PERFORMANCE OF AN OBLIGATION TO REPAIR

The subject of performing an obligation of repair has been examined in this article. The subject of obligation of repair, parties of repair, repair place, period and costs of repair are discussed. The parties of the repair are not just seller and costumer. Especially, everyone who uses and utilizes it (except professional and commercial activities) is in the context of the consumer concept. The seller is responsible with the manufacturer and the importer for defective goods. Accordance with Article 58 of the Law on Costumer Protection, authorized service stations must be installed in respect of the repair place. Repair procedure should be performed by professional personnel at service stations. The maximum repair period is 20 business days in most of the defective goods. The consumer is free to exercise other rights of choice if the responsible persons violates this period. Also, if the repair process takes a long time, the equivalent of the defective goods must be delivered to the costumer so that the costumer hold harmless. Obligation of repair is performed free of charge. The seller or other responsible parties can not ask price from the costumer for any reason for repair procedure. Usage error is a criteria that, for consumers, restrains consumer’s right to repair. It is necessary to clarify that this concept does not assume the identity of a rescuer which enables the seller or related persons to be free from liability in every case. Otherwise, there is an insuperable obstacle about using the rights that the consumer has and this situation causes the consumer to be aggrieved.