LEGAL NOTICE

LEGAL DISCLOSURE

The current PRASCO catalogue and its content replace all the previous versions issued and distributed in whatever form for any trade and legal purpose.
This catalogue is issued to enable the owner of a car to easily identify it and verify the part necessary for the repair of the vehicle and the restoring of the original look. At present the spare parts for French cars cannot be sold in France.
The ABARTH, ALFA ROMEO, AUDI, BMW, CHEVROLET, CITROEN, DACIA, FIAT, FORD, HYUNDAI, INNOCENTI, IVECO, JEEP, KIA, LANCIA, MAN, MAZDA, MERCEDES, MINI, NISSAN, OPEL, PEUGEOT, PIAGGIO, RENAULT, ROVER, SEAT, SKODA, SUZUKI, TOYOTA, VOLKSWAGEN brands present on this catalogue, are property of the respective car manufacturers.
Their use, as well as the original part numbers one, has the sole aim to make easier the identification of the model of the car where the spare must be fitted for the repair and the restoring of the original look of the vehicle itself.
Our parts, although not genuine, are perfectly adaptable to the cars to which they make reference.
Legal disclosure to PRASCO S.p.A. customers and distributors:
PRASCO products are not original parts but matching quality spares according to paragraph 20 of 461/2010 EU regulation guidelines, as modified by the European Commission on April 2023.
The use of the brands and part numbers of the original producers / home manufacturers has the one and mere purpose to show the model of the vehicle for the correct identification of the spare part and its use for the repair and the restoring of the original look.
The trademarks on our catalogue are property of the respective holders.
PRASCO recommends customers and distributors to introduce the products on their market clearly stating the features and specifications mentioned above, regardless the way and the method of introduction adopted.
Therefore, PRASCO shan’t be held liable for any exception and/or dispute thereon from the customers / distributor’s consequent the non- compliance with the content of this disclosure.

FRENCH MARKET

The matching quality spares to be fitted on French cars such as CITROEN, PEUGEOT, RENAULT and visible during the normal use of the vehicle, produced and/or distributed by PRASCO Spa, cannot be sold and/or resold directly by the customer, by persons in charge and/or customers as well as by third parties, in France and all over the countries where the French regulation on industrial and intellectual property is applicable.
According to the sentence of the EU court of justice dtd. 26/09/2000, the mere transit of such products - legally manufactured in a member state of the European Union to be legitimately sold in another EU member state through the French territory and/or through the countries where the French intellectual and industrial property regulation is applicable, doesn't affect the right of the owner of a trade mark, design or model, as this action doesn't mean an illegal use of the right of protection. In fact, the intra-community transit is not a specific subject of the industrial and commercial property right on trademarks, design or models.

BER

PRASCO PRODUCES MATCHING QUALITY SPARE PARTS ACCORDING TO THE DEFINITION CONTAINED UNDER COVER OF PARAGRAPH 20 OF THE GUIDELINES TO 461/2010 EU REGULATION AS MODIFIED BY THE EUROPEAN COMMISSION RELATED TO 822/2023 REG.
In the past the original spare part (in other words the spare directly produced by the vehicle’s Home Manufacturer and/or by their suppliers following to the standards and the technical specifications supplied them by the vehicle’s Home Manufacturer itself, utilized for the production of the components to be fitted on the vehicles) has always been understood as a higher quality product if compared to the one produced by aftermarket manufacturers.
Following to the coming into force of the UE Regulation 1400/2002 (known as” Monti’s Law”) relating to the application of the clause 81 paragraph 3 of the EU treaty (at present replaced by the clause 101, paragraph 3 of the operational treaty of the European Union) of bloc exemption to categories which operate in the automotive filed having vertical agreements and previously agreed practices. Thanks to the definition of clause 1, paragraph 1, point u, it has been introduced the concept of “equivalent quality spare parts”, on other words, spare parts manufactured by any manufacturer anytime able to certify that the quality of the above mentioned parts is fully correspondent to the one of the components utilized to be fitted on a brand new car.
 
Then, due to the expiry of EU regulation 1400/2002 on 31/05/2010, the European Commission has introduced a new legislative framework for the automotive field, focused on aftermarket matters.
In force starting from 01/06/2010, these new standards are enclosed inside the bloc exemption EU Regulation 461/2010 and the relating guidelines (sector- specific, about the vertical restrictions for the sale, the repair of the vehicles and the distribution of the spare parts) and inside the bloc exemption EU Regulation 330/2010 and relating guidelines on vertical agreements, now replaced by 720/2022 Regulation and relating guidelines.
Under cover of paragraph 20 of the guidelines of EU regulation 1400/2002 is specified the new definition of “matching quality spare” whereby a part must have a quality level high enough to be able not to compromise the reputation of the producers of original parts authorized by the vehicle’s Home Manufacturers.
The EU Regulation 822/2023 has extended the application of these rules up to 31/05/2028. The European Legislator has also introduced some modifications relating to the production and trade of spare parts as activity of repair and maintenance of cars, light duty vehicles and trucks. Among them, the car Home Manufacturer cannot deny to the licensed partners to use parts coming from another producer (review of paragraph 19 of guidelines to the standard of exemption for category 822/2023).
     
The Home manufacturer cannot deny to the licensed partners to utilize parts from other producers manufactured according to the specifications and standards of the first equipment ones. The same for the so called “matching quality spares” that, as explained above, when utilized are able not to compromise the reputation authorized body repairer network (paragraph 20 of the guidelines)
PRASCO confirm that the parts produced and offered are “matching quality spares” according to paragraph 20 of the guidelines.
The liability to prove that a part is not able to satisfy this condition is, always, at vehicle’s Home Manufacturer charge.
Therefore, view this new definition modifying the previous one specified under cover of the Monti’s Law, a matching quality part cannot refer to the quality of the part fitted to the origin, even if it will be possible that this equivalent spare may have a quality better than the original one.
Prasco S.p.A.