EU LAW:

Full manufacturer’s warranty with original BORPower!

Frequently asked questions regarding the application of European competition law in the motor vehicle sector

Some manufacturers state in their manuals that only the manufacturer’s prescribed oil and no additives must be used.

Warranty and guarantee restrictions due to the use of other motor oils and oil additives are not permitted under EU law!

Warranty means that the dealer / manufacturer is liable for the vehicle being handed over without defects. It is not possible or permitted for dealers / manufacturers to exclude or restrict any warranty rights. This is also the case if an oil additive is used that the dealer has not approved of or “banned”.

Warranty exclusions due to the use of particular replacement items by third-party providers (such as an oil additive) are also not permissible.

On 27 August 2012, the EU Commission published the document “Frequently asked questions regarding the application of European competition law in the motor vehicle sector” regarding the rules mentioned above. It is outlined in this document that a restriction that provides that a replacement item (such as lubricating oil) by a particular provider must be used, is usually a violation of EU competition law.

This concept can be interpreted to mean that vice-versa, warranty exclusions due to the use of a particular replacement item (including oil additives) by third-party providers are also not permissible. This applies provided that such an exclusion is not factually justified.