Executive Regulations of the Law on Protection of the Rights of Car and Motorcycle Consumers
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Article 1- The rules contained in this regulation include all suppliers, sales intermediaries, after-sales service intermediaries, and authorized dealers of all types of motor vehicles, including passenger cars, minibusses, middle buses, buses, vans, lorry, trucks, tractors, Trailers, and types of motorcycles made in the country or abroad.
Article 2- In this regulation, the following terms are used in the detailed meanings related to:
A- Law: Law on Protection of Car Consumer Rights – Approved in 2007 –
B- Ministry: Ministry of Industry, Mines and Trade.
C- Supplier: Any natural or legal person who, directly or through a sales intermediary, sells his newly built or imported cars.
D- After-sales service: All after-sales services of a product, such as warranty and commitment, including support for services, repairs, and supply of standard parts, which ensures the optimal performance of the product.
E- Sales and after-sales service intermediaries: real or legal persons who, with the consent of the supplier, are responsible solely or together for the sale and after-sales services of the car through authorized dealers. The intermediary can act as part of the supplier or as an independent company under the supervision of the supplier and provide its services.
C- Authorized dealership: Any natural or legal person who, with the consent of the supplier, is responsible for the sale and after-sales service of the car during the warranty period.
G- Method of providing after-sales service of car: According to the national standard No. (19117) regarding determining the method of car after-sales service, indicators and how to evaluate the supplier, after-sales service intermediary, and its authorized agencies, as well as classification and Monitoring their performance.
H- Instructions on terms, conditions, and evaluation of car sales services: Instructions that are prepared by the Ministry to determine the method related to car sales services, indicators and how to evaluate the supplier, sales service intermediaries, and their agencies, as well as classifying and monitoring their performance. It is communicated.
I- Warranty period services: a set of repair, supply, and replacement services or car replacement services that are the responsibility of the supplier for a period of time or within a specified distance by Articles (12) and (13) of this regulation and to perform it for free.
D- Obligation period services: a set of repair services, supply and replacement of parts and support services that in a specific period of time according to Article (15) of this regulation and in return for payment “equal to the approved rate subject to paragraph (i) of Article (2) of this “Regulations” are made by the supplier for the consumer.
Mobile services: Relief and repair services are provided to the consumer at the car park outside the authorized dealership.
R- Standard technical services: services that are by the factory, national, international, or other official standards and specialized instructions.
G- Warranty: It is a document in the Persian language and includes the responsibility of the warranty period and commitment of the supplier services and the optimal use of the car, which is delivered to the consumer by the supplier along with the car.
G- Optimal use of the car: The use of each car according to the specifications announced by the supplier, especially regarding the number of passengers and the amount of cargo.
Q- Consumer manual: It is a manual at least in Persian, which must be submitted to the consumer by the supplier when delivering the car. This booklet should include items such as how to use the car properly, titles of essential car accessories such as radio player, spare wheel, jack, wheel wrench, removable flooring, hazard triangle and additional car equipment, fuel consumption (by city cycle), Suburban and combined) as well as the titles of periodic visits, the name, and address of authorized dealers of the sales network and after-sales service, the text of the law, bylaws and its executive instructions.
S- Providing a similar replacement car: Assigning a similar car and, if not possible, paying compensation for stopping the car during the warranty period.
P. Expert price: The price that is determined based on the opinion of the official expert of the judiciary in the relevant field.
D. Inspection Company: A qualified legal entity selected by the National Standards Organization of Iran by the Ministry to evaluate the performance of the supplier, sales intermediary, after-sales service intermediary, authorized dealers and submit periodic or case reports to the Ministry and the supplier.
I- Rates of services and parts: Due to the union activity of authorized agencies, after-sales service intermediaries and mobile services, wages or services, as well as the rate of parts and consumables by Article (51) of the amendment to the Trade Union System Law – approved in 2013 – With the focus on the supervisory commission, it is determined and received from the consumer in exchange for providing services and notifying the official bill.
Z- New car: A car that has not traveled more than (99) kilometers when delivered to the consumer.
Defect: Excess, defect, or change of condition that reduces the economic value of goods, services, or the impossibility of its normal use.
G- Car safety parts: parts whose defects cause the possibility of damaging the body, life, and property of people.
