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Warranty repair is a consumer's right in the event of a product breakdown. The timing of its implementation is established by law.

What they depend on and how much they amount to – more on that later in the article.

If a defect is discovered in the product during the entire warranty period, the buyer may demand that the seller or manufacturer carry out free repairs and eliminate the identified defects.

In accordance with Art. 20 Federal Law “On the Protection of Consumer Rights” (hereinafter referred to as the Law), the period for warranty repairs is determined as follows:

Unless the parties have agreed in writing to this effect, repairs must be carried out immediately. The minimum period will be the period that is objectively necessary for the rapid and high-quality elimination of existing deficiencies. The maximum possible duration is 45 days. This period is the same for any product - both ordinary and technically complex.
When concluding a written agreement, the parties can stipulate in it a different duration of repairs - less or more than 45 days.

In the latter case, the need to extend the established deadlines may be caused by the manufacturer’s lack of any parts or components necessary for repairs. However, this is not a significant reason for violating the established deadlines - they can be extended only with the buyer’s consent.

Although the Law does not indicate in which days (calendar or working) this period is calculated, it must still be determined by calendar days. This is due to the provisions of Art. 190 of the Civil Code of the Russian Federation, in which the deadlines established by transactions are determined in the form of calendar dates or a specific period of time.

The only option in which the 45-day period can be extended is if its end coincides with a weekend or holiday. That is, if the product should have been repaired before 03/08/2016 inclusive, it would be completely legal if it was returned to the consumer on 03/09/2016.

For the entire period of repair, the consumer may also request the temporary use of another item with similar functions and characteristics. This requirement can be made within three days after its start, but there is a list of goods to which this right does not apply.

To confirm the time during which the repair is carried out, the consumer must request a supporting document from the seller, for example:

agreement on acceptance of goods;
work order;
receipt, etc.

Regardless of what this document is called, it should contain:

information about the start of repairs (indicating a specific date);
a description of the item that needs to be repaired, as well as a listing of its specific flaws and defects;
last name, first name and patronymic (both of the buyer and the person who will carry out the repairs);
signatures of the parties;
repair period.

If the period was not specified or the consumer was not provided with any supporting document at all, then the maximum period will be 45 days. However, without documentary evidence it will be difficult to prove exactly when the product was accepted for repair.

What to do if warranty repairs were not carried out within the prescribed time frame?

The warranty repair period may be extended if specified in the contract

Failure to comply with warranty repair deadlines is a fairly common violation. In this case, the consumer, in accordance with Art. 23 of the Law, has the right to demand that the workshop pay a penalty (penalty).

It is charged daily from the first day of delay in the amount of 1% of the cost of the goods. The consumer can recover the amount of the penalty either voluntarily or in court.

In addition, in case of violation of the terms, the buyer may demand the exercise of one of the rights provided for in Art. 18 of the Law - return, exchange an item or reduce its value.

In this case, the consumer receives the right to demand a refund after 30 days have passed from the start of the repair, since during this time he is not able to use it. This right applies to all types of goods, including technically complex ones.

To return money for a product or exchange it, the buyer makes a written claim addressed to the seller indicating these requirements and the grounds for them. The seller must sell them within 10 days. In case of violation of the deadline, the consumer also has the right to go to court.

In the event of submitting a defective product for warranty repair, the buyer must remember that there are established deadlines for this repair. If they are violated, he has the right to collect a penalty from the workshop that carries out the repairs, as well as return the goods back to the seller and receive money for it.

Cases when satisfaction from a purchase is overshadowed by a complete breakdown of the product or a defect that was not immediately detected are not uncommon. When trying to return a product for repair free of charge, certain difficulties may arise. For example, the period for eliminating defects in the product is greatly delayed, or the seller refuses to accept the application altogether, explaining the presence of the defect as careless operation. Knowledge of the provisions of current legislation will help achieve a fair result.

Procedure if a deficiency is detected

The first thing you need to find out is whether the defect can be repaired under warranty. If its presence was not specified at the time of purchase or the fact of its confirmation is not recorded in the documents, then the product is subject to free repair. Such situations occasionally arise after purchasing products that have been discounted due to some kind of defect.

Situations that arise as a result of:

rough operation;
use other than for its intended purpose;
ingress of substances whose action led to the defect;
violations of storage or transportation rules.

If the buyer is satisfied that the defect can be corrected under warranty, he should:

Write in advance or directly at the point where the purchase was made, a statement setting out the requirement for free repair of the product. If, due to any circumstances, the consumer cannot do this on his own, he has the right to entrust this to another person, but by providing the intermediary or manufacturer with a notarized power of attorney.
Simultaneously with the submission of the application, the goods are handed over. The seller is obliged to accept it and draw up a corresponding act. He can also conduct a quality check on the product to make sure there is a defect. This must happen in front of the buyer. At his request, goods of a similar purpose are provided for the duration of the repair. The exceptions are: any vehicles, pieces of furniture, weapons, electrical appliances intended for personal care and hygiene or for working with food.
The seller is obliged to announce the period for eliminating defects in the product - 45 days.

