Television: 24 months after installation
Other household appliances: 24 months after sale
-1 Household appliances, electrical and electronic products, audio and video and communication devices
Based on the provisions of Article 37 of the Executive Regulations of Article 21 of the Consumer Rights Protection Law, subject to approval No. 173270 dated 2/9/1390 by the Honorable Board of Ministers, the executive regulations of this law in the sales and after-sales services section of household appliances, etc., are hereby notified as follows in order to specify the obligations and duties of manufacturers and importers, sales intermediaries, after-sales service intermediaries and their authorized representatives in order to comply with consumer rights:
Objectives:
a) Determining the minimum quantitative and qualitative conditions for sales and after-sales services provided by suppliers of related goods and services and the responsibilities of their authorized representatives.
b) Obliging manufacturers and importers of the aforementioned items and their authorized representatives to improve product quality and improve responsiveness to consumer needs and expectations and respect their rights.
c) Creating a competitive environment among suppliers of the aforementioned goods and services in meeting consumer needs.
Chapter One - Definitions, Scope of Application, Responsibilities of Suppliers
Article-1 In these regulations, the following terms are used with their respective detailed meanings in different sections:
1-1 Home appliances
refers to any type of durable consumer device, including electrical, electronic, audio, video, communication devices and other items that are classified as home appliances in standard classifications and are used by consumers for long-term use.
2-1 Sales services:
It refers to all services provided, such as providing information about the quantitative and qualitative specifications of household appliances and related services, terms and conditions of sale, issuing sales invoices, providing documents and documentation, papers and equipment accompanying household appliances or services and accessories in full and within the framework of current laws and regulations that facilitate the supply of various household appliances and services to consumers.
3-1 Sales intermediary:
It refers to any natural or legal person holding a valid trade license from the union or relevant organizations that operates in the supply of various household appliances or related services and is responsible for the sale and supply of household appliances or related services and provides their services as part of the manufacturer and importer or independently.
4-1 After-sales services:
It refers to all services; such as guarantees, commitments (service support, repairs and supply of standard parts) that ensure the optimal functioning of household appliances by the manufacturer and importer.
Authorized agent:
A natural or legal person holding a valid trade license from a relevant union or organization who is the official and direct representative of the manufacturer and importer of home appliances, sales agent, or after-sales service agent responsible for providing sales or after-sales services.
-6-1 After-sales service agent:
Refers to any natural or legal person holding a valid license from the relevant union who has been designated and introduced by the manufacturer and importer of home appliances to provide after-sales services, including warranty and support period, repair and supply of parts, directly or by entering into a contract with authorized agents throughout the country during the warranty and service commitment period.
7-1 Warranty:
Applies to a set of obligations such as the supply of parts, standard and timely technical and repair services that are provided and provided free of charge to the consumer by the manufacturer and importer (in accordance with the provisions of these regulations and relevant instructions) for a specific period of time or operating hours.
8-1 Warranty:
A document that the manufacturer and importer delivers to the consumer directly or through a sales intermediary along with the home appliances and includes the obligations of the services required by the consumer during the warranty period (free services) and the commitment period, as well as the exceptions to the manufacturer and importer's disclaimers in accordance with the provisions of these regulations.
Note: The warranty can be designed and provided in the form of printed sheets, hardware and software equipment, smart cards, or other forms, in accordance with the specifications mentioned in these regulations.
9-1 Commitment period:
A set of service obligations such as repairs, supply of spare parts, and support for home appliances for a specific period of time or operating hours, which is generally more than the warranty period. For example, 10 years) and is provided by the manufacturer and importer by charging the corresponding fees.
10-1 Product price:
The product price refers to the amount stated in the sales documents such as invoices and various types of commercial invoices common in the country.
11-1 Permitted profit:
The percentage or legal rial amounts determined by the competent authorities; in particular, the Ministry of Industry, Mines and Trade, which are notified to importers and manufacturers, wholesalers, distribution companies and retailers, respectively, from the moment the household appliances enter the country or at the doors of the country's manufacturing factories, in accordance with the regulations of the Ministry of Industry, Mines and Trade.
12-1 Mobile services:
Relief and repair services that are provided at the location of the household appliances and in order to ensure the well-being of the consumer outside the authorized repair shop and preferably at the consumer's location.
13-1 Optimal use of the product:
Refers to the appropriate use of each product in accordance with the specifications announced by the manufacturer and importer, which are in the consumer manual and in accordance with the instructions and standards notified to determine the relevant responsibilities.
