Is a manufacturer required to repair a product after the warranty period has expired?

Which products and in what situations the obligation applies to

The law does not require manufacturers to repair everything they sell. The obligation applies only to products for which European regulations establish repairability requirements, i.e., easy disassembly, availability of spare parts, and information for repairers. The government proposal lists these products in an annex. It adopts both the scope of the repair and the duration of the obligation from the relevant regulations.

The list includes washing machines and washer-dryers, dishwashers, refrigerating appliances, electronic displays, welding equipment, vacuum cleaners, servers and data storage products, mobile and cordless phones, tablets, and tumble dryers. It also includes products with an integrated battery for light means of transport, such as e-bikes, and local space heaters. The European Commission expands the list through separate regulations, which is how heaters were recently added.

The manufacturer's obligation begins where the rights from defective performance end. The law does not apply as long as the consumer has rights regarding defects against the seller. During this period, the seller addresses the defect under Czech legislation. The manufacturer steps in only after this period expires, or in the case of a defect for which the seller is not liable because, for example, the customer caused it themselves.

The two-year period from receipt during which a consumer can claim a defect is established by Section 2165 of the Czech Civil Code. A typical case for the new law is therefore a washing machine that breaks down in its fourth year of use. Likewise, a phone where the customer broke the screen themselves and cannot claim a warranty. In both situations, the customer has so far only been able to rely on what repair shops offer.

If the consumer has rights against the seller for a specific defect, the seller continues to handle it, not the manufacturer. Thus, the nature of the defect decides, not just the age of the product. The new law does not interfere with the relationship with the seller, and sellers' obligations during a warranty claim remain unchanged. However, it is useful for the merchant to know when the warranty claim ends and when the manufacturer's obligation begins, so they can direct the customer to the right place. This will save the customer service line disputes over who should resolve the defect.

When making a claim, the consumer chooses between repair and delivery of a new item under Section 2169 of the Czech Civil Code. The seller can refuse to remedy the defect only if it is impossible or disproportionately expensive. Furthermore, the European directive expects that if repair is chosen, the seller's liability will be extended by 12 months. This part is transposed by a separate amendment to the Czech Civil Code, Chamber of Deputies Document 53, which the Chamber of Deputies also approved on October 14, 2026. According to the government proposal, liability for a defect remedied by repair will last three years instead of two.

The law only protects consumers. A company that buys washing machines for a hostel or phones for employees cannot invoke the manufacturer's obligation because it does not purchase as a consumer. Thus, nothing changes for B2B suppliers, and their liability continues to be governed by contract and general rules on defects. Conversely, a consumer cannot waive their right to repair in advance, so terms and conditions cannot strip them of it.

Defects caused by the buyer themselves do not establish rights from defective performance under Section 2167 of the Czech Civil Code. Therefore, the seller does not have to address a broken screen or drop damage during a warranty claim. For such defects, the manufacturer's obligation can step in even during the first two years, as the customer has no other option than a paid repair.

Who bears the repair: manufacturer, importer, or distributor

According to the law, a manufacturer is not only the one who physically manufactures the product. It is also a company that has the product designed or manufactured and places it on the market under its own name or trademark. A Czech company that sells appliances under its own brand from an Asian supplier thus bears the manufacturer's obligations itself, even if it has no manufacturing or repair facilities of its own.

If the manufacturer is not established in the European Union, an authorized representative fulfills their obligations. If there is no representative, the obligation transfers to the importer, i.e., the company that places the product on the EU market from a third country. If there is no importer either, the distributor bears it as any other link in the supply chain. A Czech company that only buys and sells goods can thus become an obligated party without even knowing it.

Therefore, the contract with the foreign manufacturer is crucial for importers and distributors. Verify whether the manufacturer has appointed an authorized representative in the EU and whether they fulfill the repair obligation for the Czech market on behalf of the manufacturer, either themselves or through a contractual service center. If not, arrange for the supply of spare parts, access to service documentation and tools, and reimbursement of repair costs that you will bear on behalf of the manufacturer. Without this, you will be repairing at your own expense.

