Advertising Our advertising promise 5 What our promise means to you 5 We would advise you to 6 For your information 6

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2 Cotets Itroductio 3 Defiitios 4 Advertisig Our advertisig promise 5 What our promise meas to you 5 We would advise you to 6 For your iformatio 6 Your New Car Our promise 7 What our promise meas to you 7 We would advise you to 7 For your iformatio 7 Maufacturers New Car Warraties Our promise 8 What our promise meas to you 8 We would advise you to 9 For your iformatio 9 Replacemet Parts ad Accessories Our promise 10 What our promise meas to you 10 We would advise you to 10 For your iformatio 10 Appedix Guidace Hadlig Complaits 12 Complaits Escalatio Procedure 13 Code Survey 14 How to make a complait 14 Escalatig a complait to the Code Advisory ad Cociliatio Service 15 Escalatig a complait to Arbitratio 16 Discipliary Actio 17 Other Motor Idustry Codes 17 Data 17 Further Iformatio Equiries or Complaits 18 Relevat Web Liks 18 Legislatio Web Liks 18 Legislatio referred to withi the Code 18

3 Itroductio The Motor Idustry Code of Practice for New Cars ( the Code ) cofirms promises made by vehicle maufacturers ( subscribers ) i the provisio of ew cars ad the cover provided by the maufacturer s warraty. This cosumer code sets out stadards that subscribers will comply with regardig: Advertisig New Car Sales Car Maufacturer s Warraties Availability of Replacemet Parts Complaits Hadlig Subscribers are obliged to accept the Code i its etirety ad esure that their staff are aware of their legal resposibilities as well as their resposibilities uder this Code. A cosumer who feels dissatisfied with a subscriber s performace uder ay item covered by this Code is able to submit their grievace to the Cociliatio ad Advisory Service. A detailed procedure explaiig how to do this appears i the Appedix. The priciples set out i this Code are ot iteded to iterpret, qualify or supplemet the law, ad are ot iteded to be applied to o-cosumer sales. A cosumer iformatio leaflet to accompay the Code, the Brief Guide to the Motor Idustry Code of Practice for New Cars ( the Brief Guide ), is available from subscribers or to dowload from This Code has bee developed by the motor idustry to provide a self regulatory regime by which vehicle maufacturers ca demostrate their itetio to operate as resposible busiesses ad have i place a cost-effective ad speedy dispute resolutio service that cosumers ca readily access i the evet of a disagreemet. The Brief Guide cotais iformatio o the Code, the Cosumer Advice Lie, Cociliatio ad Arbitratio, as well as a pre-cotractual iformatio check list ad the Cosumer Survey. It must be remembered that the cosumer also has a part to play, by co-operatig fully with those who make, sell ad maitai cars by familiarisig themselves with their car s owers maual ad esure the car is maitaied i accordace with the maufacturer s recommedatios. The Code also icludes helpful tips ad guidace for each sectio, headed We would advise you to. 3

4 Defiitios Throughout the Code: The term subscriber describes vehicle maufacturers that have agreed to adhere to this Code. The term maufacturer is take to iclude official importer. The term dealer describes oly retailers of ew cars ad/or distributors of ew parts ad/or suppliers of car services who i each case are parties authorised by the relevat maufacturer. The term car is take to iclude light ad medium commercial vehicles ad derivatives. The term cosumer describes the ower/ed user of ay car as described above ad icludes the requiremets of ay vulerable cosumer; for which subscribers will have i place satisfactory provisio for attedig to their eeds. The term ew car warraty is take to iclude the maufacturers warraty ad ay extesio offered free with the vehicle. 4