Note: The list of these parts is prepared and announced by the Ministry in cooperation with the National Standard Organization of Iran and the traffic police of the police force of the Islamic Republic of Iran.
F- Safety defect: Defects that may cause damage to the body, life, and property of persons.
Note: The Ministry is obliged to prepare and announce the list of vehicle safety defects as well as the parts subject to the mandatory vehicle standard in cooperation with the National Standard Organization of Iran and the Traffic Police of the Islamic Republic of Iran.
AH- Parts and consumables: parts and materials such as oils (such as engine and gearbox oils), liquids (such as antifreeze and windshield washer fluid), filters (such as gasoline, air, and oil filters), and other parts and materials whose complete list Will be prepared and communicated by the Ministry.
K- Notification standards and regulations: All criteria and specifications related to production, safety, quality, environmental pollution, sales, and after-sales service of cars that are notified and observed by the Ministry, National Standard Organization of Iran, Environmental Protection Organization, and Ministry of Oil They are required by the supplier.
Note: The technical standards of the supply companies will be considered as notification standards if they do not contradict the above.
Article 3 – The supplier is obliged in his information system to sell products online with the specifications of the car and terms of sale such as brand, type, type, color, equipment requested, car price, participation profit, delivery time, and other items Related to take action.
Note – The supplier is obliged to inform the public about the conditions at least two working days before the sale process.
Article 4- The supplier is obliged to prepare the final price of his products along with the type, type, color and accessories, rules and different methods of sale, and the purchase process in a transparent manner according to the table below and in the information base and authorized sales agencies. Make available to applicants:
Note 1- The maximum amount receivable in pre-sale contracts is equal to fifty percent of the cash sale price of the product in question at the time of concluding the contract.
Note 2- The profit of cancellation and the compensation of the delay mentioned in the section of sales criteria are calculated daily.
Article 5 – The supplier is obliged to obtain the relevant license from the Ministry before proceeding with the pre-sale of the car, including the number of cars that can be offered.
Article 6- The supplier is obliged to enter into a sales contract with the consumer.
In the sales contract, the specifications of the desired car such as brand, type, type, color, and conditions of the subject of the contract such as sale price, participation profit rate, delivery date of the car by determining the month and week of delivery, compensation for delay in delivery, list of required accessories Such as radio broadcasters, spare wheels, jacks, wheel wrenches, movable flooring, hazard triangles and requested equipment and providing a copy of the original contract to the consumer is required.
Note: Any change in the mandatory standards after the contract, if it increases the cost and is subject to pricing, will be included in the selling price with the approval of the pricing authority.
Article 7- In the pre-sale contract, the supplier is obliged to pay the participation profit of the received funds from the date of receiving the deposit until the delivery date stated in the contract.
Note 1- In case of delay in the delivery of the car, the supplier is obliged to calculate and pay the amount of compensation for the delay in the delivery with the payment funds from the date of delivery stated in the contract until the delivery of the car to the consumer.
Note 2: If the consumer does not liquidate the car subject to the contract within fifteen working days after the notification of the written invitation of the supplier, the supplier can deliver the car to other applicants, and the consumer’s turn to another date. Postpone its determination in the specified contract.
Note 3- In case of announcing the consumer’s cancellation one month after the conclusion of the contract, the cancellation profit will be calculated and paid based on the coefficients listed in the table below in Article (4) of this regulation.
The supplier is obliged to pay the cancellation interest and the amount paid to the consumer within twenty days. Consumer cancellation before one month from the date of the contract is not subject to cancellation of interest.
Note 4- If the time of repayment of the consumer’s payment funds is more than twenty days, the relevant cancellation interest from the date of delay until the repayment date of the said funds must also be calculated and paid.
Article 8- The supplier is obliged to indicate any change in the terms of the offer with the terms of the contract, except legal requirements, the written consent of the consumer in the addendum to the contract, before sending the invitation to complete the payment and to be approved and signed by the parties.
Note – In case of problems in the process of complying with the approved standards and delays in the delivery of the car, the supplier is responsible for compensating the damages and obtaining consumer satisfaction.
Article 9- The supplier is obliged to control the consumer’s requested car in his presence at the time of delivery and to deliver the car after ensuring the absence of defects.
