Repair Obligation

Repair Obligation refers to the responsibility of the seller or manufacturer in foreign trade contracts (especially for equipment, machinery, electronic products, etc.) to provide free repair or replacement of parts for non-human-caused failures of the goods during the warranty period or under specific conditions. It is commonly used in complete equipment exports, long-term supply agreements, and after-sales clauses. Notes: 1) The triggering conditions (e.g., failure under normal use), duration (e.g., 12 months after delivery), response time, and cost bearing (e.g., repair costs, freight, tariffs) of the repair obligation should be clearly specified; 2) It should be distinguished from 'Warranty Obligation', which focuses more on quality assurance and may include multiple remedies such as repair, replacement, and refund, whereas repair obligation specifically refers to the act of repair; 3) It differs from 'Maintenance Obligation', which usually refers to preventive maintenance, while repair obligation addresses failures that have already occurred. Additionally, if the buyer fails to use the product according to the operation manual or makes unauthorized modifications, the seller may be exempted from the repair obligation. It is recommended to detail the repair procedures, spare parts supply, and consequences of breach in the contract to avoid disputes.