The final decision on the implementation of the guidelines lies solely with the Competitions Commission.
The first point to note is that the guidelines are exactly that, guidelines as to how the Commission will approach any matter in terms of the Competitions Act. The underlying legal basis for the Guidelines is the Competition Act.
Another important aspect to keep in mind is that other existing laws, acts, and regulations remain relevant and do not change for example the Consumer Protection Act which specifically addresses consumer rights against parts failure and/or faulty workmanship.
The Guidelines are now in force and came into effect on 1 July 2021 with amended Guidelines published in September 2024.
First and foremost, the consumer when purchasing a vehicle, is now armed with the choice of whether they want to include the service plan. Put another way, service plans can no longer be embedded into the metal. This means that other independent providers can also price service plans, or consumers can choose to not purchase a service plan and pay for their services as and when needed, making for a more competitive market.
Secondly, the Competition Commission has given guidance around the appointment of motor-body repairers by insurance companies and manufacturers, with the objective of “lowering barriers to entry and ensuring that a greater number of firms, especially firms owned and operated by historically disadvantaged individuals and small to medium enterprises have the opportunity to undertake service, maintenance and repair work of motor vehicles within the period covered by a motor vehicle’s warranty.” For insurance companies, this revolves around a fair appointment process and a fair allocation of work. Similar principles will be applied to the appointment of dealerships which criteria must be reasonable.
If the consumer is insured, the vehicle must be referred by the consumer’s insurer to a manufacturer approved repairer to ensure that the integrity of the consumer’s warranty is protected while the accident-related repairs are being attended to.
If the consumer is not insured, it is up to the consumer which service provider he/she choses to repair the vehicle, however, we strongly recommend that consumers refer their vehicles to a reputable ISP, who holds adequate commercial insurance to ensure that they are covered should they need to make a warranty claim at a later stage.
Similar to the EU and US, all technical information required to assess, service and repair vehicles must be made available by the manufacturers to the ISPs on reasonable terms and conditions.
No. Warranty repairs must always be referred to the manufacturer’s approved dealer.
As mentioned above the consumer is protected under the provisions of the CPA. If there is a warranty dispute, the consumer should refer the claim to his/her service provider and the service provider, which claim should be covered by the service provider’s insurance. The guidelines in fact, specify that ISPs must disclose to consumers whether they have adequate commercial insurance cover. We strongly recommend that consumers use only those ISPs who can provide proof of adequate commercial insurance.
No. The guidelines maintain that those provisions of the warranty that relate to unaffected parts remain severable and enforceable. In other words, only the section/s of the warranty that relate to the failure/damage may be voided, the remainder of the warranty must be honoured by the manufacturer.
If a manufacturer finds that a warranty related failure is due to inferior quality parts, incorrect service procedures or faulty workmanship they are within their rights to decline the warranty. As stipulated in the Consumer Protection Act 68 of 2008 (“the CPA”), the liability in such an instance will lie with the ISP and/or the parts supplier/importer. If a manufacturer declines a warranty without providing evidence that the warranty related failure is due to inferior quality parts, incorrect service procedures or faulty workmanship then a consumer is entitled to dispute the declining of the warranty and approach the Motor Industry Ombudsman or the Competition Commission.
It is important to note here that while manufacturers are entitled to void a section of a warranty where a customer brings in a vehicle with a fault and it is clear that the fault has been caused by low quality parts or poor workmanship on the part of an ISP, they are not entitled to void your warranty for the simple act of choosing to use and ISP instead of the dealer workshop. The same goes for the fitment of accessories. For example the manufacturer is not entitled to void your warranty if you elect to fit a matching quality non-original tow bar or bulbar. There has to be a causal link between the action of the customer and/or his chosen service provider and the fault. So if your engine blows up after fitting a non-original tow bar, the manufacture is not entitled to void the warranty on your engine on the basis of fitting the tow bar.
ISPs are required to record the service history in the service book or in the electronic service record of the vehicle to allow traceability should there be a warranty issue at a later stage. A caveat to this is that the ISP must also be given access to previous service history.
ISPs are also required by the Guidelines to disclose to consumers, in clear and explicit terms, the risk of damage that could arise from the ISP’s work, including consequential damage to the consumer’s vehicle, which may potentially void certain obligations of the manufacture in terms of the warranty.
To avoid the risk of a manufacture refusing to honour a warranty, we recommend that all services be carried out in accordance with the manufacturer’s specifications:
No, but if a manufacturer finds that a warranty related failure is due to inferior quality parts, they are within their rights to decline the warranty. It is therefore important that ISPs procure parts from reputable suppliers and use only recognised, quality parts when servicing a vehicle.
No. ISPs do not need to be registered with any industry specific organisation to service an in-warranty vehicle.