The same question needs to be raised in distribution agreements between Czech companies. Who is responsible for repairs, who holds the parts, and who deals with the Česká obchodní inspekce (Czech Trade Inspection Authority) should be explicitly stated in the contract. How the relationship with the distributor changes when exclusivity breaks down or goods move to a marketplace is described in our article Distributor breached exclusivity or sells via a marketplace.

Independent repairers do not have the manufacturer's obligation, but the law gives them their own rules. A repairer is an entrepreneur who provides repairs as part of their business. They can issue a European repair information form to the consumer and, once the European repair platform is launched, register in it. A manufacturer or importer with their own service center thus fulfills the manufacturer's obligations while also following the rules for repairers.

In practice, it looks like this. A Czech company imports kitchen appliances from an Asian manufacturer under its own brand, so it is the manufacturer itself. Another Czech e-shop buys phones directly from a manufacturer outside the EU that has no representative here, becoming an importer. A merchant who buys the same phones from a domestic wholesaler is a distributor and will bear the obligation only if there is no EU-established manufacturer, their representative, or importer in the chain.

What the law requires of the manufacturer: price, deadline, parts, and information

The manufacturer must repair the product within a reasonable time, and the price of the repair must not be disproportionate. The period begins to run when the consumer hands over the product or allows access to it. The manufacturer does not have to repair it for free. If they lend a replacement product to the customer for the duration of the repair, they must not charge more than a reasonable price for it either.

These rules are based on the government bill, Chamber of Deputies Document 62, which the Chamber of Deputies approved on October 14, 2026. The Chamber of Deputies has not yet published the text with the incorporated amendments. However, two amendments adopted in the third reading only changed the reference to European regulations and the effective date, not the obligations of companies. The Senate has 30 days to consider it from the date of referral.

The manufacturer must not refuse a repair simply because the product was previously repaired by someone else. They can only refuse it if the repair is not possible. They must not sell spare parts and tools at a price that discourages repair. Without a justified and objective reason, they must not hinder repairs through contractual terms, hardware, or software, and the law cites the protection of intellectual property as an example of such a reason.

The manufacturer must not prevent independent repairers from using original, used, or compatible spare parts, or parts printed on a 3D printer, provided they comply with legal regulations. Manufacturers who currently use software to block non-original parts or pair them with the device's serial number must redesign the product or have a justification ready as to why the restriction is legitimate.

The manufacturer must provide information about repairs in advance and publicly. They make information about their repair services available in an easily accessible and comprehensible manner for the entire duration of the repair obligation. In addition, they must state the indicative price of typical repairs on their website. It is therefore not enough to communicate the price only to a customer who gets in touch; the price list must be available in advance.

Supervision is carried out by the Česká obchodní inspekce (Czech Trade Inspection Authority), whose scope of competence is expanded by the law in the annex to the Consumer Protection Act. For failing to repair a product, refusing a repair due to a previous repair by another repairer, or for missing information, it can impose a fine of up to CZK 5,000,000. It can fine the manufacturer, their representative, importer, or distributor.

The law does not define what constitutes a reasonable price and a reasonable repair time. The manufacturer must justify them themselves, based on the cost of parts, labor, and the operation of the service network. The price of a new product also plays a role, as a repair at a price close to a new unit would discourage the customer from repairing. Therefore, the Czech legal team at the Prague-based law firm ARROWS always assesses the price list and deadlines according to the specific market and the client's service network.

Repair form and European platform for repairers

At the customer's request, a repairer may issue a European repair information form. The form is voluntary, but if the repairer issues it, they are bound by it for 30 days, unless they agree on a longer period with the customer. It contains, among other things, the nature of the defect, the type of repair, the price or maximum price, the repair time, and the conditions for lending a replacement product.