Note 1- The supplier is obliged to fix the relevant defect by the relevant standard repair time in case of a possible defect in the vehicle, provided that the defect does not reduce the price value of the vehicle. Otherwise, the supplier is obliged to replace the car or obtain the written consent of the consumer.
Note 2: If the consumer prefers to an authorized dealer during the warranty period and complete elimination of vehicle defects under any circumstances is not possible for the authorized dealer during the remaining period of the said period, the supplier or sales intermediary with the authorized dealer is obliged to The authorized dealer shall notify the consumer in writing of the matter and arrange for the vehicle to be repaired as soon as possible under the terms of the troubleshooting guarantee.
Note 3- The supplier is obliged to act by Article (17) of this regulation, if the elimination of vehicle defects requires the passage of time, while accurately recording the vehicle defects in two copies and delivering one copy to the consumer.
Article 10- The supplier is obliged to provide the sales document, sales invoice with separate components, car price including net car price, numbering, insurance, duties, taxes, and other related items, warranty sheets, consumer manual at least in the language Provide Persian and additional equipment at the time of delivery of the car to the consumer.
Article 11- The supplier is obliged to prepare the following systems and instructions and monitor its proper implementation, within the framework of the instructions issued by the Ministry:
A- Sales process.
B- The process and system of paying interest and damages related to the consumer.
C- Inspection before delivery of the car.
D- Proper transportation of the car from the supplier to the authorized dealer.
E- The training system of the employees of the supplier company and its authorized agencies.
C- Acceptance, the workflow of services that can be provided, repair planning, and vehicle clearance to an authorized dealer.
G- Repair guide for different parts of the car.
H- The system of timely supply and distribution of all required parts through after-sales service intermediaries and their authorized representatives.
I- The system of encouraging, punishing, granting, and canceling its authorized agencies.
D- Quantitative and qualitative improvement of the network of its authorized agencies.
I- Clear information about the agency rank and the customers’ rights at the reception of the authorized agency.
R- The survey system of the clients of all authorized agencies.
G- Tracking mechanism of parts, especially safety parts installed on the car.
G- The system of handling complaints and determining the task of the issue in compliance with the legal criteria within twenty days.
Q- The system of providing mobile services and relief plans in the guarantee period and the commitment period for its subscribers.
Article 12- The warranty period for light vehicles including passenger cars, vans, and vans from the date of delivery to the consumer is at least two years of operation equal to forty thousand (40,000) kilometers, whichever comes sooner, for heavy vehicles including minibusses, middle buses, buses, trucks. , Trucks and tractors arrive at least two years from the date of delivery to the consumer or a function equal to two hundred thousand (200,000) kilometers, each of which arrives earlier and for all types of motorcycles from the date of delivery to the consumer is at least one year
Note 1- The supplier can increase the guarantee or commitment period based on its business policy and increase consumer satisfaction, in which case the details of its conditions must be communicated to the consumer in writing and clearly.
Note 2- The color warranty is at least three years for light vehicles, at least eighteen months for heavy vehicles, and at least three months for motorcycles.
Note 3- The supplier is obliged to guarantee the parts, consumables, and depreciation due to quality defects and assembly in each of the car sets to be covered by the period services.
Note 4- Repair or replacement of car parts, resulting from damage resulting from an accident or accident that is not due to a technical defect of the car, is not covered by the warranty.
Article 13- All car parts and assemblies, except for parts and consumables, are subject to warranty period services.
Note 1- The list of parts that are not considered as parts and consumables, including air pollution-reducing equipment including carbon canister, converter catalyst, second oxygen sensor, and their service life is less than the required time in the vehicle warranty period, shall be determined by the Ministry. Will be notified.
Note 2: The correct operation of the system and airbag parts is not only subject to the warranty period and also includes the commitment period according to the notification standards.
Article 14- Defects caused by not performing periodic services by the conditions stated in the car consumer manual in the network of authorized dealerships of the car supplier company, cause the related car sets to the desired service to be excluded from the guaranteed conditions.
Article 15- The service commitment period, including repairs and supply of parts, is ten years after the sale of the last vehicle of the same brand and type of vehicle by the supplier.
