The following words and phrases shall have the meanings indicated before them, unless the context requires otherwise:
Law: The Commercial Agencies Law.
Provisions: Provisions for providing maintenance, supplying spare parts, and ensuring quality of manufacture.
Ministry: Ministry of Commerce and Industry.
Minister: Minister of Commerce and Industry.
Policy: A written document in clear and understandable language, outlining the agent's obligations towards the consumer under the provisions of the law, these provisions, and the agency or distribution contract and its annexes.
Agent: A person who contracts with the producer or acts on their behalf in their country to conduct commercial activities, in any form of agency or distribution, including distributors.
Approved Standard Specifications: Mandatory specifications issued by the Saudi Standards, Metrology and Quality Organization, or issued by other local, regional, or international entities approved by the aforementioned organization.
Maintenance: Any procedure aimed at revealing the condition of the asset and ensuring its continued achievement of its purposes and returning it to a specified standard condition, such as inspection, examination, testing, adjustment, change, exchange, repair, programming, reprogramming, and others.
Periodic Maintenance: Maintenance carried out according to the producer's recommendations, periodically based on the nature of the asset's use.
Product Warranty: A written commitment that includes the asset's achievement of its purposes and its freedom from defects, and providing supplementary or additional warranty services during a specified period.
Vehicle: Any means of transport designed to operate on wheels or tracks, powered or towed by mechanical force, excluding trains.
Defect: Any flaw in the asset arising from errors in its design, manufacturing, production, storage, or transfer, resulting in a decrease in its value or utility.
Day: The calendar day.
These provisions apply to the following goods:
A. Vehicles and electrical and electronic devices, except for those excluded by a decision from the Minister due to their nature.
B. Any other goods specified by a decision from the Minister.
The Agent is obligated to adhere to these provisions in the regions of the Kingdom specified in the agency or distribution contract, and in every city or governorate where it has a branch for sales within the Kingdom.
1. The Agent shall provide the Ministry with a copy of the terms or policies for the provision of spare parts, maintenance services, and product warranty agreed upon with the manufacturer, as well as any amendments or updates that may occur.
2. The Agent shall take the necessary procedures to ensure compliance with these terms and shall be responsible to the consumer for the obligations arising therefrom, even if he contracts with others to perform these obligations or some of them.
The Agent shall establish policies for providing spare parts, offering maintenance, providing product warranty, and implementing the conditions typically set by manufacturers, and shall comply with them towards the consumer and the Ministry, detailing therein its obligations, scope, and consumer rights, taking into account the following:
A. Inclusion of these policies in documents (brochures) written in Arabic and in a clear and understandable format for the consumer, placing them prominently in the sales outlets and centers affiliated with the Agent, enabling the consumer to review them, and publishing them on the website, with the Agent providing the consumer with an additional copy in another language.
B. Statement of procedures for handling and resolving complaints.
C. Statement of the mailing address, phone number, fax number, and email address of the Agent.
D. Performing obligations with honesty, fairness, and transparency in accordance with these provisions.
E. Statement of the product's shelf life, and the obligation to provide spare parts, offer maintenance, and ensure quality manufacturing during this period.
F. Agreement of the policies with the manufacturer's policies, without prejudice to the provisions of these regulations.
1. The Agent must continuously provide spare parts that consumers typically request at reasonable prices.
2. If the spare parts are rarely requested, the Agent must provide them at reasonable prices within a period not exceeding (14) fourteen days from the date the consumer requests them, except for parts that are specially manufactured for the consumer or have specific technical specifications; in such cases, the Agent shall agree in writing with the consumer on a reasonable period for providing the spare parts.
3. The determination of the level of consumer demand for spare parts shall be based on one or more of the following:
A. The nature of the spare part and the extent to which it needs to be replaced periodically.
B. Its sales record and the volume of consumer demand for it during the same period of the previous year.
C. Its sales record and the volume of consumer demand for it during the (3) three months preceding the date of the request.
4. The Agent must clearly specify in writing in a separate document the terms and duration of the warranty for the spare part, in accordance with the product policy.
The agent in emergency situations may impose restrictions on the provision of spare parts to ensure the fulfillment of consumer demands, after meeting the following requirements:
A. Submitting a written request to the Ministry outlining the reasons for these restrictions according to the form approved by the Ministry.
B. Obtaining written approval from the Ministry.