Customer RightsAugust 15, 2015 2:24 pm
Vehicle-Users’ Rights Protection Law (Approved by Islamic Consultative Assembly Dated on 1386/04/03 No. 526/49525).
The following terms in related explained meanings are used.
- Vehicle: any kind of transport Auto-vehicle manufactured inside or outside of the country for use in public passages and transporting passenger or cargo up to allowed capacity.
- Supplier: any real or legal entity who directly or through sales broker implementing sale of newly-manufactured and imported vehicles of own.
- Sales broker: any real or legal entity who with supplier’s agreement implementing the sale of vehicle.
- Authorized Agency: any real or legal entity who with supplier’s agreement undertakes the sale and after- sale services of vehicle during the term of the guaranty.
- Customer: any real or legal entity who has in possession a vehicle for personal or public use.
Supplier shall comply with declared standards regarding safety, quality, vehicle’s well-being and its conformity with presented guaranty to customer.
Note 1: guaranteed period shall not be less than one year of the time of delivered vehicle to customer or shall have performance of 30,000 km (whichever ends earlier).
Note 2: Term of commitment or duration of supplying components and presenting standard technical services is 10 years from official delivery of last vehicle to customer.
Supplier throughout guaranty term shall remove any kind of deficiency or fault (resulted from design, assemble, produce or shipping) that exist in vehicle or appeared as a result of usual application of vehicle and contradicts with guaranty’s provisions and declared specification to customer or obstruct from desirable application of vehicle or reject its safety or causes decrease in transaction value of the vehicle. Supplier shall undertake: the cost of removing defect or deficiency in vehicle throughout guarantee term and compensation of all damages caused to customer and third entity, including financial and physical damages and medical costs resulted from defect or deficiency (that beyond the third party insurance policy liabilities) cost of transport to repair shop and Supplying same replacement vehicle throughout repair Period (if the period of vehicle’s stop exceeds 48 hours).
Note 1: supplier’s commitments directly or through sales broker or authorized agency are implemented. Supplier shall establish network of after-sales services or authorized agency of repair and distribution of spare parts and shall provide necessary training proportionated with number of supplied vehicles across the country and shall not force the customer to refer to a definite agency.
Note 2: in case of a disagreement arises between both parties on subject of above article, disputed subject according to request of both parties initiated in related board of settlement, comprised of agencies of vehicle supply, official judiciary expert and disciplinary force expert, presided by official judiciary expert proposed and required verdict will be issued. In case one of the parties protests the verdict, claim can be pursued in eligible court. Eligible court shall write the verdict out of turn and maximum within two months.
If defect or deficiency in safety components of the vehicle during guaranty term after 3 times repair still persists or in case of defect or deficiency of components that causes physical or psychological damage to individuals and would not be removed with once repair or vehicle remained inoperative for more than 30 days due to repairs, supplier shall, according to request of customer, replace the faulty vehicle with new vehicle or with agreement, shall refund the price of the vehicle.
Note 1: if disagreement arises between parties, its settlement shall be through board of settlement of dispute, subject of Note 2 Article 3 of this law.
Note 2: supplier shall not grant or use returned vehicle before removal of defect. Granting of Aforesaid vehicle after removal of defect and previous deficiency and with explicit declaration of aforesaid defects in grant documents is authorized.
Supplier, sales broker and authorized agency shall detail, each time the vehicle that subjects to guaranty exposed to repair and periodically various services. After completion of repair, all defects and faults declared by customer, all carried out performances and repaired or replaced components shall be mentioned in written and submitted to customer.
If supplier’s commitments due to unexpected events (unforeseeable and unavoidable) cannot be honored, these commitments will be suspended. Suspension period will add to guarantee term.
Any kind of agreement direct or indirect between supplier, sales broker or customer by which all or part of commitments ,that supplier according to law and or guarantee letter undertakes, dispenses or submitted to sales broker or any other title, shall be ineffective and invalid.
Any defect and deficiency and physical and financial damage to customer and third party who due to replacement or installation of components and accessory system and or receiving services from out of official and authorized network of supplier by customer during guarantee term created, shall not subjected to this law and any rights for customer and third party toward supplier shall not be created.
Supplier shall mention in written the number of the subject of this law in guarantee letter papers and at the time of delivery of the vehicle in due manner, the subject of this law shall be clearly and explicitly declared to customer.
Executive regulation of this law (especially regarding the criteria of establishment of authorized agency of repair in extent of country per to the number of supplied vehicle) within 3 months from appraval by ministry of industries and mines and approval by board of ministers.
Ministry of industries and mines shall supervise the execution of this law in line with protection of customers’ rights and declare rotatory 6- month report to commission of industries and mines of Islamic consultative assembly.