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376 Posts
Discussion Starter · #1 ·
There seems to be a lot of confusion/debate about what you can and can't do with regards to servicing - parts/fluids etc - and keeping your warranty in place.

For anyone who hasn't read the exciting full version a copy of the Comission Regulation can be found here - great bedtime reading!

Section 24 states:

Moreover, in order to facilitate this choice and
the sale of spare parts, which have been manufactured
according to the specifications and production and
quality standards provided by the vehicle manufacturer
for the production of components or spare parts, it is
presumed that spare parts constitute original spare parts,
if the spare part producer issues a certificate that the
parts are of the same quality as the components used for
the assembly of a motor vehicle and have been manufactured
according to these specifications and standards.

Other spare parts for which the spare part producer can
issue a certificate at any moment attesting that they
match the quality of the components used for the
assembly of a certain motor vehicle, may be sold as spare
parts of matching quality.
I don't quite understand why we still have Nissan dealers saying use Nissan GTR trans fluid 'or else' your warranty is toast - is it that none of the fluid manufacturers will provide these certificates that claim 'same quality'?

In addition part 24 also seems to suggest that the manufacturer should help out by allowing parts (fluids I suppose) to be effectively identified so you CAN chose between the Nissan original and 3rd Party 'same quality' offerings - does anyone actually know what the 'spec' is of Nissan's holy Transmission fluid?

Furthermore, in order to allow authorised and independent
repairers and end users to identify the manufacturer
of motor vehicle components or of spare parts and to
choose between competing spare parts, the exemption
should not cover agreements by which a manufacturer
of motor vehicles limits the ability of a manufacturer of
components or original spare parts to place its trade
mark or logo on these parts effectively and in a visible

Now the bad news, oficially this EC Reg expires in June 2010!

See here from the Parliament website published last month. Luckily it looks like this will be continued as the European Competition Comissioner has:

“guaranteed” that any new rules will not “make life harder” for independent garages.2 A European Commission Communication issued in July 2009 has now suggested that either “sector specific guidelines” or a new focussed block exemption regulation could be introduced for the part of the motor vehicle market relating to repair and maintenance, to apply from June 2010, in order to protect competition in this area.
Of course its possible I've missed something really fundamental but as ever, any comments much appreciated :thumbsup:

20 Posts
Thanks Bazza, I won't say this is causing sleepless nights but it certainly needs a solution. Do we need clarification of the term "parts" and whether this also applies to fluids?

Causation in English law - Wikipedia, the free encyclopedia

Nissan would have to prove that the fluid caused any malfunction (in a warranty claim), even if it were of a lesser standard than that recommended. If they could not prove that the fluid was responsible for the failure (and no other claimant action was either) then they would be liable to perform the repairs under warranty.

I guess the proof is in the proving. I'm certain they wouldn't have a leg to stand on and will probably go ahead with changing all of my oils anyway.

376 Posts
Discussion Starter · #4 ·
Yup, there's a few technicalities around definitions but after reading it all through a couple of times I can't see why it should be a big problem - it has made me wonder if companies like Willall could produce such a 'certificate' as the EC regs request?

Personally I'm planning to mix a bit of both - go to a HPC for the smaller services to develop some kind of relationship with them and then use Litchfields for the bigger services as they are 200 mile round trip for me and I need to justify a whole tank of fuel! :thumbsup:
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