14-1 Consumer Manual:
A booklet or any hardware and software package or smart card and system that contains items such as how to properly use household appliances, a list of specifications, accessories and accompanying equipment, a list of available or installable authorized additional equipment and devices, periodic inspections, a list of authorized representatives and repair shops of the sales network and after-sales service, which is provided to the consumer at the time of delivery.
15-1 Standard repair time:
It refers to the time required; according to factory, national or industry standards under normal conditions to repair and operate defective consumer devices.
16-1 Supply of a similar replacement device:
The purpose of supplying a similar replacement device is; The transfer of a consumer appliance is a device that, in the event of failure to repair it in a timely manner within the defined repair standard time or due to failure to provide the required parts on time by the supplier (for any reason), must be foreseen and made available to the consumer by the manufacturer and importer in order to prevent disruption to the consumer's comfort and in order to satisfy him.
17-1 Expert price:
The price determined by the competent authorities such as an official judicial expert or the rate stated in the purchase invoice, as well as the daily rate of the defective product, which is considered in the event of the manufacturer and importer or after-sales service intermediaries being unable to repair the product or replace it.
18-1 Safety parts of household appliances:
These are parts and components of household appliances whose defects may cause physical or life-threatening injuries to persons and are subject to these regulations in accordance with the list of parts subject to the mandatory and national standard for the production and import of various household appliances.
19-1 Notified standards and regulations:
Including government approvals, the Ministry of Industry, Mines and Trade, the Ministry of Culture and Islamic Guidance, standards approved by the Iranian Standards and Industrial Research Organization, the Environmental Protection Organization, and other guidelines and regulations that are not contrary to the provisions of the executive regulations and the express text of the Consumer Rights Protection Law.
20-1 Standard parts/sets:
Parts and sets used in the manufacture of various types of home appliances that are subject to one of the factory, national or combined standards.
21-1 Standard technical services:
Services that are formulated in accordance with international, national and factory standards and other specialized repair guidelines and standards.
22-1 Returned goods:
Types of home appliances that have been returned by the consumer or by the manufacturer and importer for one of the reasons stated in the provisions of these regulations.
23-1 Inspection company:
A legal entity that is authorized by the relevant support association from among the inspection companies to monitor the service performance of the manufacturer and importer, sales intermediaries, after-sales service intermediaries, authorized agencies and evaluate the quantitative and qualitative status of after-sales services of companies providing after-sales services. Selected.
Article -2 Scope of Application:
The scope of application of these regulations includes importers and manufacturers, sales intermediaries, after-sales service intermediaries and authorized representatives of the types of household appliances mentioned in paragraph 1-1, which are produced within the country according to the definition provided or supplied through free zones in the mainland or imported into the country within the framework of current regulations.
Note: All importers and manufacturers of the aforementioned types of household appliances are required to comply with the provisions of other executive regulations related to this law, submit the necessary permits, and comply with environmental, safety, and quality standards, as well as the criteria of the Iranian Standards and Industrial Research Organization, and to comply with all duties and responsibilities mentioned in this regulation.
Article -3 The responsibilities for implementing the provisions of these regulations are the responsibility of importers and manufacturers of all types of household appliances, and the internal agreement between them and sales intermediaries and after-sales service intermediaries will not negate the obligations and responsibilities of importers and manufacturers.
Article -4 The effectiveness of sales and after-sales services provided in order to comply with consumer rights and the way in which natural and legal persons subject to these regulations operate will be periodically evaluated by the National Association for the Protection of Consumer Rights. The said association will perform this task through after-sales service inspection companies that have the required experience and are approved by the Consumer and Producers Protection Organization and the National Standards Organization of Iran (list of approved companies). If these individuals are unable to provide the index factors, they will be prevented from continuing their activities until the necessary conditions for ensuring consumer rights are met.
Note: The costs of the evaluation are the responsibility of the assessee, which will be paid to the evaluating companies through the National Association for the Protection of Consumer Rights.
Article -5 The responsibility for handling consumer complaints and obtaining their satisfaction in the first stage lies with the importer and manufacturer. In the event of a dispute with the consumer, the matters can be pursued through the relevant support association in accordance with the provisions of Chapters Three, Four and Five of the Consumer Rights Protection Law approved on 15/07/2009 and its executive regulations.
Chapter Second- Duties and Responsibilities in Providing Sales Services:
Article 6 Suppliers are required to comply with all approvals, regulations and instructions related to the types of sales networks and pricing of the types of household appliances covered by them.
Note: Approvals, regulations and instructions related to sales services announced by the relevant official governmental, non-governmental and other authorities must not be contrary to the Consumer Rights Protection Law and its implementing regulations.
Article 7 Manufacturers and importers are required to comply with the notified standards regarding the safety, quality and health of the goods and their compliance with the warranty provided to the consumer.
