A warranty for a product that broke: what the manufacturer owes you and how to claim it

Service page: Class actions and consumer claims lawyer.

“You sent the appliance to a private technician, so the warranty is void.” People say this a lot, and it is usually inaccurate. It describes a situation in which the burden of proof is on the consumer, while the regulations place it on the manufacturer, and require the manufacturer to meet it before carrying out the repair.

Let us start with the basics: Israel has no “right to repair” law. Anyone looking for one will not find it. The arrangement is in the Consumer Protection Regulations (Warranty and After-Sale Service), 5766-2006, which were made under the Consumer Protection Law, 5741-1981. If you are considering filing a consumer claim, this is the text to start from.

What the regulations apply to

Regulation 1 defines “goods” as new electrical, electronic and gas products, including mechanical and electrical mechanisms in furniture, provided that their price to the consumer is higher than NIS 150. The “warranty period” is defined there as a period of one year from the day the goods were delivered to the consumer, subject to regulation 5.

The practical meaning: a washing machine, a refrigerator, a laptop, a television and a microwave are in. A second-hand product, or a product that is not electrical, electronic or gas, is not. This is the first check to make, and before it, the rest of the discussion is pointless.

Repair, replacement or refund: what the regulations say

In the warranty year, against the manufacturer or the importer, the starting point is repair without charge; a new product or a refund if the repair did not restore the product to its condition, at the manufacturer’s choice (regulation 6(c)). Against the seller, you also have the remedies for non-conformity under the Sale Law, 5728-1968: enforcement (repair or replacement) or cancellation of the transaction, on the conditions in the Contracts (Remedies for Breach of Contract) Law, 5731-1970 (sections 2 and 7), provided that you gave notice of the non-conformity immediately after you discovered it (section 14 of the Sale Law).

• To repair, without charge: regulation 2(a): the manufacturer will repair any fault discovered in the goods during the warranty period, without charge. If a replacement of an item or of parts of it is needed, the replacement will be made without charge.
• To give written confirmation: regulation 2(b): after the repair or replacement, the manufacturer will give the consumer written confirmation setting out the nature of the repair or replacement. This is the document that proves, the next time, what has already been dealt with.
• To supply spare parts: regulation 3: until the end of the warranty period. For a product whose price at the time of purchase is more than NIS 300, until the end of one year after the end of the warranty period. Longer periods are set for the goods listed in the First Schedule, next to each item.
• To meet the deadlines: regulation 10(a): a repair no later than the end of one week from the day the manufacturer was called to do so, or the end of ten days from the day the goods were delivered to the service station. If they were delivered at a point of sale: two weeks.
• To coordinate a technician’s visit: regulation 11: the manufacturer will coordinate the date and time of the visit, and the waiting time will not be more than two hours beyond the agreed time.

Replacement: a new product of the same model, or an equivalent. Not a used one. If the model no longer exists, demand an equivalent.

Full refund: the price you paid, back. Not store credit, not a voucher, not a “discount on your next purchase”. Money.

What is covered and what is not

The duty to repair applies to “any fault” discovered in the warranty year (regulation 2(a)). The manufacturer may charge only if it proved, before the repair, that the fault was caused by force majeure that occurred after delivery, by malice or negligence of the consumer, including use contrary to reasonable instructions for use, or by a repair carried out by someone who was not authorized to do so (regulation 8).

A common claim by sellers is that every fault results from “improper use”, and sometimes the consumer is asked to pay for “the inspection”. As noted, in the warranty year the burden of proving this, before the repair, is on the manufacturer (regulation 8). In any case, short documentation (photos, a written description of the problem and when it was discovered) significantly strengthens your position.

Deadlines and conditions in the warranty year

Products repaired at home: how quickly

• Refrigerator and freezer: within one day of the call.
• Cooking hobs, gas and electric: within two days.
• Washing machine, tumble dryer, dishwasher, air conditioner, cooking and baking oven, and a television larger than 20 inches: within 3 days.

These products are repaired in your home, and if a laboratory is needed, the manufacturer takes them there and returns them without charge (regulation 7(a)). The short deadlines apply when the fault prevents the main use of the product (regulation 10(c) and the Second Schedule), and Saturdays and holidays are not counted in them (regulation 10(d)). Example: a refrigerator stopped cooling and the call was made on Monday: the repair must be completed by Tuesday.

If the technician was late more than twice in a row within the repair period, the manufacturer is deemed to have breached its obligations (regulation 11(c)).

The point most arguments turn on: a self-employed technician

This is where the real rule is, and it is much narrower than what consumers are told orally. Regulation 8 lists the situations in which the manufacturer may demand payment for a repair, and this is the wording:

“Notwithstanding the provisions of regulations 2 and 6(c), a manufacturer may demand payment for a repair it carried out on the goods at the consumer’s request, or for transporting or replacing them, as the case may be, if it proved, before carrying out the repair, that the fault in them was caused as a result of one of the following reasons: … (3) a repair carried out on the goods by someone not authorized to do so on behalf of the manufacturer, in circumstances that do not result from a breach of the manufacturer’s obligations under these regulations.”Consumer Protection Regulations (Warranty and After-Sale Service), 5766-2006, regulation 8 (unofficial translation); Hebrew text: Nevo

Three things follow from the wording, and all of them favor the consumer. First, this is a right to charge payment, not a sweeping “voiding of the warranty”. Second, the burden is on the manufacturer: it is the one that must prove a causal link between the outside repair and the fault. Third, it must do so before carrying out the repair, not after the fact and not in a phone call.

