Article 1
This regulation pertains to all recall operations for vehicles and their accessories and spare parts, such as tires, batteries, and others.
This regulation pertains to all recall operations for vehicles and their accessories and spare parts, such as tires, batteries, and others.
The following terms are defined as follows wherever they appear in this Regulation:
1. Ministry: Ministry of Commerce.
2. Manufacturer Company: The company that manufactured the product and bears its name.
3. Local Agent: The agent(s) of the manufacturer company in all or some regions of the Kingdom.
4. Vehicle: A motorized mechanism that operates on roads and does not rely on tracks, cables, or similar means for movement, including motorcycles.
5. Product: The vehicle that operates on roads or its accessories or spare parts such as tires, batteries, etc., provided that it is among the types and models used in the Kingdom, whether imported through the local agent or otherwise.
6. Defect: Any design or manufacturing flaw in the product that occurs before or during use or as a result of non-compliance with Saudi standard specifications or other international standard specifications adopted by the Saudi Standards, Metrology and Quality Organization.
7. Recall: A mandatory procedure carried out by the manufacturer company and its local agent in the event of a defect being confirmed in any product, either through the manufacturer company or through a government entity in the Kingdom, the country of origin, or any other country, in accordance with the requirements set forth in this Regulation.
8. User: The owner of the product in the Kingdom.
Procedures to be taken in the event of a product recall:
1. The manufacturing company and its local agent are obliged to notify the Ministry in writing of any product recall within a period not exceeding ten days from the date of the commencement of the recall process and to open a recall file immediately.
2. The recall file may not be closed without permission from the Ministry.
3. The notification must include the specification of the types included in the recall, the number of products that have been imported and sold in the Kingdom of each type, a description of the defective part of the product, the reasons for the defect, and any potential dangers posed by the defect.
4. The manufacturing company and its local agent are obliged to announce the recall in more than one local newspaper and multiple times so that it covers all regions of the Kingdom within a period not exceeding ten days from the date of the commencement of the recall process. This announcement must include the following information:
A) Name of the manufacturing company and its logo.
B) Name of the local agent and its complete address.
C) Name of the product and country of manufacture.
D) Description of the defect.
E) Phone number of the agent (hotline) and fax number at a minimum to enable the user to contact and inquire and request assistance for repairs.
F) Instructions that the user must follow to avoid any risks until the repair is conducted.
5. The local agent is responsible for informing its customers, the users, by phone and registered or electronic mail in the case of vehicle recalls only, and no user has the right to claim ignorance against the local agent unless it is proven that their address was available to the local agent and they were not notified.
6. The manufacturing company and its local agent are obliged to recall and repair or replace the defective part of the product free of charge and regardless of the warranty period.
7. If the user's residence is more than 80 km away from the nearest authorized workshop of the local agent, the local agent is obliged to cover all transportation costs or send technicians to the user's residence.
8. The Ministry is responsible for monitoring the recall process.
9. The local agent is obliged to provide the Ministry with a monthly report on what has been accomplished during the recall process, including the number of products that have been recalled and the defect that was repaired.
10. The manufacturing company bears all costs associated with the recall process, including advertising costs.
The local agent is obligated to receive and address user complaints with utmost attention, and in the event of a recurring defect three times, the manufacturing company shall be notified, and a copy of the report shall be sent to the ministry within a period not exceeding one week from the date of the last complaint submission.
The Ministry shall conduct an investigation with the local agent and the manufacturing company if it receives a number of complaints not less than three regarding a specific defect in a product.
Without prejudice to the penalties stipulated in the Commercial Agencies Law, the defect mentioned in this regulation is considered commercial fraud in accordance with the provisions of Articles Three and Six of the Anti-Fraud Law. If the manufacturer or the local agent fails to recall the product in accordance with the provisions of Articles Three and Four of this regulation, the penalties stipulated in the Anti-Fraud Law and its executive regulation shall apply to the local agent and the local manufacturing company of the product. The Ministry has the right to suspend the issuance of the international conformity certificate from the country of origin for the defective product until proof of compliance with the provisions of this regulation is provided and the commercial fraud and defect are rectified within the specified period, without prejudice to the right of the aggrieved person to claim compensation for the actual damages incurred due to the defect in the product.