Manufacturer’s Repair Obligation Outside Liability for Defects and Commercial Guarantees
A manufacturer may be required to repair a consumer’s goods even when the defect is not covered by liability for defects or a commercial guarantee. The defect may result, for example, from normal wear and tear or damage caused by the consumer. A reasonable fee may be charged for the repair.
What Does the Manufacturer’s Repair Obligation Mean?
The purpose of the repair obligation is to extend the lifespan of goods and promote repair instead of purchasing a new product.
The manufacturer’s repair obligation applies only to certain categories of goods and only to defects whose repairability is required under the ecodesign requirements applicable to those goods.
When the Defect Is Covered by Liability for Defects or a Commercial Guarantee
The manufacturer’s repair obligation applies to situations where the defect is not covered by liability for defects or a commercial guarantee.
If the goods have a defect for which the seller or manufacturer is responsible under liability for defects or a commercial guarantee:
- The seller is liable for defects in the goods under the provisions on liability for defects in the Consumer Protection Act. The manufacturer may also have statutory liability for defects.
- If the manufacturer has provided a commercial guarantee for the goods, the manufacturer is responsible for defects in accordance with the terms of that guarantee.
Read more about the seller’s liability for defects:
When does a product have a defect?
Consequences of a defect
Which Goods Are Covered by the Repair Obligation?
The repair obligation applies to the following product groups:
- washing machines and washer-dryers
- tumble dryers
- dishwashers
- refrigerating appliances
- electronic displays
- welding equipment
- vacuum cleaners
- servers and data storage products
- mobile phones, cordless phones and slate tablets
- battery-powered goods for light means of transport.
Additional categories of goods may be brought within the scope of the repair obligation in the future. An up-to-date list of goods covered by the repair obligation can be found in Annex II to the Directive on common rules promoting the repair of goods.
What Types of Defects Are Covered by the Repair Obligation?
The purpose of the repair obligation is to ensure that consumers can have goods repaired even where the seller or manufacturer is not required to repair them under statutory liability for defects.
The repair obligation may apply, for example, where:
- the consumer has caused the defect themselves
- the goods have become defective as a result of normal wear and tear.
The repair obligation does not cover all defects. The manufacturer is required to repair the goods only to the extent that repairability is required under the ecodesign requirements applicable to those goods.
Whether a specific defect falls within the scope of the repair obligation may depend, for example, on the type of defect and when it occurs.
For example:
- A broken smartphone screen and broken refrigerator handles, hinges or door seals fall within the scope of the repair obligation for as long as the manufacturer is required to make those spare parts available. For refrigerators, this period is seven or ten years, depending on the spare part concerned.
- A defective smartphone accelerometer or a broken refrigerator door does not fall within the scope of the repair obligation because their repairability is not required under the applicable ecodesign requirements.
How Must the Repair Be Arranged?
The repair must be completed within a reasonable time from the moment the manufacturer takes possession of the goods or the consumer makes the goods available to the manufacturer.
The manufacturer may use a subcontractor to fulfil its repair obligation.
The manufacturer may charge a reasonable fee for:
- the repair work;
- temporary replacement goods provided during the repair period.
The manufacturer is not required to arrange the repair in Finland. The repair may also be carried out in another EU Member State.
The manufacturer may require the consumer to deliver the goods for repair at the consumer’s own expense.
The manufacturer may refuse to repair the goods only if repair is impossible.
The manufacturer may not refuse a repair on the following grounds:
- economic reasons, such as the high cost of spare parts;
- the goods have previously been repaired by another repairer;
- the consumer has previously repaired the goods themselves.
Who Is Responsible for the Repair?
The repair obligation primarily applies to the manufacturer of the goods. A manufacturer means a trader who manufactures a product, has it designed or manufactured, and markets it under its own name or trade mark.
If the manufacturer is established outside the European Union, the repair obligation applies in the following order to:
- the authorised representative that has received a written mandate from the manufacturer to carry out certain tasks under the Ecodesign Regulation;
- the importer that has brought the goods into the European Union, if there is no authorised representative;
- another operator in the distribution chain, if there is neither an authorised representative nor an importer.
If the repair obligation rests with an authorised representative, importer or another operator in the distribution chain instead of the manufacturer, references to the manufacturer on this page also apply to that operator.
Read more about the tasks necessary to comply with the obligations laid down in Regulation (EU) 2024/1781 on ecodesign requirements for sustainable products.
Information on Repair Services
The manufacturer must make general information about its repair services easily available to consumers. The information must be provided in a clear and comprehensible manner.
In addition, the manufacturer must publish on its website information on the indicative prices typically charged for the repair of goods.