importer undertakes to repair your vehicle. During a malfunction.
From the experience of countless Lawsuits against car importers Having argued in courts, I can tell you that in every lawsuit against them, car importers always claim that the customer is bound by the terms of the warranty certificate, and cannot demand from the importer rights that exceed the terms of the warranty certificate.
At this stage, it is important to know that it is not only the terms of the warranty certificate that determine your rights, and even if the importer claims that he does not have to replace your vehicle in the event of a malfunction, that does not always mean that he is right. In certain cases, not only are you entitled to demand a vehicle replacement under the manufacturer's warranty, but you can also demand Completely new vehicle.
On the site you can find Lawsuit against Champion Motors For example, it requires replacing a damaged vehicle with a new vehicle under the manufacturer's warranty.
In what cases can a vehicle be replaced under the manufacturer's warranty?
First, it is important to know that there is no obligation to have the vehicle serviced at the authorized importer's garage, and the manufacturer's warranty can be exercised at the importer's garage. Even if the vehicle was serviced at another garage Before the vehicle malfunction, as long as that garage was accredited and licensed by the Ministry of Transportation.
However, if you intend to demand a vehicle replacement under the manufacturer's warranty, you must contact the importer itself.
Replacing a vehicle under manufacturer's warranty can probably be requested within the warranty period. If your vehicle is no longer under the manufacturer's warranty period, you will not be able to request the replacement of the vehicle, except in a situation where the fault was still identified within the manufacturer's warranty, the importer tried to fix the fault and it was not fixed, and shortly after the vehicle left the garage the warranty ended. In these exceptional cases, you can still request the vehicle to be repaired or even replaced, and argue that this fault should still be covered by the manufacturer's warranty.
Law on Licensing Services and Professions in the Automotive Industry מגדיר את המושג "אחריות" וקובע כך:
"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;
Please note – the provisions of the law override the terms of each importer's warranty certificate, and although the law does not explicitly state this, court rulings have determined that it is possible to demand the replacement of a vehicle with a completely new vehicle, even if your vehicle is a year old or even much older.
However, the law does not state that a vehicle replacement can be requested (or received) after any vehicle malfunction, even if it is a completely new vehicle that is only a day or a few days old.
Replacing a vehicle under manufacturer's warranty is mainly relevant for serious vehicle malfunctions (transmission, engine, safety system malfunctions) or for recurring malfunctions that the importer has failed to repair.
Another case in which it is possible to demand the replacement of a vehicle with a new one is when the importer does not have spare parts to repair the vehicle and the customer is required to wait for the vehicle to be repaired for weeks and sometimes months, contrary to the provisions of the Law on Licensing Services and Professions in the Automotive Industry.
סוגיית החלפת רכב על ידי יבואן הרכב במסגרת אחריות יצרן נדונה במספר פסקי דין. לדוגמה במסגרת ת"א (שלום ת"א) 48828/98 אדיר הבירה בע"מ נ' יוניברסל מוטורס ישראל בע"מ:
Even if a defect or deficiency as mentioned is discovered, and even if it is one that the buyer did not cause, intentionally or negligently, this does not mean that the defendant must replace the car for the buyer, but rather must repair and take care of diagnosing the defect and removing it, And only if this is not possible, or if it is a fundamental and chronic defect that constitutes a current and future incompatibility in the car - only then is the buyer entitled to cancel the transaction and return it or receive a new car in exchange..
