How big documentation is required, if one gets made its car on a mærkeuafhængigt workshop and suddenly faced with a garantisag to the importer? The issue recently came into focus in a case where an owner of a Kia Ceed 1,6 from 2013 were faced with a motor that was cracked in the block, and thus had to switch to the other for 35,000 dkk.
Kia-the owner had reported his claim to his local Kia dealer, in accordance with Kias warranty requirements for both signed serviceskemaer and invoices for the service performed. These requirements, the owner could not comply with fully and was rejected.
Why had he switched the engine on a second workshop for its own account and raised the demand for a guarantee for the Kia. The matter is dealt with in the appeals Board for Cars, which have determined that Kia Imports must pay the car owner damages.
As a starting point, there is free choice of workshop, as long as the factory conditions are complied with.
in 2003, and was a guidance from the Consumer ombudsman on what evidence is a nyvognsforhandler must charge a car owner at fault on the car, which is remedied under the warranty, however, there has been disagreement about the interpretation.
the Bodies of the Cars are set up by the Danish bilbranche and FDM.
the Board has a legal presidency of a judge as chairman.
the Board deals with complaints for the purchase of new and used cars over $ 10,000. and værkstedsregninger of more than 1,500 kr. Complaints shall be submitted on the web.
It costs 400 dkk. to file a complaint.
See more at bilklage.dk.
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believe Erik S. Rasmussen, who is director of the Danish Bilbrancheråd, which organizes the free workshops.
He believes there is a principled victory, which means that car owners no longer need to come with extensive documentation, if the car has been serviced at a mærkeuafhængigt workshop, but now just need to show a fully stamped servicehæfte.
- Mærkeforhandlerne has for decades used it skræmmebillede, that if you are unfaithful with your service, then there is a high risk that the guarantee falls away. It is made with a dokumentationsgrad, as an unfaithful motorist must come with that is far-fetched compared to the way we have interpreted the provisions on, say, Erik S. Rasmussen.
- Now it is firmly established; the car owner should not come with thick binders to invoke a garantisag with the brand. You must come up with one document, namely, a completed and signed logbook. Otherwise, he says.
Erik S. Rasmussen points to a study from the Epinion from 2019, which shows that 25 percent of the Danish car owners to choose a qualified specialist workshop because of the fear of the factory warranty.
- This fear can now be brushed aside by the decision of the board of appeal, believes Erik Rasmussen.
the Matter does not stop here. Kia will now bring the case to the ordinary courts.
the Rasmus Aagaard, director at Kia Import Danmark A/S, awaiting further progress.
- It is true that we wish to challenge the matter before the courts - and the reason is, of course, that we do not agree with the decision. In addition, we do not want to comment on a pending case and notes that no parties can conclude anything, until there is a final judgment. In addition, we do not want to comment on the case, says Rasmus Aagaard.
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--------- SPLIT ELEMENT ---------FDM: always Have the documentation
- The more information there is in an invoice, the less conflict may occur subsequently, says Abid Khan from FDM .Photo: FDM
It is always a good idea to make sure statements of work and invoices, which describes in detail what is made by your car and document that the service intervals are adhered to. Especially if you choose a free workshop. So you are better off if a conflict occurs, reads the message from the FDM.
- We advise the consumer to get as much documentation as possible. The more information there is in such an invoice, the less conflict may occur subsequently. To avoid conflicts, says Abid Khan, who is a lawyer at FDM.
- Have an invoice that is sufficiently detailed, then it is not the consumer, who has the burden of proof in the first place, then it is the trader, he says.
- it Turns out then that the service, which is carried out in a free workshop, is not made according to the requirements, so the consumer can make a claim for this workshop. For when you go to a repair shop, then you have a presumption that the service, which happens, according to the regulations, as the carmaker has presented, says Abid Khan.
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--------- SPLIT ELEMENT ---------Multiple pass
If the case of the Kia Ceed engine translates into that vehicle owners will only need to show a stamped servicehæfte to be garantidækket, it will have more benefits for consumers. This is the message from Abid Khan, who is a lawyer in the FDM's legal advice.
He does not want to go into the case, but would like to relate generally to the issue.
- It can have a positive effect for consumers.
It will be easier to get garantibehandlet a case, and it will be easier to buy a car with safety that there is still a warranty on the car, says Abid Khan.
a decision by a court of law will create more clear guidelines.
- There may be specific circumstances in that case which one has given to the importance of the outcome.
Therefore, it becomes interesting to have the case tried by a court and see if there is a specific decision or a more general opinion.
It will give more tranquility on both sides of the table, says Abid Khan.
He points, however, that the authorized workshop can always claim to have tested the claim about the service.
- We've also seen examples that are scammed with the pistons in servicehæfterne, so the ram is not always a guarantee. Therefore mærkeværkstedet the opportunity to rebut, if this is not correct, for example, by having analyzed the oil. The option has the in spite of everything, he says.
the Industry is working to establish a solution with an electronic logbook. But here is not yet a standard, FDM considers as sufficient.
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