The Current Amendments At Certificate Of Warranty Regulations in Turkey:
As may be recognized the “Certificate of Warranty Regulation” was published in the Official Gazette No. 29029 on 13/06/2014 in order to regulate the procedures and principles of the Certificate of Warranty and also the products to be sold with the Certificate of Warranty. On 05/11/2020, “Amending Regulation on Certificate of Warranty” was published in the Official Gazette numbered 31295, and amendments were made to the previous regulation. As a consequence, the Warranty Certificate Regulation (“Regulation”) has formed into its current form.
Obligation to Issue Certificate of Warranty:
The obligation to issue a Certificate of Warranty is regulated in article 5 of the Regulation. In accordance with this article, manufacturers and importers are obligated to issue a Certificate of Warranty for the products that they will sell. Manufacturers and importers shall issue Certificates of Warranty in a clear, comprehensible, simple, and legible. Nowadays, it is assumed that the invoice for the product will replace the Warranty Certificate with a wrong thought. However, in accordance with the Regulation, invoices for the products sold shall not replace the Certificate of Warranty.
Although the manufacturers and importers are responsible for issuing the Certificate of Warranty, the seller is responsible for delivering the aforementioned Certificate of Warranty to the consumer. Furthermore, it is the seller’s responsibility to prove that the Certificate of Warranty was given to the consumer.
Manufacturers and importers shall give the Certificate of Warranty to the consumers in writing or through a permanent data provider. However, in case the Certificate of Warranty is given through a permanent data provider; in case the consumer requests the Certificate of Warranty in writing, the manufacturer and importer will be obliged to fulfill this request.
Mandatory Information to Include in the Certificate of Warranty:
Article 7 of the Regulation contains mandatory information to be included in the Certificate of Warranty. According to the aforementioned article, the following information shall be included in the Certificate of Warranty issued to consumers:
- The title, address, telephone, the signature and stamp of the authorized person, and other contact information of the manufacturer or importer,
- The title, address, telephone, the signature and stamp of the authorized person, and other contact information of the seller,
- Invoice date and number
- Type, brand, model of the product and, if any, banderol and serial number,
- Delivery date and place of the product to the consumer,
- Warranty period,
- Maximum time to repair,
- Information that the entire product, including all of its parts, is covered by warranty during the warranty period,
- Information about the right of the option provided to the consumer in Article 11 of the Consumer Protection Law No. 6502,
- Information about usage errors,
- Information about how consumers can make applications to consumer courts and consumer arbitration committees regarding complaints and objections,
- Other rights given to consumers, if any.
According to the Regulation, the warranty period issued to the consumer with the Certificate of Warranty shall be at least two years or the period indicated in the list in the Regulation’s annex. The warranty period will begin on the date the product is delivered to the consumer.
Although it has been determined that the warranty period will be at least two years, the warranty period may alternatively be determined using another unit of measurement. However, in case the warranty period is determined using another unit of measurement, a mechanism for determining this unit of measurement shall be present on the product or the product’s structure shall be suitable for determining this value. Otherwise, the warranty period will be considered to be at least two years.
In the event that the product sold to the consumer fails, the period of repair of the product will be added to the warranty period.
Finally, the regulations stated above regarding the issuing of Certificates of Warranty shall apply to the products listed in the Annex of the Regulation under the title “List of Mandatory Products to be Sold with a Certificate of Warranty pursuant to Consumer Protection Law No. 6502.” Please see this link “https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=19782&MevzuatTur=7&MevzuatTertip=5” for the full text of the Regulation and the aforementioned list.
Buse Mercan, Attorney At Law