The repairer may only charge for the necessary diagnostics for issuing the form. They must inform the customer in advance that diagnostics are necessary and how much they cost. If they fail to do so, it is deemed that they agreed on free diagnostics. If the customer accepts the conditions from the form and the repairer fails to repair the product accordingly, the customer may also demand a refund for the diagnostics, unless the defect turns out to be irreparable.

A properly completed form will save the company the effort of other information obligations. Anyone who issues it in full also fulfills the obligation to inform the consumer about the characteristics of the service, their identity, contact details, price, and payment method under Czech legislation and other regulations. For service centers that currently send their own offers in various formats, it is therefore advantageous to switch to a unified form.

Once the European online repair platform is launched, repairers, sellers of refurbished products, and community repair shops will be able to register for free in its Czech section. The platform is established by the European Commission, which is to create a common interface by July 31, 2027, so it is not yet operational. The contact point for it will be the Ministry of Industry and Trade. For manufacturers with their own service network, registration will be an inexpensive way to reach customers looking for a repair after the warranty period has expired.

Risks of the law on repairs for manufacturers, importers, and distributors

How to prepare for the law on repairs

The first step is to find out in what role you place products on the market. Do you manufacture, sell under your own brand, import from a third country, or just distribute? Review contracts with suppliers and verify whether the foreign manufacturer has an EU representative. The result will determine whether you will bear the obligations and what costs you need to resolve contractually with the supplier.

The second step is a list of products to which the obligation applies, along with the duration of the obligation under the relevant European regulation. For each product line, verify the availability of parts, tools, and service information. Both the duration and scope of the obligation differ between categories depending on the regulation that applies to them, which is why the Czech legal team at the Prague-based law firm ARROWS maps them with the client category by category.

The third step is the repair price list and information for customers. Prepare indicative prices for typical repairs, the price of lending a replacement product, and rules for parts pricing. Publish them on the website and pass them on to the customer service line and service partners. The price list should be based on actual costs so that the company can defend it during an inspection by the Česká obchodní inspekce.

The fourth step is to separate the warranty claim from the paid repair after its expiration. The customer service line must recognize when it is still a matter of rights from defective performance and when it is already the manufacturer's obligation for a fee. How to set up the complaints process on the seller's side is described in our article Complaints procedure from the seller's perspective.

The final step is a review of contracts and technical restrictions. Amend contracts with service partners and parts suppliers and check whether the products or their software restrict repairs without a justified reason. If you truly need the restriction, for example, due to intellectual property protection, prepare its written justification in advance.

If your products contain software, monitor in parallel the new rules on liability for defective products, which will also apply to software. Details can be found in our article Software as a defective product from December 9, 2026. Both regulations meet in the area of updates, which can either enable or, conversely, prevent repair.

Final Summary

The new law on product repairs requires manufacturers to repair selected products even after the end of the two-year warranty period and for defects for which the seller is not liable. It only applies to categories with European repairability requirements, but it also affects importers and distributors if the manufacturer does not have an EU representative. The repair does not have to be free, but its price must not be disproportionate.

For company management, this means a new cost commitment that lasts for years after the product is sold. A company that is unaware of the obligation may only learn about it from an inspection by the Česká obchodní inspekce or from a customer complaint. However, it is better to prepare contracts with suppliers, the price list, and service capacities before the law comes into force.

The Czech legal team at the Prague-based law firm ARROWS helps companies determine their role in the supply chain and prepare for inspections. We will review contracts with manufacturers, importers, and service partners, prepare materials for the price list and website information, and assess technical repair restrictions. For companies without their own service center, we will help arrange cooperation with a repairer.

Write to us at consultation@arws.cz and we will arrange an initial meeting. Please prepare a list of products you sell to consumers and contracts with their suppliers so that we can immediately determine where the obligation lies. An overview of our services for manufacturing and trading companies can be found on the page Trading and manufacturing companies.