Phira

Legal note

LEGAL NOTE

This electronic catalogue and its content replaces all the previous versions issued and distributed in whatever form for any trade and legal purpose.

This catalogue is prepared to enable the owner of a car to easily identify it and the spare part necessary for the repair. Actually, the spare parts for French cars cannot be sold in France. The ALFA ROMEO, AUDI, BMW CHEVROLET, CITROËN, DACIA, FIAT, FORD, HYUDAI, IVECO, KIA, MERCEDES, MINI, NISSAN, OPEL, PEUGEOT, RENAULT, SEAT, SKODA, SUZUKI, TOYOTA, VOLKSWAGEN, marks, used in this catalogue, are of manufacturers ownership of the cars to which they make reference. Their use in this catalogue, as well as the genuine codes included, only attend to help the identification of the car model which the spare part must be set. Our items, being spare parts of matching quality, are perfectly adaptable to the cars to which they make reference.

The equivalent to oe quality spare parts to be fitted on French cars such as CITROËN, PEUGEOT, DACIA, RENAULT and visible during the normal use of the vehicle, produced and/or distributed by PHIRA COMPONENTES AUTOMOCIÓN,S A., cannot be sold and/or resold directly by the customer, by persons in charge and/or customers as well as by third parties, in France and all over the countries where the French regulation on industrial and intellectual property is applicable.

According to the sentence of the EU court of justice dtd.26/092000, the mere transit f such products – legally manufactured in a member state of the European union to be legitimately sold in another EU member state through the french territory and/or through the countries where the french intellectual and industrial property regulation is applicable, doesn’t affect the right of the proprietor of a trade mark, design r model, as this action doesn’t mean an illegal use of the right of protection. In fact the intra-community transit is not a specific subject of the industrial and commercial property right on trademarks, designs or models.

PHIRA PRODUCES EQUIVALENT QUALITY SPARE PARTS COMPLAINING WITH THE DEFINITION CONTAINED UNDER OCOVER OF PARAGRAPH 20 OF THE GUIDELINES TO 461/2010 EU REGULATION AS SHOWN BY OUR CERTIFICATIONS AND THE CERTIFICATIONS ISSUED BY TÜV.

In the past the original spare part (in other words the spare directly produced by the vehicle’s Home Manufacturer and/or by their suppliers following to the standards and the technical specifications supplied them by the vehicle’s Home manufacturer itself, utilized fot the production of the components to be assembled to the vehicles) has always been understood as a higher quality product if compared to the one produced by equivalent manufacturers.

Following to the coming into force of the EC regulation 1400/2002 (known as “Monti’s Law) relating to the enforcement of the clause 81 paragraph 3 pf EC treaty (at present replaced by the clause 101, paragraph 3 of the operation treaty of the EC) of bloc exemption to categories which operate in the automotive filed having vertical agreements and previously agreed introduced the concept of “equivalent quality spare parts”, on other words, spare parts manufactured by any manufacturer anytime able to certify that the quality of the above mentioned parts is fully correspondent to the one of the components utilized to be assembled on a Brand new car.

The, due to the expiry of EC regulation 1400/2002 on 31/05/2010, the European Commission has introduced a new legislative framework for the automotive field, focused on aftermarket matters.

In force starting from 01/06/2010, these new standards are enclosed inside the bloc exemption Regulation(EC) 461/2010 and the relating guidelines (sector-specific, about the vertical restrictions for the sale, the repair of the vehicles and the distribution of the spare parts) and inside the bloc exemption Regulation (EC) 330/ and relating guidelines on vertical agreements.

The above-mentioned standards, applicable up to 31/05/2023, are referred to manufacturing and marketing of the spare parts, maintenance and repair of Passenger cars, light duty vehicles and trucks.

Paragraph 20 of the guidelines to 461/2010 Regulation contains a new definition of “spares of equivalent quality” whereby such parts are spare parts having a quality level high enough to grant not to compromise the reputation of the producers of original parts authorized by the vehicle’s Home Manufacturers..

The liability to prove that a part is no table to satisfy this condition is, always, at vehicle’s Home Manufacturer charge.

Therefore, view definition modifying the previous one specified under cover of the Monti’s Law, and equivalent quality part cannot, by itself, refer to the quality of the part fitted to the origin, even if it Will be possible that this equivalent spare may have a quality better the original one.

PHIRA COMPONENTES AUTOMOCIÓN, S.A. C. Jacinto Verdaguer, 58 P.I. Fontsanta