Article 16- The supplier is obliged to set up a system based on information technology to comply with the provisions of Article (5) of the law and to determine the time and place of the consumer’s referral to authorized agencies during the warranty and commitment period. If the consumer insists on acceptance in a particular agency, the supplier must act on this request as soon as possible.
Article 17- The supplier is obliged to provide a similar replacement car during the repair period if the repair of vehicle defects during the warranty period, which is not caused by damage caused by an accident or accident and lasts more than two working days or the standard time of approved repairs. If it is not possible to pay the compensation for the right to stop the car, act according to the provisions of this regulation.
Note 1- The period of stopping the car, for payment of damages in the warranty period and the commitment period after two and seven working days, respectively, or the standard time of approved repairs, for all days of stopping the car in the dealership, both closed and non-closed, without considering processes The interior of the manufacturer and importer, as well as the after-sales service intermediary or its authorized dealer, begins and ends on the day when the authorized dealer announces the readiness to deliver the car to the consumer after performing the necessary repairs. In any case, the period of stopping the car is added to the warranty period or commitment of the relevant car.
Note 2: In case the consumer refers to the same authorized dealer or any of the other authorized dealers for the second time or more to fix a duplicate defect, the time of stopping the car is calculated from the date of acceptance of the car to pay damages.
Note 3- If the defects in any of the vehicle assemblies which, at the discretion of the reviewing authority subject to Article (3) of the Law, cause an accident or accident or excessive air pollution, the relevant services shall be subject to the provisions of this Article and Is the responsibility of the car supplier.
Article 18- The rules for paying compensation for stopping a car, except damages resulting from accidents, are as follows:
A- Passenger car: From the time of delivery of the car to the authorized dealer, for each day of excess stop, in the amount mentioned in Article (17) of this regulation, in the amount of fifteen thousandths (0.0015) of the car price as stopping fee paid by the supplier to the consumer. Becomes.
B- Public car (taxi, van, van): from the time of delivery of the car to the dealer for each day of a stop above the amount mentioned in Article (17) of this regulation in the amount of two thousandths (0.002) of the car price as stopping cost by supply The buyer is paid to the consumer.
C- Heavy vehicle (minibus, middle bus, bus, van, truck, and tractor): for each day of stopping more than the amount mentioned in Article (17) of this regulation in the amount of one thousandth (0.001) of the car price as stopping fee by The supplier is paid to the consumer.
D- Motorcycle: For each day of stopping the excess in the amount mentioned in Article (17) of this regulation in the amount of one thousandth (0.001) of the price of the motorcycle as a stopping fee will be paid by the supplier to the consumer.
Note 1- In case the parties do not agree on the number of damages for stopping the car, it will be done with the opinion of the official expert of the judiciary.
Note 2- The supplier is obliged to pay the damages for stopping the car in less than fifteen days, directly or through its after-sales service intermediary, after obtaining positive documents regarding the car ownership.
Note 3- If the top of the heavy vehicle lasts for more than one month, with the written consent of the consumer for each day of stopping the car above one month, the supplier is required to pay two tens of thousands (0.0002) of the car price in addition to the previous amount. Be.
Article 19- The supplier is obliged to launch and implement the mechanism of payment of damages to the consumer, directly or through the sales intermediary and after-sales services, including the items mentioned in the law and this regulation. The operation of this system should be such that it informs the consumer about the amount and how to receive the costs and damages of his car.
Article 20- The supplier is obliged to accept all vehicles that are not able to travel due to the defect of safety parts, directly or through the network of their authorized representative under any circumstances.
Note: During the warranty period, the supplier is obliged to bear the costs of loading and transporting the remaining and unrepairable vehicles to the nearest authorized dealership, except in case of accidents that are not caused by defects in other parts and assemblies of the vehicle.
Article 21- During the commitment period, the supplier is obliged to accept all vehicles under his responsibility, as well as other similar imported vehicles by natural and legal persons without official representation, through after-sales service intermediaries or authorized dealers, following the Ministry’s notification instructions. Take action.
Article 22- The supplier is obliged to determine the rate of repair services, spare parts, and consumables according to paragraph (i) of Article (2) of this regulation, as well as to compile the repair timetable, following the car manufacturer’s standard. Approval by the inspection company within one month from the announcement of the supplier company, notify it through after-sales service and authorized agencies. According to these rules, the agency or intermediary after-sales service submits the consumer bill to them.