5 Advertisig Our advertisig will hoestly promote our ew cars What our promise meas to you 1.1 Our advertisemets, promotio or ay other publicatios, whether i writig or otherwise, will ot cotai ay items which are likely to mislead you or be misuderstood. 1.2 Our advertisemets (icludig comparative advertisemets), promotios or ay other publicatios will comply with the requiremets of relevat legislatio alog with the codes, regulatios ad ruligs of the relevat orgaisatios or associatios. 1.3 Ay compariso made withi our advertisemets betwee our models ad those offered by other vehicle maufacturers will ot cofuse or mislead you. Our advertisemets will objectively compare models based upo relevat ad verifiable features, which may iclude the price. 1.4 Where our advertisemets quote the price of oe model i ay model rage but depict aother, the actual price of that other model will also be clearly show. 1.5 I priciple, a price quoted should be the o the road price at which you ca buy the vehicle, i accordace with the SMMT Guide o New Car Price Advertisig (developed i cosultatio with the Office of Fair Tradig). 1.6 The words guaratee or warraty withi ay of our advertisemets will ot be used uless the full terms of that warraty are set out clearly withi the advertisemet or are available at poit of sale. Furthermore, ay referece to a warraty or guaratee will ot be made if they dimiish your cosumer rights, or appear to do so. 1.7 Where a rust/corrosio-proofig process is advertised, iformatio about the process ad its limitatios will be made freely available. 1.8 I the ulikely evet that ay subscriber is covicted of a offece relatig to advertisemets for a ew car, the that subscriber will be deemed to be i breach of this Code. 1.9 Ay subscriber foud breachig ay legislatio, codes, regulatios or ruligs relatig to advertisig, will be deemed to be i breach of this Code. 5

6 We would advise you to Read our advertisemets carefully ad i full. If a advertisemet is ot clear to you, clarify it before you commit yourself to ay trasactio. Check the specificatio ad appearace of the car you are orderig matches your requiremets, as may features are ofte optioal or substitutable extras. Check with your dealer that you have the latest sales brochure. Esure that the car you are cosiderig purchasig is fit for the purpose, or i other words, suits your requiremets. Therefore, statemets whether oral or writte which coflict, or apparetly coflict, with this priciple should be questioed. Iform your dealer of ay special eeds relatig to the car, as they caot advise as to the suitability of a car for ay particular purpose if you do ot explai that purpose For your iformatio Where applicable to the subscriber, we observe the requiremets of all legislatio ad regulatory requiremets, icludig: Sale ad Supply of Goods to Cosumer Regulatios 2002 Busiess Protectio from Misleadig Marketig Regulatios 2008 Cosumer Protectio from Ufair Tradig Regulatios 2008 Advertisig Stadards Authority (icludig the Committee of Advertisig Practice s The British Code of Advertisig, Sales Promotio ad Direct Marketig ad The Broadcast Advertisig Codes ) Ofcom Broadcastig Code (TV/Radio Advertisig) 6

7 Your New Car Oce you have ordered your ew car, it is our resposibility to esure that the car supplied to the retailer is maufactured to a high quality stadard which will meet with your expectatios What our promise meas to you 2.1 Whe you take delivery of your ew car you will be made aware of the after-sales service provisios available. 2.2 You will receive a copy of the maufacturer s hadbook relatig to your ew car, replacemet copies of which will be available for a reasoable period thereafter. 2.3 All of our documets supplied for ew cars purchased i the UK will be writte i plai ad itelligible Eglish. We would advise you to Be aware of who ay deposit is beig paid to ad its security, alog with the cacellatio terms. Esure that ay order form used cotais all charges additioal to the car price i order to fully uderstad the total cost of your purchase. Check that the specificatio matches your order at the hadover ad the dealer has fulfilled its requiremet to supply you with a car of satisfactory quality. Esure that the dealer provides you with a detailed hadover of your ew car which should form part of the delivery of a ew car. For your iformatio Where applicable to the subscriber, we observe the requiremets of all legislatio ad regulatory requiremets, icludig: Ufair Cotract Terms Act 1977 Sale of Goods Act 1979 Supply of Goods ad Services Act 1982 Ufair terms i Cosumer Cotracts Regulatios 1999 Cosumer Protectio (Distace Sellig) Regulatios 2000 Sale ad Supply of Goods to Cosumer Regulatios 2002 Busiess Protectio from Misleadig Marketig Regulatios 2008 Cosumer Protectio from Ufair Tradig Regulatios 2008 Coformity with all legislatio affectig a car s costructio ad use 7

