When purchasing a product and its further use, each of us has certain rights prescribed in the Law of the Russian Federation under the name "On Protection of Consumer Rights". It was released in 1992 and became a real salvation for millions of domestic buyers and recipients of services.
It is in it that our consumers' rights are declared in the most detailed way. Warranty repair, the terms of which are often violated by domestic service, is one of the most common problem situations. Consider the competent actions of the buyer of the goods in case of failure of the latter.
What is the warranty period
This is the length of time in which the buyer has the opportunity to identify hidden defects in the product and make a claim to the seller. And also the period during which the manufacturer and seller guarantee the uninterrupted operation of the goods and the stability of its characteristics.
This period is set either by the manufacturer or seller. The beginning of its countdown is from the moment of sale of the goods (i.e., transfer to the buyer). If the warranty period is not set, it is taken equal to two years.
If the goods are seasonal, this period should be counted from the beginning of the arrival of the desired season, determined independently for each climatic zone. You should also be aware that the warranty period can be installed both on the entire product and on its individual parts (components, parts, accessories).
If during the warranty period the product has become unusable (partially or completely) through no fault of the buyer, it is subject to free repair, which is called warranty. The right to it arises only if there are documents for the goods (including a warranty card), there are no signs of self-repair and it will not be proved that the malfunction arose during improper operation or transportation.
Your actions
If you find a malfunction, bring the goods to a service center or similar repair organization indicated on the coupon. In addition to the product itself, it will also require all the documents for it - a data sheet, a warranty card, a manual, a service book, etc. Sometimes it is necessary to write a statement for repairs.
Check if a separate repair contract is required. A sample can be requested from staff. It is better to keep the original documents at home, and provide photocopies to the service center.
Before transferring the goods, describe in detail the defects that are present, and even better, take a picture. Pass documents under signature. This will save you from possible statements in the future that the product already had one or another damage.
Talk about transportation and replacement
Article 18 of the same Law states that bulky goods are delivered by the seller at his own expense. You can take the goods yourself, but at the same time require you to reimburse you for your transportation costs.
The law stipulates that in case of repair of a product of a certain category (for example, a TV), the consumer may demand that it be replaced with a similar one for the period of repair. There is a list of products for which such a replacement does not apply. It is given in Decree of the Government of the Russian Federation No. 55 of 1998.
Warranty Period
This question is one of the most important. As a rule, he worries everyone who has to contact a service center. What are the warranty repair periods established by law? What to refer to the consumer when trying to violate his rights?
The same law states that repairs must be carried out immediately or, if this is not possible, within the shortest possible time — unless the parties agree otherwise.
But in any case, you should know that the maximum possible warranty period is 45 days. Moreover, the lack of necessary parts and spare parts is not a reason for its extension. This fact does not relieve the service center of liability for violation of the legal term.
That is why you should carefully read everything you sign for. If the repair request contains a clause on extension of time in the absence of spare parts, do not sign it.
Remember also that if over 30 days during a year the product is not available for use due to the permanent elimination of defects and defects, then these defects fall into the category of significant. And you can demand either replacing it with a similar one, or returning the amount paid.
Possible problems
The most common of them is violation of the repair deadlines. Once again we repeat - the warranty repair period should not be more than 45 days, otherwise the consumer may demand compensation in the form of a penalty or forfeit. Its size is 1% per day of the price of the goods for the entire delay.
And it is not the seller who pays it, but the service center - in the event that the terms of the warranty repair are violated.
What to refer to the consumer in disputes with representatives of the repair service? This norm is contained in the law on RFP (Article 23), it is there that issues such as consumer rights, warranty repairs, its timing and actions in case of violation are considered.
Also, the owner of the defective item should know something else. Namely, that if the terms of the warranty repair are not respected, he has the right (as article 18 of the Law states) to demand replacement of the goods or return of the money paid. Or demand a reduction in the cost of the latter.
Not just deadlines
Another widely known problem for unlucky customers is the failure of a service center to repair. This refers to the warranty, that is, free repair. For a fee you will be repaired all without problems. The master, as a rule, reports that this case "is not a guarantee" (supposedly the failure occurred as a result of improper operation, transportation, etc.).