Note: The supplier is obliged to provide the possibility of comparing the issued invoice with the service rate through its information base.
Article 23- The supplier is obliged to oblige the authorized agencies to, while submitting the invoice to the consumer, to provide the services provided for two months or three thousand kilometers, each of them earlier, and to deliver the parts for six months or ten thousand. Guarantee kilometers, whichever comes first.
Article 24- If the authorized dealer determines that the vehicle has another defect in addition to the defects mentioned in the acceptance sheet, before repairing or replacing the part, he should contact the consumer and ask him to make repairs. If the consumer does not agree, the delivery of the car should be documented in writing.
Note: The authorized agency is obliged to deliver the hot parts to the consumer and receive a receipt during the commitment period.
Article 25- If, at the discretion of the authorities mentioned in Article (3) of the law, due to the lack of quality repairs, negligence or use of non-standard parts by the supplier, after-sales service intermediary, and authorized dealer, the consumer is liable, the supplier is obliged Replacing parts is to eliminate service defects without receiving money and compensation for damages.
Article 26- The number of authorized agencies and mobile service units will be determined based on the instructions issued by the Ministry.
Article 27- The supplier is obliged in the network of authorized sales agencies and after-sales services only from the capacity of units with acceptable quality level, following the criteria of the national standard, the method of providing after-sales service (Standard No. 19117), and the terms and conditions instructions, criteria And use sales service evaluation. Article 28- The supplier is obliged to establish a computer network for intermediaries and authorized sales and after-sales service agencies, including calculating the period of stopping the car, a list of parts and consumables, and repair fees for each car, as well as the bill of each consumer.
Note: The supplier company is obliged to provide the inspection company with access to the information of this network.
Article 29- The supplier is responsible for handling consumer complaints and obtaining their satisfaction in the first stage. In the event of a dispute between the supplier and the consumer, it will be investigated directly through the provincial industry, mining, and trade organizations and under the supervision of the Consumers and Producers Protection Organization. If the consumer is not satisfied, he can refer to the Dispute Resolution Board subject to Note (2) of Article (3) of the Law. The Dispute Resolution Board is obliged to consider the issue and announce its decision in writing within twenty days from the date of registration of the complaints. Voting is the opinion of the majority of the board members. This vote must be implemented within ten days from the date of notification.
Note 1- The Secretariat of the Dispute Resolution Board is the subject of this article and the place of its meetings is at the location of the Provincial Industry, Mining, and Trade Organization.
Note 2- The Provinces Industry, Mining, and Trade Organization are obliged to form the relevant dispute resolution committees within the organization within one month from the date of approval of this regulation, using the existing organizational positions, and to provide the necessary facilities, manpower, and location. They put.
Note 3- The registration of the objection and its consideration in the Dispute Resolution Board is free, but the fee of the official expert who is present and comments in the Board must be paid by the plaintiff within five days from the date of announcement of the Board, otherwise, the case board Announces the protest by stating the reason.
Note 4- All institutions and organizations to which consumers prefer to file a complaint are obliged to send consumer complaints to the Ministry.
Note 5- The Consumers and Producers Protection Organization is obliged to announce the instructions on how to handle the complaints of car consumers to the provincial industry, mining and trade organizations within one month after the notification of this bylaw.
Article 30- The supplier is obliged to establish a mechanism of continuous supervision over the authorized agencies based on the duties defined in the law and the bylaws and the relevant executive instructions.
Note: Periodic monitoring and evaluation of the car supplier, sales intermediary, after-sales service intermediaries, and their authorized agencies and submission of evaluation reports to the Ministry and the supplier is the responsibility of the selected inspection company of the Ministry.
Note 2: The supplier is obliged to provide the name and address of all its activities and suspended authorized dealers along with other specifications as well as the specifications of customers referring to the after-sales service network, including customer name, contact number, vehicle type, date of acceptance and name. Introduce the referred agency to the inspection company as online access to evaluate its performance.
Article 31- The Ministry is responsible for supervising the proper implementation of this by-law.
Article 32- Decision No. 43678/44133 dated 02/29/2010 will be canceled.
Ishaq Jahangiri, the first vice president, notified the Ministry of Industry, Mines and Trade, and the National Standards Organization of Iran to implement the decree.