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לא יכולה להיות מחלוקת כי מדובר בכמות פניות וטיפולים שאינה סבירה לרכב חדש. כפי שנפסק בת"א (שלום חיפה) 10560/05 Skobronic v. Audi AG (6.1.2008) "כאשר החברה, שהיא יבואנית הרכב בעלת המוסכים המורשים המרכזיים לטיפול ברכב אינה מצליחה לתקן את הליקוי, הרי שאין היא יכולה לצפות שהעניין ייגמר בכך ששוב תינתן לה הזדמנות לתיקון. אדם שקנה רכב חדש, במיוחד רכב יקר כמו הרכב הנדון זכאי לרכב חדש ללא תקלות, או עם תקלות המתוקנות מייד עם גילויין"
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Regarding the need for a new vehicle purchaser to frequently report to the garage due to malfunctions, it has often been stated that one of the goals of purchasing a new vehicle is to avoid frequent garage visits, And it is legitimate and reasonable to expect that a new vehicle purchased from a company will not require its owner to repeatedly go to the garage to repair faults.
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Although even in a new vehicle, there may be manufacturer defects and for this reason the warranty is provided, in our case and as mentioned This is a malfunction in the engine and transmission, which are central parts of the vehicle, and not only that, malfunctions in these assemblies should not occur in the first few years of the vehicle being on the road.
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In our case, where there is no dispute that the engine and transmission needed to be replaced and were indeed replaced by the defendant, the plaintiff has a claim of incompatibility in that the defendant sold him a vehicle that did not have the quality required for his normal use.
דוגמה לפסק דין נוסף שבו נקבע שניתן לדרוש החלפת רכב ברכב חדש במסגרת אחריות יצרן – 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, And that due to a material defect that cannot be repaired and that was 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 transaction cancellation. – בשל אי התאמה יסודית – הניתנת על ידו מייד עם התגלות הליקוי המהותי האמור, או תוך זמן סביר מהתגלותו, וכאשר הליקוי אינו מטופל ע"י החברה המוכרת. נטל הוכחת אי התאמה כזו – מוטל על כתפי הטוען לקיומה.
On the other hand, even a new vehicle may have malfunctions, and there may be defects and deficiencies, and this is what the contractual warranty provided to the buyer is intended for, so that during the agreed period these deficiencies can be resolved by the selling company, without any financial obligation to the buyer, when the buyer has no hand (negligent or malicious) in causing them.
פסק דין נוסף שעוסק עליו ניתן להתבסס כשדורשים החלפת רכב במסגרת אחריות היצרן הוא ת"א 27408-08-20 פארק הקרח אילת בע"מ נ' אוריקאר תחבורה בע"מ:
Not every defect or defect constitutes a reason for replacing the vehicle. According to the Sales Law, the buyer must inform the seller of the non-conformity immediately after its discovery, and the seller is given the right to make a correction in the sale before granting a remedy of cancellation or financial compensation (Sections 14(a) and 28 of the Sales Law; see also Eyal Zamir in his book חוק המכר, תשכ"ח-1968 (Commentary on Contract Law, edited by G. Tedeschi, 1987) (hereinafter – nightingale), on p. 244).
The car manufacturer must repair and diagnose the defect and remove it. Only if this is not possible or if it is a fundamental and chronic defect that constitutes a current and future non-conformity in the car, is the buyer entitled to cancel the transaction and return the item.
A ruling took an even stricter approach and ruled that the vehicle owner may, in certain cases, demand Canceling the car deal And to get his money back.
A ruling that determined that the failure to repair the vehicle within a reasonable period of time allows the customer to demand the cancellation of the transaction:
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
A new vehicle can suffer from various faults. Car importers will always insist on repairing the fault but will never offer to replace the vehicle with a new vehicle even if the customer's vehicle suffers from serious safety faults.
Although the warranty terms do not address this, the customer may demand a replacement vehicle with a new vehicle, and is not required to be satisfied with just repairing the vehicle.
Replacing a vehicle with a new one is usually possible in the event of serious faults, for example, a fault in the transmission or engine or in the vehicle's safety systems. It is possible to demand a vehicle replacement even if the faults are less serious, but in situations where the importer was given options to repair the vehicle and the vehicle was not repaired.
Before you request a replacement vehicle for a new vehicle, it is recommended to consult with Lawyer against a car importer In order to understand whether there is a basis for your demand.
