Duties and responsibilities of a mechanic: what are your rights?

If you own a car, you will inevitably run into a mechanic regularly throughout its life. However, consumers are often poorly aware of the rights and obligations of a garage owner and, as a result, are poorly aware of their rights. So what are the responsibilities of your mechanic and what remedies do you have in the event of a problem?

💶 What are the betting mechanic's obligations?

One of the mechanic's rights is free to set prices... For this reason, prices for garage owners can vary significantly from one garage to the next. However, the mechanics are subject to obligation to provide information : he must therefore inform his customers of the prices charged, and this must be visible.

Therefore hourly rates, all taxes included (TTC) and rates for flat rate services should be displayed:

• At the entrance to the garage ;
• Where clients are accepted.

This is an obligation included in the Civil Code since 2016. The client should also be able to see the list of services carried out by a mechanic and which of the sold parts near the garage. This option should be reminded at the entrance to the garage and at the customer check-in counter.

Good to know : This obligation to display prices applies to any technician who maintains, repairs, repairs or tows vehicles. This also applies to technical inspection centers, bodybuilders, tugboats, etc.

Failure to comply with the obligation to provide information is punishable by a fine of up to 3000 euros for an individual and 15000 euros for a legal entity. If the violation could have misled the buyer, it is considered deceptive business practice and this is a misdemeanor that can be punished with a heavy fine and imprisonment.

🔎 Is a repair order required?

Therepair order in some way a form of ordering services to be performed on a garage customer's car. it contract document which is signed by both parties (mechanic and customer) and obliges both of them.

Repair order not necessarily... However, it is advised to request it to avoid further dispute. The mechanic has no right to refuse a repair order if you ask.

The contract connects the garage owner with his client and therefore places responsibility on the garage owner who has to carry out the planned repairs. But it also imposes obligations on the customer, who undertakes to accept the completed repairs, take delivery and work and pay for it on time.

A repair order is intended to protect the customer:

• The mechanic has no right to perform additional work to those specified in the repair order, as this will entail additional costs;
• The car must be returned on time alongside for repairs;
• The mechanic is obliged demanding results.

A repair order is drawn up in two copies and must contain a certain amount of information:

• Thecustomer identity ;
• La car description (model, brand, mileage, etc.);
• La description of agreed services ;
• Le repair costs ;
• Le delivery time vehicle;
• La data ;
• La signature of both parties.

We also recommend that you indicate the condition of the vehicle. The repair order does not meet any form obligations: it can be a pre-established document, but it can also be written on plain paper with a stamp from the garage.

📝 Is the estimate of the garage owner obligatory?

Repair order should not be confused with quotation... This is an estimate, albeit accurate, of the repairs to be carried out and the costs incurred. But like a repair order, the mechanic's estimate is not not necessarily... On the other hand, it is advisable to ask this in advance before incurring significant repair costs. In addition, the estimate makes it possible to compare garages whenever possible.

According to the Consumer Code, the garage owner cannot do not refuse to set a quote... On the other hand, it can be invoiced, in particular if certain parts need to be disassembled to install it. This amount will be deducted from your invoice if you choose to rent your car to the garage.

However, the mechanic must advise you if an estimate has been issued. Otherwise, you have the right to refuse to pay for it. In addition, the estimate has no obligation value prior to signing it. But he has negotiable value as soon as you signed it.

The quotation must include the following information:

• La repair description achieve ;
• Le price and working time necessary ;
• La parts list required;
• Le VAT amount ;
• . response time ;
• La validity assessment.

Once signed by both parties, the estimate is equivalent to the contract and the prices indicated can no longer change, with two exceptions: an increase in the price of spare parts and the need for additional repairs.

However, in the second case, the garage owner must inform you and obtain your consent before proceeding with the repair. Request a new quote for this unscheduled renovation.

Good to know : If an unscheduled repair is made without your consent, you are not required to pay for it.

💰 Does the mechanic have to issue an invoice?

The mechanic must invoice you without fail if the cost of the service greater than or equal to 25 € TTC... It is not necessary to invoice below this price, but you have the right to request it.

Good to know : the conditions under which an invoice is mandatory or optional must be displayed where the buyer makes payment, in accordance with the 1983 decree.

The invoice is drawn up in duplicate, one for you and one for the mechanic. It should contain:

• Le name and address of the garage ;
• Le name and contact details of the client ;
• Le price information for each service, part and product sold or supplied (name, unit price, quantity;
• La data ;
• Le price without taxes and incl..

However, if a detailed estimate has been established and accepted prior to the repair and is consistent with the services provided, a detailed description of the services and spare parts is not required on the invoice. On the other hand, you can indicate the registration number and mileage of the vehicle.

💡 What should be reported to the garage owner?

Among the duties of a mechanic, he has two responsibilities:obligation to provide information иduty to advise... The obligation to provide information is contained in the Civil Code and, in general, in any company engaged in the repair, repair, maintenance or towing of vehicles, in order to clearly display the cost of services and the hourly price, including taxes.

The duty to advise is slightly different. It forces the mechanic inform your clientto justify the renovation and prescribe the best solution. The mechanic should inform his client and keep him informed of any important fact. Failure to do so may result in the cancellation of the contract.

