Dealer can't refuse to fix car AC if warranty covers it in UAE

The provider of goods should offer after-sale services, including spare parts.

1-I own a popular car brand that offers 5 years' warranty for 100,000 kilometers. I regularly service my car at a reputed automotive group, but not with the authorised dealer appointed by the manufacturer of this car. Now, the air conditioner (AC) of the car has developed some problem and I had taken it to the dealer to fix the snag within the warranty period. The dealer has informed me that there is no warranty for air conditioning, as I had not serviced my car at the workshop of the dealer. The workshop where I serviced my car is recognised and approved by the government and I did not miss even a single servicing session. Further, the condition of AC has nothing to do with the servicing of the engine of the car.
Answer:
If your warranty specifically states that the warranty for air conditioning service or the car will be valid only if the vehicle is serviced at the workshop of the dealer, then it may draw your attention to this provision of the warranty. If there is no such condition stipulated in the warranty issued to you by the manufacturer of the car, then this dealer may not have any merit in the reasoning it has provided you.
The Federal Law No. 24 of 2006 in respect of Protection of Consumers (the 'Consumer Law') protects and safeguards the interest of consumers in the UAE. Since, you are a consumer and this dealer is not providing you services as mentioned in the warranty, it is violation of your consumer rights. This is in accordance with Article 33 and Article 34 of the Consumer Law of UAE. Article 33 states, "The provider shall guarantee the quality of the goods or services, the availability of the specifications specified or the conditions imposed by the consumer in writing. He shall also guarantee the latent defects which may diminish the value of the goods or service, or render the same unusable for the purposes for which it is produced according to its nature or the terms of the contract entered into by the provider and consumer." Further, Article 34 states, "The provider shall provide the after-sale services, including spare parts, maintenance for durable goods, for a period not less than five years, or according to the nature of the goods."
Based on the aforementioned provisions of law, if the warranty does not have any restrictions, then this dealer should accept the warranty and fix the car's AC. In the event this dealer does not do it within warranty of the car, you may approach the Consumer Rights Department at the Ministry of Economy.

Know the law

The provider of goods should offer after-sale services, including spare parts, maintenance for durable goods, for a period not less than five years, or according to the nature of the goods.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai