Repair Right is a contractual clause in international trade concerning after-sales service, meaning that when goods are defective or do not conform to the agreement, the buyer has the right to require the seller or a designated third party to perform repairs, rather than directly returning or exchanging the goods. This term is commonly found in export contracts for durable goods such as machinery, electronic products, and auto parts. Use scenarios include: repairs during the warranty period, after-sales support for technically complex products, and stipulating the repair location and cost bearing. Points to note: it is necessary to specify the repair response time, repair method (on-site/return to factory), spare parts supply, cost allocation (such as labor and freight), and whether the warranty period is extended after repair. Unlike the 'right to return' and the 'right to exchange,' the repair right is prioritized for defects that are repairable and lower in cost, avoiding the high cost of a full refund or reshipment. Compared with 'warranty clauses,' the repair right more specifically stipulates the remedy method. Foreign trade practitioners should clearly define the scope and limitations of the repair right in the contract to prevent disputes caused by vague wording.
📝 Examples
1. According to Article 12 of the contract, the buyer has the repair right within 18 months after receiving the equipment, and the seller shall send personnel to perform on-site repairs within 7 working days after receiving notice of the fault, with repair costs borne by the seller. (Note: specifying the duration of the repair right, response time, and cost allocation)
2. If the goods suffer non-human damage, the buyer should first exercise the repair right rather than directly requesting a return; if the seller fails to complete the repair within the agreed period, the buyer may repair the goods itself and seek reimbursement of reasonable costs from the seller. (Note: emphasizing that the repair right takes precedence over the right to return, and providing an alternative remedy after the seller's breach)
💡 Foreign Trade Tips
Foreign trade terms are the foundation of international business communication
Trade practices may vary slightly by country; pay attention when using them
When using terms in contracts, specify the applicable version (e.g., Incoterms 2020)
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