8 Maufacturers New Car Warraties We will supply a maufacturer s ew car warraty with every ew car purchased, which will provide you with cover i the evet that you experiece problems with your ew car resultig from a maufacturig defect What our promise meas to you 3.1 You will cotiue to beefit from the maufacturer s ew car warraty whilst the car is serviced to the maufacturer s recommedatios, eve if this service is carried out by a idepedet service/repair outlet. 3.2 The maufacturer s ew car warraty documet, which will be writte clearly i plai ad itelligible Eglish, will be supplied to you o delivery of your ew car. This documet will also iclude claim procedures ad cotact iformatio. 3.3 The terms of the ew car warraty will be clear ad writte i plai ad itelligible Eglish, icludig items specifically icluded i or excluded from its provisios ad the geographical coverage of the warraty provided. 3.4 Where repair work is required uder the ew car warraty it may be carried out by ay dealer i the maufacturer s etwork aywhere i Europe. A repairer who is ot part of the maufacturer s etwork may ot carry out repair work uder the ew car warraty, which may be ivalidated if this happes. 3.5 The trasfer of the uexpired portio of ay ew car warraty to a subsequet ower is permitted. 3.6 I the evet that your car is off the road for a exteded period for rectificatio of warraty faults, we will cosider the extesio of the ew car warraty period. 3.7 Where a loa car is made available, this will be as reasoable alterative trasport rather tha a exact replacemet of the car that is beig repaired. There is o automatic right to a loa car or cotributio towards hirig charges while a car is udergoig warraty rectificatio work. 8

9 We would advise you to Remember, a maufacturer s ew car warraty is a simple ad straightforward method allowig ay faults of maufacture to be corrected at o cost to the cosumer, without the ecessity of pursuig legal remedies agaist the seller. Uderstad the terms of the ew car warraty, icludig the servicig criteria, specifically the service itervals i terms of mileage ad time periods. If your car has bee serviced by a idepedet service/repair outlet make sure you keep records of work completed icludig detailed ivoices of the work. Esure that the service ad/or repair is completed accordig to the maufacturer s requiremets if you take your car to a idepedet service/repair outlet. I geeral terms warraty repair work will oly be covered at o cost to you as log as it is udertake by a frachised/authorised outlet. Choose a garage that is subscribed to the Motor Idustry Code of Practice for Service ad Repair for ay service ad/or repair work. Fid your earest subscribed garage at For your iformatio The warraty is i additio to ad does ot affect the cosumer s remedies agaist the seller uder legislatio listed i the previous sectio Your New Car. It must iclude a statemet which makes this clear to the cosumer. 9

10 Replacemet Parts ad Accessories To eable routie maiteace ad warraty rectificatio work to be completed effectively we will esure that our spare parts are readily available to our authorised etworks What our promise meas to you 4.1 Where our parts are supplied to our dealers they will be of a satisfactory quality ad fit for the purpose for which parts of that type are ormally used. 4.2 With offers of promotios, ay restrictios which are attached to sales will be clearly stated. 4.3 We will esure that spare parts are available from the time a ew model is lauched, throughout its productio ad for a reasoable period thereafter. We would advise you to Esure the replacemet parts ad accessories fitted to your car meet with the vehicle maufacturer s specificatios ad requiremets. For your iformatio Where applicable to the subscriber, we observe the requiremets of all legislatio ad regulatory requiremets, icludig: Sale of Goods Act 1979 Supply of Goods ad Services Act 1982 Cosumer Protectio (Distace Sellig Regulatios) 2000 Sale ad Supply of Goods to Cosumer Regulatios 2002 Busiess Protectio from Misleadig Marketig Regulatios 2008 Cosumer Protectio from Ufair Tradig Regulatios 2008 Coformity with all legislatio affectig a car s costructio ad use 10

11 I the ulikely evet that you feel we have failed o ay of our promises, we refer you to the Code Advisory ad Cociliatio Service. Their role is to esure that we are actig resposibly ad fulfillig our obligatios uder this Code. The followig sectios of this Code detail how this fuctio operates. 11

