Purchaser’s right to repair medical equipment under COVID-19 pandemic

Abstract

The article discusses certain aspects of the buyers rights to repair medical equipment during and after the expiration of the warranty period. Today, increasingly, some manufacturers limit the possibility of independent repairs by unreasonably highly integrating parts, technically unjustified complication of components, creating an artificial scarcity of spare parts in the market, preventing the work of independent service organizations and other controversial marketing strategies. The objectives of the study is to assess the limitations of the buyers rights to repair for the proposal of law enforcement proposals for respecting the balance of interests of the Parties under the Agreement; the elimination of the possibility of distorting civil law principles of conscientiousness and transparency. The tasks are permitted through the formal legal, regulatory, systemic, logical, comparative and theoretical and prognostic methods. According to the results of the work, the conclusions are formulated about the need to adjust the current legislation, including in the scope of manufacturers for the use of software that limits the repair of goods; unreasonably high degree of integration of blocks; failure to submit service documentation, as well as for electronic blocking of diagnostics, maintenance and repair of goods.