If it is not possible to defend one’s own rights in words, one will have to resort to examination, when transferring goods to which it will also be necessary to describe in detail all available defects. During the examination, the buyer can be in person, and this opportunity should not be missed. Otherwise, the results may well “fit” not in your favor.
If the results of the examination did not satisfy you, you have the right to go to court. Remember that if there was a warranty repair, the law extends the terms for the period of the entire repair. This also includes the time spent on the examination.
Thus, if you know your rights and skillfully use them, it is quite possible to return low-quality goods or exchange them for another.
Warranty phone broke
Let us explain all of the above on a not so rare example. If your phone breaks down before the warranty expires, you must repair it completely free of charge, with replacement parts if necessary.
The warranty periods for the phone are exactly the same as for any other product - no more than 45 days. If a written agreement is drawn up, it specifies a specific date for the completion of the repair procedure. It also indicates the need to replace the device while it is being repaired. A replacement telephone must be provided with the same specifications, no later than 3 days later.
If this did not happen, the penalty for each day of repair is 1% of the price of the phone. In the same way, the service center will have to fork out if the warranty periods for your phone are not met.
Penalties will be based on the results of an independent or judicial examination.
What is the result?
Upon completion of the repair, the seller or the organization that made the repair must be provided with a written report. Its main points are the date of treatment, the type of malfunction, the nature of the work performed and their exact dates, as well as the date of return to the owner of the phone.
Upon return, its performance is checked, which the consumer signs - in the future, claims will not be accepted. If the client is not satisfied with the quality of the repair, his verbal claims are considered at the time of return or upon subsequent appeal to the court.
A refusal of warranty repair (as already mentioned) is possible if a violation of the conditions of storage, use or transportation by the consumer is detected.
An exception may be situations with the actions of third parties. Carefully study the wording you are denied. Most often, it is motivated by traces of moisture, mechanical damage or improper use.
If the consumer is confident in his innocence, he can safely demand an examination. The costs are borne by the claimant. If you disagree with its conclusions, the next stage in the struggle for your own rights will be your appeal to the court.
But if the court decides that the consumer is guilty of spoiling the goods, he will have to fully reimburse the costs of the examination, storage and transportation of the goods.
Car repair
If the warranty period is indicated by the manufacturer in the service or warranty book (which happens in most cases), it applies to all parts. In the event of any breakdown, the machine relies on free repair (unless it is proved that natural wear has occurred).
It will be necessary to draw up a written statement with a thorough description of all the defects and the requirement for their immediate gratuitous elimination. They serve it directly to the sales salon. Stock up on a copy with a receipt mark, date and data of the receiving person. The fact is that the repair period is calculated precisely from the appeal, and not from the real start of work.
When transferring a car to the salon, an act of acceptance is required. It contains a detailed description of the state of the car, the signature of the person in charge and the seal of the organization. And also the purpose of the transfer is warranty repair.
If not everything is repaired, do not rush to sign the act and pick up the car - demand the final elimination of deficiencies.
Now about the timing
The warranty periods for car repairs are set by the seller based on the logic of the time required to repair the breakdown. Sometimes car dealerships drag out repair time in any way. In this case, the car owner may require legal assistance.
The deadlines are regulated by the same Law on the protection of our consumer rights.
In the first 15 days after the purchase, we can, having discovered any defect in the car, require either repair, exchange for a similar model, or return our money to us. After this period, you can only rely on repairs. Sly dealers, knowing that the deadline is 45 days, write in the documents that they took the car for diagnosis. Therefore, it is very important to hand over the car for repair.
What to do
To do this, a claim is made in the seller’s address in 2 copies, on our own - we seek the signature of the acceptor. We state the situation, demand the elimination of the problem, and refer to the relevant articles.
All kinds of checks, diagnostics, examinations, waiting for spare parts - all this sellers must have time to do in the control period. It did not work out for them in 45 days - we boldly change the requirement to repair it with another one, on refunding money or replacing a car. We refer to article 18 of the Law. For this, the seller has 10 (for a refund) or 21 days (for a replacement) - depending on what you require.
Do not forget that the warranty period after the warranty repair is automatically extended for the whole time while repairing your car.
Get ready for a lawsuit in advance. But if you did everything right, the chances of achieving a normal repair on time increase many times over.