Good to know : The locksmith should also warn you if a certain repair is not very interesting in terms of the value of the car. For example, he should draw your attention to the value of a complete engine replacement on a car that is less than this operation.

⚙️ Is it obligatory to offer used parts?

Since 2017, the consumer code obliges garage owners to offer, in some cases, used parts fromeconomic cycle... The origin of these parts is limited: they come either from decommissioned ELV vehicles or from parts repaired by manufacturers indicating “standard exchange”.

Did you know? “Standard Replacement” parts are fully refurbished and meet the same warranty, manufacturing and quality requirements as new and original parts.

The obligation to offer used parts applies to certain types of parts:

• . chips bodywork removable ;
• . optical parts ;
• . non-glued glazing ;
• . interior trim and upholstery parts ;
• . electronic and mechanical partsbut chassis, controls, braking devices и earthing elements which are assembled and subject to mechanical wear.

Since 2018, it is also mandatory to display at the garage entrance the possibility for customers to opt for used parts, as well as the cases in which they are not required to offer used parts. Indeed, there are situations in which a mechanic may not offer one:

• Too long uptime regarding the immobilization time of the vehicle;
• The locksmith believes that the used parts could pose a risk for safety, public health or the environment;
• The mechanic intervenes for free, as part of assuming liability under contractual warranties or as part of a recall operation.

Did you know? You have the right to refuse repairs with a used part. The Consumer Code stipulates that the garage owner must allow you to select a car part derived from the circular economy, but you can accept it or not.

🚗 Do I have to go to my dealer to keep the manufacturer's warranty?

La manufacturer's warranty works like insurance. It is optional and is offered to you by the manufacturer of your car. It is a contractual guarantee that can be free or paid and allows you to have your vehicle repaired if it breaks down during normal use.

If Wear parts (Tires, brakes...) excludedThe manufacturer's warranty covers mechanical, electrical or electronic damage. It is needed to protect you from any construction defects already present at the time of purchase. The manufacturer's warranty does not cover damage caused by you and is only valid if you follow the normal use of the vehicle.

Prior to 2002, you were required to contact the manufacturer's network to repair or maintain your vehicle without losing the manufacturer's warranty. But European directive changed the situation, wishing to avoid the monopoly of producers in the market.

So since 2002 you can freely choose the garage of your choice to service your vehicle. If the garage meets the manufacturer's standards and uses original manufacturer or equivalent quality auto parts, you don't risk losing the manufacturer's warranty, no matter which garage you choose.

👨‍🔧 What are the obligations of the garage owner for the result?

Thedemanding results is the responsibility of a mechanic. It is defined by the Civil Code and depends on the legislation on contractual liability... In other words, this is due to the fact that there is a contract between the mechanic and his client, according to which the first is subject to the obligation of the result.

From the moment the mechanic begins to perform the work, he has a commitment to the result, which entails his responsibility. In the context of car repairs, this means that the mechanic must return the repaired car to your client, observing a previously concluded agreement.

Thus, failure to produce results is tantamount to a malfunction for which the mechanic is responsible. In case of damage, there is presumption of guilt : the mechanic must prove his good faith or compensate the customer. It is the mechanic's responsibility to undertake the repair at his own expense or to reimburse the customer.

In this case, a new possible breakdown must be prior to the intervention or associated with it for the mechanic to be held accountable. In other words, the customer must show that the failure is due to the mechanic. The latter is obliged to identify the problem, but can in no way be held responsible for the lack of customer service.

🔧 What to do in case of a dispute with the garage owner?

The mechanic has certain responsibilities, but also several rights. If your vehicle is damaged or stolen while it is in the garage, it is considered car dealer and must, in accordance with the Civil Code (Article 1915), take care of it and return it to the state in which it was received. Therefore, in the event of this type of damage, he is responsible and must pay you compensation.

As a custodian, the garage owner must also return the car to you after repair... If the repair takes too long and causes you damage (transportation, rental, etc.), you have the right to claim damages.

Start by sending a certified letter of receipt to notify the mechanic that the vehicle has been returned to you within a specified period. But in order not to get there, it is better to plan in advance and set the exact date for the return of the car from the repair order.

However, keep in mind that your mechanic also has lien... Consequently, he has the right to keep the car for himself until it is paid for. Even if you disagree and have a dispute with the mechanic, you must pay the bill first to pick up the vehicle.

Then, in the event of a dispute or dispute with your mechanic, it is best to start with a reconciliation between the two parties. Then try sending him an email in RAR format so that he is not involved. But if that doesn't work, you have several remedies:

• Call on mediator of justice ;
• Appeal to consumer intermediary competent;
• Call on expert car ;
• Enter the competent court.

In all cases, you will need to draw up a file with supporting documents: invoice, repair order, estimate, etc. We advise you to always keep these documents in a systematic way. Finally, please note that it is better to resolve the dispute through conciliation or mediation, because the examination may incur costs, and the court even more.

And so, now you know everything about the duties and responsibilities of a mechanic, as well as his rights ... and yours. At Vroomly, we intend to rebuild the relationship of trust between mechanics and consumers. This requires, in particular, transparency between each side and good information from both sides. To be sure you find a reliable mechanic, do not hesitate, go through our platform!