Car parts problems

A car is made up of various parts that often come from different suppliers. Therefore, a defect in a car can come in all sorts of different forms. As an example of a defect in a specific part, consider Tesla's special car doors.

You may be familiar with the defects that occurred with these doors made by a German manufacturer: the doors leaked oil, got too hot or did not work at all. It turned out that the manufacturer could not deliver the desired quality and was taken to court by Tesla. But what if this car was already sold to a consumer through a car dealer? What can and should a car dealer do, and what are the supplier's obligations in the event that a part of the car is defective?

In principle

The first question is whether the delivered car complies with the contract. If we assume that the car is bought by a consumer, the special legal provisions relating to consumer purchases apply. The buyer of a car may, in principle, expect that the car purchased by him possesses the properties necessary for normal use. However, the mere fact that a car can still be driven does not mean that it is also suitable for normal use. Indeed, this would mean that a defect in the car door of a Tesla would not lead to so-called "non-conformity" of the car and the buyer could not, for example, claim repair or replacement. Whether non-conformity exists as a result of a defective part depends on the information the buyer received when he bought the car and what he was entitled to expect as a result. Of course, a buyer may have different expectations for a new car than for a used car and in addition, for example, the purchase price of the car also plays an important role. If the defect in the part of the car manifested itself within six months after the purchase of the car, it is presumed that the car did not comply with the agreement at the time of purchase. In principle, an owner of a Tesla will be entitled to assume that the doors of his car work properly.

Non-conformity

If it is established that a defective part leads to non-conformity, the car dealer is obliged to repair or replace it. The buyer must then in principle first give the car dealer the opportunity to repair the defect and cannot simply decide to have the car repaired by someone else and then recover the costs from the car dealer. Claiming repair or replacement at the car dealer's expense is obviously not possible if the defect in the part has arisen as a result of wear and tear or other circumstances that should be borne by the buyer.

General terms and conditions

However, if the car dealer did have to arrange for replacement or repair, he will probably want to recover the additional costs he incurred from the supplier of the car or the defective part. Whether recovery of these costs from the supplier, or of course free delivery of a new part, is possible depends on various circumstances. For example, we will need to see what agreements have been made between the supplier and the car dealer and whether general terms and conditions apply to the relationship between the supplier and the car dealer. After all, the supplier's liability may be limited or excluded in the general terms and conditions. In addition, of course, all this depends on the warranty given by the supplier on the part.

Not equal

It is therefore important to make clear agreements about this with the supplier and, as far as possible, to pass these agreements on to the ultimate buyer. What is important here is that the consumer buyer's rights and claims against the seller cannot be limited or excluded. This is because the rules governing the sale of a car to a consumer are not the same as those applicable to a sale to a professional buyer.