An important nuance is that the requirement to carry out repairs under warranty is only one of the options for the possible development of events. The buyer has the right to return the money or receive a new product to replace the originally purchased one. In addition, he may resort to the help of third-party service companies. In this case, it is necessary to request reimbursement of costs associated with repairs from the seller or manufacturer.

These actions apply to durable goods. With technically complex ones (household appliances, transport, communications, etc.) the situation is somewhat different. The buyer can choose his own option for resolving the situation only until 15 days have passed from the date of purchase, then depending on the severity of the breakdown.

What document regulates the period for eliminating deficiencies?

The duration is established by the Federal Law “On the Protection of Consumer Rights”. According to it, the deadline for eliminating product defects is 45 days. If this information is not recorded in writing, the defect should be corrected more quickly, depending on the complexity of the repair and the method used. The time period is usually set by decision of the parties, but cannot exceed the maximum (45 days).

Acceptable deadlines for detecting deficiencies

You can demand the seller to carry out free repairs in the following cases:

The product was sold with a specified warranty period. The intermediary (or the manufacturer directly) is obliged to be responsible for the appropriate level of quality throughout the entire period.
The product was sold with an unspecified warranty period. This circumstance does not relieve the seller or manufacturer from liability for defects that appear. The buyer has the right to request their removal within a two-year period from the date of purchase of the product. In this situation, you must provide evidence that the defect appeared before the product was used.
If the warranty period is less than two years, but defects are discovered during this period, free repairs must be made, but with the provision of appropriate evidence by the consumer.
During a period exceeding two years, a significant defect was identified, as a result of which the use of the product for its intended purpose became impossible. In this case, the buyer can use the repair service free of charge, but with evidence that the breakdown occurred due to reasons that arose before the goods were transferred to the consumer.
The same requirements can be imposed on the intermediary or the manufacturer if the fatal defect arose during the valid service life (or 10 years if it is not specified).

The main evidence of the occurrence of defects that arose before the transfer of the goods to the final consumer is the conclusion of an independent organization carrying out expert activities.

If the seller refuses to accept the product

Often, after checking the product, the seller does not recognize the occurrence of a warranty situation. It is important to remember that he is obliged to accept the product with the appropriate statement. In this case, it must be packaged and sealed, and then sent for examination. The buyer does not reimburse any costs associated with transportation and subsequent quality assessment.

But if an agreement with the seller cannot be reached and he motivates his refusal to accept the goods by the absence of a defect, the consumer can contact an independent company that will conduct an examination. If the conclusion is satisfactory to him, reimbursement of costs for third party services is carried out by the intermediary or the manufacturer.

Does the warranty period change?

It is suspended while repairs are being carried out. Thus, the warranty period in case of elimination of product defects increases (by a maximum of 45 days). But even if the consumer turned to the judicial authorities for help, as a result of which the situation was resolved in his favor, but the period of proceedings was more protracted, it is still not taken into account.

If a spare part is replaced, a new warranty period is established for it (if it was originally provided separately).

If the repair duration exceeded 45 days

There are situations when the agreement is violated due to the protracted nature of the period for eliminating defects in the product. In practice, unscrupulous sellers or manufacturers often only notify the buyer of the need to provide them with additional time. This is a violation. The period for eliminating product defects should actually not exceed 45 days. If this does happen, the buyer has the right to monetary compensation. The penalty for violating the deadlines for eliminating defects in the product is 1% of its cost. It is charged for each day of delay.

How to determine the amount of the penalty?

To understand the extent to which the buyer will receive a payment related to the violation of the deadline for eliminating defects in the product by the seller (manufacturer), you need to calculate the number of days from the first day of the repair delay until its completion. If the penalty is also paid untimely, interest accrues until the consumer’s requirements are satisfied.

Other options for the development of events

If the period for eliminating defects in the product has been exceeded, the buyer also has the right to refuse repairs and put forward other demands to the seller or manufacturer:

Replace the product of inadequate quality with a similar one.
Request a refund for the purchased product.
Exchange for another product of the same purpose, but without defects. In this case, the cost is recalculated.
Demand a significant reduction in the cost of goods with defects.

If a technically complex product was submitted for repair and the deadline for eliminating defects was exceeded, this situation may be beneficial to the buyer. The fact is that delay allows the consumer to put forward other conditions to the seller or manufacturer (for example, exchange or refund), which he could not initially present. But in this situation, it is necessary to return the goods immediately, because... otherwise, it will be repaired in violation of the deadlines and a penalty will be paid, and other options for the development of events will be impossible.

Finally

The relationship between the intermediary (or manufacturer) and the consumer should be exclusively positive. But in practice, if the matter concerns warranty repair of a purchased product, misunderstandings and even conflicts may arise between the parties. The consumer must know his rights and skillfully apply them in the event of a controversial situation. Information regarding the deadlines for eliminating product defects is contained in the Law “On the Protection of Consumer Rights.”

