A Turkish Manufacturer Stops Supplying Spare Parts: Distributor and Customer Claims
Quick summary
| Question | Assessment |
|---|---|
| Focus | A Turkish Manufacturer Stops Supplying Spare Parts: Distributor and Customer Claims |
| Legal starting point | TCO Articles 112 and 117–125; sector-specific after-sales rules where applicable |
| Key record | Spare-part and discontinuation promises |
| First action | Request a continuity proposal and preserve evidence of unmet orders while evaluating lawful substitute sourcing and applicable after-sales obligations. |
The issue and the legal distinction
A foreign distributor may have installed Turkish machinery and then lose access to essential spare parts. Review service periods, discontinuation notice, last-time-buy rights and alternative-component approvals.
Have a general question about this article? Ask anonymously
Regulatory after-sales obligations can depend on product and market and should not be generalised. Identify whether the manufacturer stopped all parts or only a particular model.
What changes the assessment
Preserve installed-base lists, service commitments and part demand with appropriate customer confidentiality. Seek verified alternatives and avoid unsafe substitutions.
A replacement manufacturer may require design permissions or compatibility testing. Continued supply, transfer of technical information and compensation are different possible remedies; entitlement to one does not automatically establish the others.
Legal framework
Provisions to examine: TCO Articles 112 and 117–125; sector-specific after-sales rules where applicable.
Identify whether the business acts as distributor, agent, franchisee, reseller or custodian. These roles can overlap commercially but do not produce identical legal duties. TCO Article 112 can support the contractual breach analysis, while agency, competition and other mandatory rules may require separate treatment.
Read exit obligations alongside the operational promise in dispute. A valid termination does not automatically erase accrued payment or property rights. Equally, an ongoing payment dispute does not establish an unrestricted right to keep another party’s assets or continue representing an affiliation that has ended.
Evidence to preserve
- Spare-part and discontinuation promises.
- Installed base and service obligations.
- Unfilled part orders.
- Safe alternative and compatibility assessment.
Keep the original documents, identify their source and record when they were received. Preserve the version effective when the promise was made. Where a document is held by the opponent, request lawful preservation and consider the appropriate procedural route rather than trying to obtain it through unauthorised access.
A hypothetical example
Suppose a manufacturer promised parts availability for an agreed service period but stops a critical component early. Preserve actual orders and safe alternatives.
If the part is replaced by a fully approved equivalent offered on the agreed basis, the continuity problem may be different. The distributor should not install untested substitutes merely to reduce commercial loss where safety or legal compliance is affected.
This illustration explains the distinction; it is not a reported case or a prediction of an outcome.
Practical next steps
Request a continuity proposal and preserve evidence of unmet orders while evaluating lawful substitute sourcing and applicable after-sales obligations.
Build the first notice around the particular evidence: spare-part and discontinuation promises, the relevant date, the alleged failure and the requested response. Keep proof of delivery. A preservation request, a demand for performance and a final election of remedies can have different consequences; choose them with the contract and deadlines in view.
Remedies and financial loss
Assess necessary substitution, justified service expenses and proven lost margin. Exclude customer obligations the distributor independently expanded beyond the supplier bargain.
Procedure for a client outside Turkey
Nationality alone does not decide governing law or forum. Review the parties, place of performance, contractual choice, any arbitration provision and applicable mandatory rules. Consumer and employment matters can require protected-forum analysis. Turkish proceedings may also require a mediation step or security analysis depending on the dispute; neither should be assumed applicable to every case.
For a Turkish civil case, counsel can consider whether evidence preservation under HMK Articles 400 onward or interim relief under Articles 389 onward is justified. These are different measures with specific conditions, possible security and follow-up duties. A general fear of nonpayment does not establish entitlement to every injunction. Calculate the actual notice and filing calendar before waiting for a voluntary reply.
Primary legislation and official sources
- Turkish Code of Obligations No. 6098
- Code of Civil Procedure No. 6100
- International Private and Procedural Law No. 5718
- Turkish Commercial Code No. 6102
Apply the wording and amendments effective for the relevant transaction and procedural step. A historical enactment text does not by itself establish the current rule.
Frequently asked questions
Must a manufacturer supply all spare parts forever?
No universal rule should be assumed. The contract, product-specific rules and relevant market obligations must be checked.
What is the main legal distinction?
A foreign distributor may have installed Turkish machinery and then lose access to essential spare parts. Review service periods, discontinuation notice, last-time-buy rights and alternative-component approvals.
Which fact can change the legal assessment?
Preserve installed-base lists, service commitments and part demand with appropriate customer confidentiality. Seek verified alternatives and avoid unsafe substitutions.
Which documents should I preserve?
spare-part and discontinuation promises, installed base and service obligations, unfilled part orders, safe alternative and compatibility assessment. Preserve the original versions and the dates on which they were received.
What should I do first?
Request a continuity proposal and preserve evidence of unmet orders while evaluating lawful substitute sourcing and applicable after-sales obligations.
How should the claimed loss be calculated?
Assess necessary substitution, justified service expenses and proven lost margin. Exclude customer obligations the distributor independently expanded beyond the supplier bargain.
Which legal provisions should be examined?
TCO Articles 112 and 117–125; sector-specific after-sales rules where applicable. Governing law, transaction classification and mandatory rules determine their application.
How could this issue arise in practice?
Suppose a manufacturer promised parts availability for an agreed service period but stops a critical component early. Preserve actual orders and safe alternatives. This is a hypothetical illustration, not a reported case.
Does sending a complaint stop every deadline?
No. Contract notice, limitation, appeal and procedural periods can differ. A lawyer should calculate the dates from the actual contract and service records; informal negotiation does not automatically preserve every right.
When should a technical or accounting expert be involved?
Use an appropriately qualified expert where the disputed fact requires specialist analysis. Define the question using installed base and service obligations and unfilled part orders; preserve the original material before corrective work.
Can this matter be assessed while I am abroad?
An initial assessment can start with the contract, chronology and the records listed above. Formal representation, any personal attendance and inspection requirements depend on the case.
What should a settlement specify?
Identify the parties, covered claims, payment, remaining performance and any release. Account for third-party recoveries and do not assume a partial payment settles every related obligation.
Istanbul Office – Polaris Plaza, Maslak / Sarıyer
Bakırcı & Keskin Hukuk Bürosu
Maslak Ahi Evran Caddesi, Polaris Plaza No:21, Kat:9, 34475 Sarıyer/İstanbul
Our physical offices in Istanbul and Mersin coordinate matters throughout Turkey, subject to jurisdiction and the local steps required for each case. Please specify your preferred office when arranging an in-person appointment.
Open the Istanbul office on Google Maps · Contact and appointments
Contact regarding a legal matter
In your first message, you may briefly state the subject, your country or city, and any relevant notification or recent procedural date. Please do not send identity numbers, medical data, or personal documents. Messaging alone does not constitute legal advice or create a lawyer–client relationship.
Discover more from Bakırcı & Keskin Hukuk Bürosu
Subscribe to get the latest posts sent to your email.