Article 8 The Ministry of Industry, Mines and Trade shall issue or extend an operation license for domestic manufacturers only if it is ensured that an after-sales service network has been established in accordance with the sales network for the goods subject to this regulation and after evaluating it.
Note: It is mandatory to include in the operation license the condition of providing a service network before supplying and selling household appliances.
Article 9 Manufacturers and importers are required to distribute and sell The types of household appliances covered by them shall provide the necessary basis for setting up and developing an after-sales service network commensurate with the scope and extent of the distribution and sales network in the country.
Note: The inspection company shall verify the quantitative and qualitative characteristics of the after-sales service network and its suitability with the scope of production and distribution of the products, as well as based on reports received from industry, mining and trade organizations and defined specialized support associations.
Article -10 Importers and manufacturers are required to issue sales invoices in accordance with the defined criteria when selling their products, in accordance with the Consumer Rights Protection Law.
Article -11 Manufacturers and importers are required to include the technical specifications of the goods, price, names of existing or installable additional equipment and devices, and to provide the necessary technical information to the consumer or buyer when selling their products. Providing any false information or explanations that do not match the characteristics of the household appliances is an example of fraud in business.
Article 12: The supplier must ensure the functional and appearance health of the device sold at the time of delivery, and the buyer has the right to return and replace the device if he notices a defect or an inherent defect in the purchased device within the first 24 hours (excluding holidays) of purchasing the device.
Note: The supplier is obliged to refund the customer's payment according to the invoice in case of non-availability of similar home appliances to replace them.
Article 13: The supplier is obliged to deliver to the buyer, at the time of delivery of the home appliances, the consumer manual in Persian, the warranty papers or warranty booklet, the obligations subject to this law and its implementing regulations, or any necessary documents, along with the home appliances.
Note: The consumer manual and its provisions (content and contents) and the warranty form or card including the description of consumables and consumable parts must be approved by the relevant support association and the Ministry of Industry, Mines and Trade in cooperation with the inspection companies, and the warranty details must be submitted to the aforementioned ministry under the title of "Approved Warranty Card" It should be registered under a number.
Article 14: Sales invoices issued by suppliers must include serial information and “Iran Code” in addition to the items listed in Article 1 of the law.
Chapter Three: Duties and Responsibilities for Providing After-Sales Services During the Warranty and Commitment Period:
Article 15: Compliance with the criteria listed in the Consumer Handbook is mandatory for the consumer. Note: The detection of improper use of household appliances will be the responsibility of authorized official authorities such as official experts from the judiciary, the relevant specialized support association, or an inspection company approved by the Ministry of Industry, Mines and Trade.
Article 16 - During the warranty period, the manufacturer and importer are obliged to accept responsibility for any type of defect or defect (resulting from design, assembly, production) that exists in the home appliances sold or that occurs as a result of normal use of the home appliances, in accordance with the provisions of the warranty and the specifications notified to the consumer, and to eliminate the relevant defects that prevent the desired use of the home appliances or reduce the transaction value of the goods free of charge.
Note: 1. Considering the definition provided and the lifespan of home appliances, the importer and manufacturer are obliged to eliminate technical and functional defects and supply the required parts outside the warranty period and during the commitment period by charging a fee, in a timely and appropriate manner.
Note: 2. Repair or replacement of consumable parts will also be covered by the manufacturer and importer's warranty if they are caused by a defect in the product or part.
Note: 3. In the event of multiple and widespread defects or defects in the types of home appliances supplied, the manufacturer and importer are obliged to take action to notify the recall of that product with appropriate and comprehensive information. Article 17: The obligations of the manufacturer and importer shall be fulfilled directly or through sales intermediaries, after-sales service intermediaries or authorized service agencies.
Article 18: Importers and manufacturers shall provide the necessary facilities to set up the networks required by consumers and the necessary platform to develop sales networks for the various goods and services under their coverage in order to support, inform and provide easy access to the services provided by them.
Article -19 The minimum warranty period for all types of home appliances supplied is 18 months from the date of purchase or installation (whichever is later).
Note: 1 Any change in the warranty period for some products is possible, depending on the circumstances, upon the proposal of the relevant support association and with the approval of the Ministry of Industry, Mines and Trade.
Note: 2 The warranty period for refrigerator, freezer and gas air conditioner compressors is at least 60 months.
Note: 3 If any inherent defects occur during the first 3 months of the warranty period, the consumer is entitled to exchange and replace the home appliance.
Note: 4 The definitions and examples announced by the manufacturer and importer for consumable parts must be approved by the Ministry of Industry, Mines and Trade and the relevant support association.
