Servicing in-warranty cars at an independent workshop
What the Competition Commission's guidelines let independent South African workshops do on in-warranty cars, and what they must record and disclose.
By Achekam · · 5 min read · For Automotive businesses in South Africa
For years, many South African car owners believed that servicing a new car anywhere but at the franchised dealer would void the warranty. Independent workshops lost that work for the first years of every vehicle's life, and owners paid dealer rates whether they wanted to or not.
The Competition Commission's guidelines for the automotive aftermarket changed the conversation. They open in-warranty servicing and repair to independent providers, but they also put duties on the independents that take the work. A workshop that wants in-warranty customers needs to understand both sides. This article sets out what the guidelines say, and how to keep the records and disclosures that go with the work.
What the guidelines are, and what they are not
The Competition Commission's Guidelines for Competition in the South African Automotive Aftermarket were prepared under section 79(1) of the Competition Act and are effective from 27 March 2025. The Commission states that they are not binding on the Commission itself, the Competition Tribunal or the Competition Appeal Court.
That status matters. The guidelines set out how the Commission expects the industry to behave and how it will approach competition concerns, but they are not legislation. A workshop should treat them as a strong statement of expected practice, not as a rule book that a court must follow. The Commission's aftermarket guidelines document is worth reading in full before building a marketing pitch around it.
The customer's right to choose
The guidelines say vehicle manufacturers must recognise, and not obstruct, a consumer's choice to have an in-warranty vehicle serviced, maintained and mechanically repaired by any provider, whether an approved dealer or an independent service provider.
There is a condition that independents must explain to customers. Where a consumer chooses an independent provider during the warranty period, the manufacturer has no obligation to pay for that service and maintenance work. A customer whose vehicle came with a service plan or maintenance plan funded by the manufacturer should understand that taking the car to an independent means paying for the independent's work themselves.
What the independent owes the customer
The guidelines put three specific duties on independent service providers doing in-warranty work.
The service book. The independent must record the in-warranty work in the customer's vehicle service book. A missing entry leaves the customer unable to prove the vehicle was serviced, which is exactly the kind of gap a warranty claim can founder on.
The risk disclosure. The independent must disclose clearly to consumers the risk of damage, including consequential damage, that could void certain warranty obligations. The guidelines say that damage caused by an independent provider's work or parts fitment may void certain warranty provisions, while other provisions remain severable and enforceable.
Insurance. The independent must disclose whether it holds adequate commercial insurance for the work. If something goes wrong, the customer needs to know whether there is cover behind the workshop.
The guidelines also note that a consumer harmed by a defective product can claim against any party in the supply chain under section 61 of the Consumer Protection Act. An independent that fits parts is part of that chain.
Saying it in writing, and getting it signed
A disclosure that was spoken at the counter is hard to prove later. Turn the three duties into a one-page in-warranty disclosure that the customer signs before work starts, covering:
- That the customer has chosen your workshop over an approved dealer for this in-warranty work.
- That the manufacturer is not obliged to pay for the work.
- The risk that damage caused by the work or parts fitted could void certain warranty provisions, while others remain in force.
- Whether your workshop holds commercial insurance for the work, and with whom.
- That the work will be recorded in the vehicle's service book.
Have it reviewed by your legal adviser, keep the wording plain, and use the same version for every in-warranty job.
Technical information and training
The guidelines also deal with what independents need to do the job properly. They say manufacturers must give independent service providers technical repair information on terms no less favourable than those offered to approved dealers, and must provide training to independents' staff at a reasonable cost not exceeding that charged to approved dealers' employees. Manufacturers may require a confidentiality undertaking when they share proprietary information.
A workshop taking in-warranty work should know where to obtain the technical information for the makes it services, and keep a record of the training its technicians have completed. If the information or training is refused or priced unreasonably, keep the correspondence.
Keeping the evidence together in Achekam
Achekam does not know whether a vehicle is in warranty and does not manage service books. It can hold the evidence of what was agreed and done.
Any document, such as your in-warranty disclosure, can be sent for electronic signature with signature and initials fields placed on it, an expiry and reminders. The signed PDF and a completion certificate are filed back into Documents.
The invoice for the work can be downloaded as a PDF on the workshop's letterhead and e-mailed from the invoice. List the parts and labour clearly, including part numbers and whether each part is original or non-original.
Document Centre is a folder-based store where a business uploads files or whole folders, previews, downloads, renames, moves, tags, archives and searches them, and a new version keeps the earlier ones. Keep one folder per vehicle, named by registration or VIN, holding the signed disclosure, a photo of the stamped service book page, the job card and the invoice. If a warranty claim is later disputed, the file shows exactly what was disclosed and what was done.
For getting the customer's authorisation before charging, see repair estimates under section 15 of the CPA; for choosing parts on in-warranty vehicles, read original or non-original parts.
In-warranty work is open to independents. Keeping it depends on showing, vehicle by vehicle, that the customer was told the truth and the work was recorded.
General guidance only, not advice on your own circumstances. Tax and payroll rules change: check the current position with the authority or your adviser.
