Source: CAR DRIVER PAGE.EU
Many drivers are unsure about the regulations regarding the handling of repairs to their vehicle. How is it z.B. With the free choice of repair shop for repairs under warranty? Do you have to leave the repairs to the guarantor or can you ask a repair shop of your choice to do the repairs?? Car driver site.Eu clarifies..
What was the specific case?
In this case, the car dealer had refused to pay for the cost of a repair because the car owner had hired an outside company and had the repair work done there. The guarantor therefore referred to its warranty conditions, in which under§ 4.2 it is stated that: "the repair must be ordered from the seller or from a workshop designated by the seller".
However, the court considers the clause invalid because it unreasonably disadvantages the warranty holder (see also§ 307 abs. 1 sentence 1 BGB / see abb.). Also the explanation of the guarantor, he has an interest in the fact that the work is carried out in one of his contract workshops, since he is after all further guarantor did not change anything in the opinion of the court. In addition, it would also be a fact that the warranty holder would have warranty claims against the repairing workshop in case of a faulty repair.
the hanover district court ruled in a verdict dated 24.02.2015 (az.: 547 C 3575/13), according to a judgement of the BGH (az.: VIII ZR 206/12) of 25.9.2013 follows, clarified that clauses that disadvantage a warranty holder are invalid. In summary, it can be said that if a car dealer stipulates in the terms and conditions of his warranty that the vehicle purchaser may only visit a workshop named by him in the event of a warranty claim, this provision puts the purchaser at an unreasonable disadvantage and is therefore invalid. In this case, the hanover Regional Court even awarded the policyholder payment of the maximum amount (in this case 3.000 euro), even though the repair at the third-party repair shop was only 2.796 euros and was therefore 204 euros cheaper.
Conclusion
This ruling points the way ahead for car drivers. Not only do some garages repeatedly try to use clauses in their warranty conditions to deprive car owners of their right to choose their own repair shop, but they also try to make the owner liable for the damage. This ruling is also important for the workshops, as it further secures their existence and preserves existing jobs. Therefore, this is also important for us, as motorists, as it is the only way to have repairs carried out at the independent garage of our choice.
So, in case you want to hire your independent repairer, clarify the details with the guarantor, also with the reference to the current case law. If there are any misunderstandings or ambiguities regarding your free choice of workshop, please feel free to contact our This email address is being protected from spambots! javascript must be enabled for display! . A further good and safer journey wishes you autofahrerseite.Eu
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