And there is a further reservation at the end of the paragraph: it applies only “in circumstances that do not result from a breach of the manufacturer’s obligations under these regulations”. If the manufacturer was late, did not supply a spare part, or did not operate a service station, and you went to a technician because you had no choice, this paragraph does not help the manufacturer.

Spare parts and after-sale service: this is law too

Under the Consumer Protection Regulations (Warranty and After-Sale Service), 5766-2006, the manufacturer or importer must supply spare parts until the end of the warranty period; for a product priced above NIS 300, until one year after the end of the warranty; and for products listed in the Schedule, such as a refrigerator, a washing machine and a television, seven years (regulation 3). “We have no parts in stock” is not an answer: failing to repair in the warranty year or failing to supply parts until the end of the warranty may entitle you to exemplary damages (section 31A(a)(8) of the Consumer Protection Law).

What to do, step by step

Note who you turn to: the repair and spare-parts duties in the regulations are imposed on the manufacturer, and for an imported product, on the importer (regulations 2, 3 and 18). They apply to the shop that sold the product only when the manufacturer cannot be located and the product’s price is more than NIS 400, and then the shop must repair it within three weeks (regulations 19 and 10(b)). However, if the manufacturer has no service station near the shop (within 15 km), the shop serves as a service station and you can hand the product in there, and the manufacturer must repair it within two weeks (regulations 9(b) and 10(a)). In any case, you have the remedies for non-conformity under the Sale Law against the shop.

1. Check that the regulations apply. A new electrical, electronic or gas product above NIS 150, within a year of delivery. If not, the discussion moves to contract and sale law, not to these regulations.
2. Write to them. An email to customer service that cites regulation 2 (the duty to repair without charge) and regulation 10 (the deadline), and asks for written confirmation under regulation 2(b).
3. Demand the proof in advance. If it is claimed that the outside repair caused the fault, ask, in writing, for the reasons and the evidence before the repair, as regulation 8 requires. Without such proof before the repair, the manufacturer may not charge for it (regulation 8).
4. Record the dates. The date of the call, the date of delivery to the service station, the agreed visit time, and the actual arrival time. Regulations 10 and 11 turn a delay into a proven failure.
5. File a complaint with the Consumer Protection and Fair Trade Authority, and at the same time consider a lawsuit. The Small Claims Court also has the power to order the repair or replacement of the item, when the value of the item or of the repair does not exceed the small claims ceiling (section 60(a)(2) of the Courts Law [Consolidated Version], 5744-1984). A breach of the regulations is a breach of the Consumer Protection Law, with everything that follows from it.

Two provisions worth knowing

• Regulation 16: a business that offers a paid long-term repair service after the warranty ends must make a written contract, with a description of the goods and the business’s full details. A “warranty extension” sold orally at the till does not meet this requirement.
• Regulation 21: “The provisions of these regulations may not be contracted out of, except in the consumer’s favor.” A clause in a warranty certificate that narrows these rights is not valid, even if you signed it.

And what is missing: the regulations do not require the manufacturer to give schematics, tools or software codes to independent repair shops, and they do not regulate software locks. Europe has dedicated legislation on this; Israel, as of today, does not.

Frequently asked questions

Does going to a self-employed technician void the warranty?

Not automatically. Regulation 8(3) of the Consumer Protection Regulations (Warranty and After-Sale Service), 5766-2006 allows the manufacturer to demand payment for a repair only if it proved, before carrying out the repair, that the fault was caused as a result of a repair by someone not authorized to do so on its behalf, provided that the circumstances do not result from a breach of the manufacturer’s obligations under the regulations. This is a right to charge payment, not a voiding of the warranty, and the burden is on the manufacturer.

How long does the warranty period last?

Regulation 1 of the regulations defines the “warranty period” as a period of one year from the day the goods were delivered to the consumer, subject to regulation 5. The regulations apply to new electrical, electronic and gas products, including mechanical and electrical mechanisms in furniture, whose price to the consumer is higher than NIS 150.

How quickly must the manufacturer carry out a repair?

Regulation 10(a) provides: no later than the end of one week from the day the manufacturer was called to do so, or the end of ten days from the day the goods were delivered to the service station. If the goods were delivered at a point of sale: two weeks from the day they were delivered. Regulation 11 adds that the waiting time for the technician will not be more than two hours beyond the agreed time. Saturdays and holidays are not counted in these periods (regulation 10(d)), and if the technician was late more than twice in a row within the repair period, the manufacturer is deemed to have breached its obligations (regulation 11(c)).

What about spare parts after the warranty ends?

Regulation 3 requires spare parts to be supplied until the end of the warranty period; and for a product whose price at the time of purchase is more than NIS 300, until the end of one year after the end of the warranty period. Longer periods are set for the goods listed in the First Schedule, next to each item.