12 Appedix Guidace o Hadlig Complaits The iformatio below ad the flowchart opposite set out the Code s complaits escalatio procedure. Iitial Complait A cosumer or itermediary who has a complait about a subscriber should, i the first istace, refer the matter verbally to the subscriber s dealer etwork. I the evet that a complait remais uresolved at both dealer ad maufacturer level, it is the subscriber s obligatio to make clear to the cosumer their right to refer the complait to the Code Advisory ad Cociliatio Service. Cosumer Advice Lie The Cosumer Advice Lie will hadle iitial cotacts ito the Code Advisory ad Cociliatio Service ad will provide cosumers with appropriate advice ad assistace. Cociliatio The Cociliatio Service will ivestigate potetial breaches of the Code ad aim to quickly review ad resolve ay dispute with as little disruptio to the cosumer as possible. Cosumers will be kept iformed of the progress ad outcome of their cociliatio case. However i certai complex cases it is ot always possible to resolve a dispute quickly, as it ca take some time to gather all the iformatio ecessary to reach a decisio ad a satisfactory outcome. The Code Advisory ad Cociliatio Service will advise both subscriber ad cosumer o a remedy as appropriate. Arbitratio If a case remais uresolved or there is a differece of opiio that caot be satisfactorily addressed through cociliatio, the case ca be referred to idepedet arbitratio. Arbitratio is provided by IDRS Ltd, a experieced dispute resolutio service operator ad is idepedet of the Code Advisory ad Cociliatio Service or subscribers. The decisio of the Arbitrator is legally bidig upo both parties ad cocludes the complait. There are oly limited circumstaces where a case already cosidered uder the terms of the Arbitratio Act ca the proceed to court. Arbitratio outcomes will be assessed to determie whether ay Code compliace issues have bee raised ad if ay amedmets to the Code are required to address ay specific issues raised by the case. Details o the cost of arbitratio is available from 12

13 Complaits escalatio procedure Customer Not Satisfied Iitial steps Refer complait to sellig dealer i first istace Customer Satisfied Refer elsewhere Uresolved, escalate to maufacturer customer relatios Customer ot satisfied ad complait remais uresolved No code Code complaits Maufacturer required to iform customer of their right to refer case to Code Advisory ad Cociliatio Service Equiry assessed Cociliatio Subscriber obligatios Code Advisory ad Cociliatio Service Cosumer ot satisfied Arbitratio Arbitratio outcome legally bidig Customer satisfied Alterative actio required This diagram is iteded to act as a visual aid to assist your uderstadig of the complaits escalatio process that will be followed for ay complaits made to/or regardig a subscriber uder the Code. Subscriber s agree to: Take effective ad immediate actio to achieve a just settlemet to a cosumer complait. Have i place a easily idetifiable ad accessible writte complaits procedure. Provide every assistace to their dealers i hadlig ad resolvig complaits Co-operate with local cosumer advisors or itermediaries where ecessary. Give every assistace to the Code Advisory ad Cociliatio Service. 13

14 Code Survey A cosumer survey coverig each sectio of the Code is cotaied withi the Motor Idustry Code for Practice for New Cars Brief Guide ( the brief guide ). The Brief Guide is available from subscribers upo request, or from Motor Idustry Codes ad cosumer orgaisatios. The Brief Guide Survey is used to moitor subscribers performace uder the Code. The results of the survey will be published i the Motor Idustry Codes Aual Report. How to make a complait A cosumer or itermediary who has a complait about the quality of the vehicle or parts supplied should, i the first istace, refer the matter to the sellig dealer. The complait, preferably i writig, should be addressed to a seior executive, director, or the proprietor of the sellig dealer. If the complait relates to ew car warraty ad the dealer is uable to resolve the matter, a cosumer should take the complait directly to the customer relatios departmet of the maufacturer. The claims procedure ad the maufacturer s (subscriber s) cotact details ca be foud i the ew car warraty documet. Ay letters will receive a reply from the subscriber withi 10 workig days of receipt. 14

15 Escalatig a complait to the Code Advisory ad Cociliatio Service If attempts to reach a satisfactory solutio fail, refer the complait to the Code Advisory ad Cociliatio Service. Cosumers should i the first istace call the Code Advisory ad Cociliatio Service Cosumer Advice Lie Where ivited to submit further iformatio, the cosumer should submit a equiry or complait via the Code website Or write to: Motor Idustry Code of Practice for New Cars PO Box Lodo SW1X 7WU All writte equiries referred to the Code Advisory ad Cociliatio Service withi a reasoable time of the cause for complait arisig will be cosidered. A writte respose will be received by the cosumer withi 7 workig days of receipt ad withi reasoable timescales, determied by the ature of the ivestigatio, thereafter. 15