Car owners are entitled to choose where they service their vehicles without risk of voiding the warranty (which includes extended warranties), this means that they can have their car serviced at either a OEM dealer or an Independent Service Provider (“ISP”). Previously, motor manufacturers would void the warranty if a vehicle was not serviced at the dealership during the warranty period. The Competition Commission has now declared this practice as incompatible with the Competition Act. This includes cars that were sold prior to 1 July 2021 which were sold without an embedded maintenance and/or service plan.
What follows is a collection of frequently asked questions that we get from workshops which we have consolidated for your ease of reference. Please make sure that you also read the above general Q&A and explanation of the Guidelines page.
We are in the process of engaging with the various stakeholders in order to establish further clarity as to how the manufacturers intend on providing things like access to technical information and training. However in the meantime we recommend that you exercise your rights and approach the manufacturers directly and contact us for support should you experience any pushback.
This page has been compiled in partnership with 
The Guidelines do require that scanners used must be an OEM or approved scanner. This will generally be used to reset the service interval and any scanner should suffice.
Yes.
Yes, the Guidelines make provision for training. Should you require training, we recommend that you contact the manufacturer in question and request the same.
The Guidelines makes provision for the OEM’s to make available special tools to workshops.
In terms of the Guidelines the manufacturers are required to provide you with technical information on vehicles, including coding, on request. However, for security related information ISPs must meet the OEMs accreditation requirements.
You should contact the manufacturer and ask them to provide you with access or the tools/software required to access this information. In terms of the Guidelines the manufacturer is required to give you access to this information, or the tools/software to be able to do so yourself.
We do not have clarity on this aspect yet and will update this page once we receive more information.
While the vehicle is under warranty you will not do any repairs to any component which carries a warranty. This can only be done once the warranty has expired. However things such as windscreen wipers which do no normally fall under the warranty may be replaced or repaired.
You may perform services if there is no service agreement in place. However no warranty repairs should be done as these need to be done by the OEM dealer. Once the vehicle warranty expires ISP’s may carry out repairs at the customer’s expense. If the repairs relate to an insurance claim the choice of the service provider will be subject to the insurances policy, which must confgorm with Section 7 of the Guidelines.
Yes.
You should bring the issue to the attention of the customer. The customer will then need to refer the matter to the manufacture or you can contact the manufacturer at the customers request, who will then make arrangements for the warranty repair to be done. Do not attempt to do any warranty repairs while a vehicle is still under warranty.
Should the AC require servicing as part of the scheduled service requirements, then a qualified AC Service workshop may perform the service. Should the air-conditioner have a warranty related fault, it should be referred back to the manufacturer.
Provided that the parts were fitted correctly and the correct application was adhered to the supplier will be liable and not the workshop. If sub-standard parts or lubricants were used, then the responsibility shall rest with the workshop to compensate the customer. Bear in mind however that the Consumer Protection Act allows the consumer to pursue any party in the supply chain for compensation, this includes the workshop. Therefore it is vital to ensure that you make use of a reputable parts supplier who will stand behind their products and provide compensation when the product is faulty.
We suggest that the customer is informed thereof immediately. Take photos of the issue and make detailed notes thereof. The issue must thereafter be referred to the manufacturer by the customer or by yourself at the request of the customer.
The workshop may go ahead and complete the service and the customer must pay for the service. We strongly encourage you to advise that customer that as a result of missing a service the manufacturer may choose to void their vehicle’s warranty and that you won’t accept any liability in that regard. Make a note of this in the vehicles service book as well.
Yes. The Guidelines cover all motor vehicles designed or adapted for propulsion or haulage on a road by means of fuel, gas or electricity or any other means.
The Guidelines work both ways, they benefit both ISPs and dealers. The OEM dealers can service any vehicle. In fact, some dealers have opened aftermarket workshops to accommodate this.
Bulletins are the responsibility of the OEM. HaynesPro or Autodata, receive all the service bulletins that are released in Europe. These are updated virtually on a daily basis.
Yes you may advertise that you can service multiple brands of vehicles and that you specialize in specific brands if you wish to, however you may not state that you are endorsed by the specific manufacturer without express permission to do so.
No, these are the OEM’s trademarks and cannot be displayed or marketed without express permission.
Yes
Yes, all vehicles sold prior to, or after 1st July 2021 that have not been sold with a service/maintenance plans can be serviced under warranty.
Yes.
There is no official list, however we recommend that only “Non-Original” Parts of traceable origin, manufactured by an Original Component Parts Manufacturer where a warranty is applicable should be fitted at any time. These parts should only be sourced from reputable TEPA component parts suppliers.
Where it is required that “Original” parts need to be sourced, these will be subject to the supply chain of the OEM concerned.