Article -20 The duration of service support during the commitment period, the supply of all spare parts and the provision of services for all types of home appliances will be at least 10 years after the date of sale or installation of the last home appliance.
Note: 1 Any change in the warranty period for some Goods are possible, subject to conditions, upon the proposal of the relevant support association and with the approval of the Ministry of Industry, Mines and Trade. Note 2: In cases where it is not possible to provide spare parts during the service support period by the manufacturer and importer, facilities must be provided for the consumer to replace household appliances with similar products. Article 21 The features of a valid warranty card are as follows.
A) Mention the complete specifications of the home appliances such as Iran Code, device serial number, country of manufacture, name of the manufacturing company or importer of home appliances, telephone number and address of the relevant company in the warranty card.
B) Mention the date of manufacture of the home appliances and the start of the warranty and obligations in the Hijri calendar.
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C) The terms of the home appliance service commitment, the scope of the service commitment and its possible conditions, the type of conditional or unconditional service commitment, consumer service centers, the address and telephone number of the service centers, the support office and handling their affairs should be mentioned.
D) The address of the portal or email address of the sales and after-sales services should be provided to consumers in the warranty card as appropriate.
F) Enter the registration number of the warranty card in the Ministry of Industry, Mines and Trade on the card.
R) The conditions for replacing defective parts and assemblies, the conditions for repairing defective parts and assemblies, and the conditions for replacing complete home appliances should be mentioned.
Article 22 - The manufacturer and importer must prepare a list of essential and sensitive types of home appliances that, if stopped at the repair shop, will cause disruption to the normal course of life of the consumer and provide The conditions for delivering a replacement device or compensating for the device's downtime during long-term repairs shall be determined.
Note: 1 The time standard required for repairing various types of home appliances and their accessories shall be determined by the relevant support association in cooperation with the inspection company and obtaining the opinions of the production-specialized organizations and announced after approval by the Ministry of Industry, Mines and Trade.
Note: 2 If manufacturers and importers are unable to provide replacement home appliances and cannot repair and deliver the customer's device on time, one month will be added to the warranty period (whether the warranty period or the warranty period for repairs during the commitment period) for each week of delay.
Note: 3 The detection or announcement of the readiness of home appliances through the necessary system such as short message, etc. shall be designed and carried out according to a mechanized system.
Article -23 If the defect or defect of the parts used in the household appliances during the warranty period still exists after 2 repairs of a specific defect, or the household appliances sent to the repair shop remain unusable for more than a period approved by the relevant specialized association due to the extension of the repair time, the manufacturers and importers are obliged to replace the defective product with a new one at the request of the consumer or, with his agreement, pay him the price according to the sales document.
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Note: The supplier does not have the right to reassign or use the returned household appliances as new and standard goods.
Article -24 Manufacturers and importers, after-sales service intermediaries and authorized repair agents are obliged to list in writing all the defects and defects declared by the consumer and the measures taken or the repair and replacement parts in the relevant situation and submit a copy of it to the consumer.
Article -25 In order to prevent the emergence of unrealistic claims about the services provided and the time of referral for repairs or the exact date of acceptance of various household appliances at the dealership and the need for dispute resolution authorities to rely on such information; manufacturers and importers are required to set up and use information technology-based systems and relevant databases.
Note: The manufacturer and importer are required to take the necessary measures to establish secure access to the information technology system subject to this article for the relevant governmental and non-governmental authorities specified in these regulations to prove the claims of the parties.
Article -26 Manufacturers and importers must design and implement a defined system for monitoring the required parts and ordering and supplying and equipping the parts warehouse, training technical personnel before distributing and introducing each type of product, as well as an effective mechanism for measuring, monitoring and improving the various parts of their after-sales service unit.
Article -27 If the manufacturer and importer's obligations are impossible to fulfill due to unforeseen and unforeseeable events and the provision of obligations is suspended, the suspension period will be added to the warranty period.
Note: Manufacturers or importers are required to compensate for all damages and losses resulting from the improper use of household appliances and related services during the suspension period.
Article -28 Manufacturers or importers are required to provide complete information through the manual, warranty card, etc. for those types of household appliances that require installation, commissioning, and necessary training at the beginning of use of the device from a technical and practical perspective.
Note: The installation and travel costs of the technician regarding the installation and commissioning of such devices for the first time are the responsibility of the manufacturer and importer.
Article -29 Manufacturers or importers are obliged to directly bear and pay all incidental costs during the warranty period, such as travel costs, the cost of moving the customer's household appliances to the company or after-sales service intermediary.