16 Escalatig a complait to Arbitratio If cociliatio does ot resolve the complait to the satisfactio of the cosumer, subscribers will agree to idepedet arbitratio if the cosumer so wishes. The parties will be required to sig a applicatio for arbitratio ad pay the arbitratio fee. The Code Advisory ad Cociliatio Service will submit the case file to the IDRS Ltd ( the Arbitrator ). The case file icludes all documets submitted by the cosumer ad subscriber. The Arbitrator has the power to direct ay party to provide ay additioal documet or iformatio cosidered relevat. As the arbitratio service is desiged to be low cost to allow it to be accessible, ay hearig will ormally rely o documets oly. Noe of the parties to the dispute may be preset or be represeted by aother perso, uless the Arbitrator decides to coduct a oral arbitratio, i which case parties may atted to preset their evidece. Legal represetatio may oly be employed if the Arbitrator so directs. The award of the Arbitrator will be published i writig to all parties ivolved i the dispute ad is eforceable i the Courts by ay party. 16

17 Discipliary Actio The Idepedet Compliace Assessmet Pael (ICAP) is a idepedet pael which moitors the operatio of the Code ad subscriber compliace. ICAP will also meet to review cases of persistet or serious breaches of the Code by subscribers. ICAP is idepedet of the sector ad its authority over subscribers reflects the serious ature with which Motor Idustry Codes views o-compliace. It is the resposibility of Motor Idustry Codes to ackowledge whe a subscriber has breached the Code i a maer that requires further itervetio beyod opeig a cociliatio or arbitratio case. ICAP has the authority to istigate a idepedet ivestigatio, with which the subscriber is required to assist fully. Depedig o the outcome of ay ivestigatio, the Pael ca impose a varied selectio of sactios upo a subscriber, ragig from educatio ad moitorig, through to fiacial pealties ad ultimately expulsio from the Code regime. If a fiacial pealty is imposed o a subscriber, the pealty sum is doated to the motor idustry charity BEN. It must be remembered that discipliary actio i this respect is differet to ay idividual case that may be accepted through the cociliatio service. However a umber of similar cociliatio cases regardig the same subscriber could istigate discipliary actio. The outcome of ay ICAP ivestigatio will be published i the Motor Idustry Codes Aual Review, which we are required to supply to the Office of Fair Tradig for moitorig purposes. Other Motor Idustry Codes If the complait is ot about a ew car warraty or a parts availability issue, the Code Advisory ad Cociliatio Service may still be able to assist if it is covered by aother Motor Idustry Code. For more iformatio o all the motor idustry codes visit Data For the purpose of moitorig ad resolvig complaits, ad moitorig of compliace with the Code as well as assessig cosumer satisfactio, subscribers may pass cosumers persoal data to the Code Admiistrator ad they may aalyse that data ad publish fidigs based o it. Subscribers ad the Code Admiistrator will process persoal data i accordace with the Data Protectio Act

18 Further Iformatio Equiries or complaits Cosumer Advice Lie Motor Idustry Codes website Relevat web liks Advertisig Stadards Authority Citizes Advice Bureau Cosumer Direct Defra Departmet for Busiess Eterprise ad Regulatory Reform Ofcom Office of Fair Tradig Tradig Stadards Legislatio web liks Iformatio o the legislatio referred to i the Code ca be foud o the web sites listed below: Legislatio referred to withi the Code Misrepresetatio Act 1967 Ufair Cotract Terms Act 1977 Sale of Goods Act 1979 Supply of Goods ad Services Act 1982 Ufair Terms i Cosumer Cotracts Regulatios 1999 Cosumer Protectio (Distace Sellig) Regulatios 2000 Sale ad Supply of Goods to Cosumers Regulatios 2002 Busiess Protectio from Misleadig Marketig Regulatios 2008 Cosumer Protectio from Ufair Tradig Regulatios

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