Question: I bought a pre-owned vehicle from a well-known auto dealer two months ago, and the car is still under a 6-month warranty. But it requires maintenance now, and the dealer is asking me to pay for spare parts. Isn’t the dealer responsible for repairing the vehicle because it is still under warranty? Please advise me on my rights in this case.
Answer: Pursuant to your queries, as the pre-owned car you purchased from an auto dealer includes the warranty, the provisions of UAE Consumer Protection Law and its Cabinet Decision on Executions Regulations on UAE Consumer Protection Law are applicable.
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In the UAE, a supplier of products is responsible for providing spare parts and maintenance as mentioned in a warranty. This is stated in Article 10 of Federal Law No. 15 of 2020 on Consumer Protection, which states, “1. The supplier shall implement all warranties, provide the required spare parts and maintenance, replace the goods or refund their monetary value, and commit to after-sales service regarding the goods sold within the specified time limit.
2. The supplier shall guarantee the service he provides, and that it is free from defects and malfunctions within a period of time commensurate with the nature of the service, otherwise he shall return the amount paid by the consumer or a part thereof, or he shall re-perform the service properly.
3. The Implementing Regulation of this Law shall determine the controls for implementing the provisions of this article.”
Furthermore, a warranty of a product needs to include the name and particulars of the supplier, date of purchase, warranty period, name of the product & model, consumers’ obligations, exclusions in the warranty etc. This is under Article 12 of the Cabinet Decision No. 66 of 2023 Concerning the Executive Regulation of the Federal Law No. 15/2020 Concerning Consumer Protection.
Additionally, the supplier of goods should provide spare parts to a consumer to repair a product within 7 or 14 days. This is in accordance with Article 14 (1) & (2) of Cabinet Resolution No. 66 of 2023, which states, “The supplier shall provide the necessary spare parts for the operation and repair of commodities as follows:
1. For the spare parts on which demand by the consumer is regular and ongoing: The supplier shall provide the same consecutively, upon demand by the consumer, no later than (7) seven days from the date of demand by the consumer.
2. For the spare parts on which demand by the consumer is normally neither regular nor ongoing: The supplier shall provide the same no later than (14) fourteen days from the date of demand by the consumer, save for force majeure, at the discretion of the concerned body.”
Moreover, if a supplier does not provide services as mentioned in the warranty, a consumer may claim compensation from the supplier. This is under Article 24 of the UAE Consumer Protection Law, which states, “1. The Consumer shall have the right to claim compensation for personal or material damages sustained by him as a result of using the Good or Service, in accordance with the legislation in force in the State, and any agreement to the contrary shall be null and void.
2. Damages resulting from the product’s misuse or use contrary to the method of use are excluded from the provisions of clause (1) of this article.”
Additionally, if a supplier breaches the conditions of warranty to a consumer, then such supplier may have to face administrative sanctions and/or financial penalties as mentioned in Addendum no. 1 and Addendum no. 2 of Cabinet Resolution No. 66 of 2023.
Based on the aforementioned provisions of law, if the warranty particulars of your car provided by the auto dealer (supplier) mention that the auto dealer is liable to bear the cost of spare parts, then it is the obligation of the auto dealer (supplier) to bear the same. In the event that your auto dealer (supplier) does not repair your car and demands the cost of spare parts, then you may consider filing a complaint against the auto -dealer(supplier) with the UAE Ministry of Economy.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.