Article -30 Any direct or indirect agreement between the supplier, sales intermediary, after-sales service intermediary or consumer that waives all or part of the obligations that the manufacturer and importer are responsible for in accordance with these regulations, the law and the issued warranty, is null and void against the consumer.
Article 31: Considering the possibility of importing household appliances through non-representatives and other natural and legal persons, in case of registration and activity of at least one representative of a trademark and type of goods, only those who have the necessary executive guarantee to establish and operate or enter into a contract with authorized service companies according to the report of the inspection company and the defined conditions, as well as the ability to provide service support for the goods under their coverage, and who have registered their warranty card, have the right to print and provide warranty cards.
Note: 1 All the aforementioned conditions are the same for qualified manufacturers or importers in terms of providing the necessary executive conditions and guarantees, and if any violation is proven, the matter will be pursued through the Government Penal Code Organization and in accordance with the provisions of this law and other current laws.
Note: 2 If persons other than qualified manufacturers and importers attempt to issue warranty cards without a registration number or claim the ability to provide any after-sales services, they will be subject to a penalty equal to the value of the sold household appliances.
Article 32 Importers are required to provide after-sales services for all similar household appliances that they represent with the relevant trademark.
Note: 1. Services during the warranty period (free services) will only be provided to those products of manufacturers or importers that are covered by them and have a warranty card from the same company or institution concerned.
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Note: 2 International and comprehensive warranties in accordance with the commitments made by the foreign company and its domestic representative for similar types of products are excluded from the provisions of Note 1, and the manufacturer and importer are obliged to provide warranty services.
Article -33 Repairs performed during the warranty period are covered by the warranty by the manufacturers and importers of the goods and the relevant after-sales service intermediaries as long as the warranty of the sold home appliances is valid.
Note: 1 The time of acceptance or notification of the defect of the home appliances is the property of the act, and in the event of repeated defects, the first time of notification of that defect is the property of the act.
Note: 2 Repair services performed outside the warranty period and during the service commitment period that are performed for a fee must in any case be guaranteed for 6 months.
Note: 3 Parts replaced outside the warranty period must be guaranteed for 6 months in order to respect the rights of consumers and prevent the use of non-standard parts.
Chapter Four: Other Obligations
Article 34: The manufacturer and importer must develop and implement a guideline for granting and canceling authorized agencies.
Article 35: The manufacturer and importer are required to update the technical information of the service workers of their authorized agencies within the framework of the training guidelines, including job standards, needs assessment methods, and the development of a training program.
Article 36: The manufacturer and importer must prepare technical, repair, and after-sales service guidelines, as well as prepare guidelines for the time and hourly rates for repairs of all products within the framework of the relevant regulations, and notify their authorized agencies.
Article 37: The manufacturer, importer, and their authorized agencies are required to provide the services required by consumers during the warranty period and during the commitment period, within the framework of the provisions of the notified regulations and regulations.
Article 38: The supplier is required to comply with the approved rates announced by the competent authorities, such as unions and supervisory commissions of their geographical location.
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Note: It is necessary to inform the customer about the repair fee before carrying out repairs, and in case of encountering a new problem, inform the consumer of any additional repairs through coordination, and then provide him with an official invoice indicating the type of repair service provided for any services.
Article -39 In the event of damage to the consumer's household appliances during repairs, the after-sales service unit and their authorized dealers are obliged to compensate for the damage.
Article -40 The manufacturer, importer and after-sales service intermediaries must design a control and monitoring system to monitor the performance of their authorized dealers and the quality of services provided to consumers in the network under their coverage.
Article -41 The manufacturer and importer are obliged to design and implement a customer survey system in order to obtain feedback on the quality of products and services provided, as well as to address possible customer complaints.
Article -42 The manufacturer and importer are obliged to establish a consumer complaint handling system in the company and all authorized dealers and submit their periodic performance reports to the designated inspection company.
Article 43: The manufacturer and importer are required to prepare and implement a system of incentives and punishments for agencies.
Article 44: The manufacturer and importer, or through a sales and after-sales service intermediary, are required to provide the inspection company with the names and specifications of the authorized service agencies under their coverage to evaluate their performance.
Note: The inspection company is required to prepare a guideline for the terms and conditions of after-sales services, using regional standards and indicators, and the standards of successful and exemplary companies, and to conduct an assessment of these criteria based on that, after approval by the relevant support association and the Ministry of Industry, Mines and Trade.
Article 45: In each case of failure to fulfill obligations by suppliers, the relevant support association will file a case for investigation in the government penal branches, equivalent to the rial equivalent of the violation committed.
Note 1: In the event that it is not possible to use the entire set of home appliances, due to a defect or deficiency in one set, the value of the violation will be equivalent to the total rial value of the product.