Have you bought the item you need and, to your regret, have discovered a defect in it? Civil legislation protects the rights of consumers, therefore it establishes certain deadlines for eliminating product defects.

However, it is important to contact the store with your claim within a specific period.

What is the time frame for detecting product defects?

The period during which a citizen who has discovered a defect in a product he has purchased has the right to file a claim with the store depends on the presence or absence of a warranty, as well as on the type of item.

The time frame for exchanging unusable goods or carrying out repairs at the expense of the seller is established by Article 447 of the Civil Code of the Russian Federation.

Deadlines for eliminating defects under warranty

The warranty period is understood as the period of time established by the seller and/or manufacturer, during which the product must meet the characteristics stated in the instructions and work uninterruptedly.

If the user discovers a defect in the item before the warranty expires, the store that sold the item must fix it.

The warranty period is determined by the manufacturer or organization selling the product. In most cases it is 2–3 years.

If this period is less than two calendar years, but the defect appeared before the date of purchase, the user has the right to contact the store with a claim within 2 years from the date of purchase of the item. In practice, an item may have parts for which a separate warranty period is provided.

If the warranty for a technically complex product has expired, but has not yet expired for its individual component, the law extends the period for detecting defects as much as possible. Therefore, the item must be repaired at the seller's expense unless the warranty period for the parts has expired at the time the claim is made.

Deadlines for detecting defects in the absence of a warranty for the product

When concluding a purchase and sale agreement, the parties discuss the procedure for returning the subject of the transaction in the event that it is found to have a defect that is not the fault of the buyer.

Elimination of product defects, if there is no warranty period, is possible within two years from the date of purchase or receipt of the item by mail.

This period can be extended with the help of a purchase and sale agreement concluded by the parties, in accordance with Part 2 of Article 447 of the Civil Code of the Russian Federation.

The product has an expiration date

If any defects are found in food products, a citizen can file a corresponding complaint with the store within the expiration date indicated on the package.

It is important to take into account 2 nuances:

If you purchased a damaged product whose expiration date expires within 24 hours, but you cannot contact the store immediately after discovering the defects, after the expiration of the period of suitability for use indicated on the package, the product cannot be accepted back by the seller (stores that monitor their reputation they usually meet customers halfway in this case, exchanging products for new ones);
If you purchased a product that has already passed its expiration date, you must file a claim with the seller within two weeks (in practice, it is recommended to contact the store as early as possible).

What to do if the defect was hidden?

In accordance with Article 10 of Law No. 2300-I of February 7, 1992, sellers are obliged to notify customers if a product has any defects. If a defect cannot be determined by external inspection, but is discovered during use, we are talking about a hidden defect.

If the seller did not notify the buyer about the presence of a defect in the item and sold him a low-quality item, according to Article 503 of the Civil Code of the Russian Federation, the citizen has the right to demand:

reducing the cost and returning part of the money;
carrying out repairs at the expense of the organization;
replacing a low-quality item with a high-quality one;
reimbursement of costs associated with eliminating the deficiency;
return of money.

The cause of the defect can be determined after an appropriate examination, carried out at the expense of the seller. Compensation for damage is acceptable if the inspection confirms the occurrence of a defect due to the fault of the store.

How to file a claim?

In order to exchange an item for a better one, return the cost of the item, or carry out repairs at the expense of the seller, you need to prepare. It is drawn up in writing and contains a brief summary of the essence of the matter (full name of the buyer, date of purchase and discovery of the defect).

You can make a claim to the seller within the same period established for identifying defects:

before the expiration date;
within two years (in the absence of a guarantee);
before the end of the warranty period for the goods provided for in Article 447 of the Civil Code of the Russian Federation.

The listed periods begin to be calculated at different times. If we are talking about seasonal items, for example, a jacket or shoes, the period is counted from the onset of a specific season. If the product was purchased remotely, the countdown starts from the moment the buyer receives the package (by mail or via courier).

The breakdown of a new thing is always a disappointment. But there is a certain procedure and time frame for warranty repair of your broken item. What repair period is provided by law, and what to do if the seller violates his obligations?

On December 12, 2007, important amendments were adopted to the Law “On the Protection of Consumer Rights” (hereinafter referred to as the Law). We will talk about them further.

First of all, let us pay attention to Art. 20 of the Law. The period for carrying out repairs, which is established by a written agreement between the service center and the owner, is no more than forty-five days and is concluded in writing.

How long does it take to make repairs under warranty?

In accordance with paragraph 1 of Art. 20 of the Law, if the deadline for eliminating defects in the product is not determined by the parties in writing, then they must be eliminated by the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) immediately (within the minimum period objectively necessary to eliminate them, taking into account the method used).

Thus, if the period for eliminating deficiencies is not specified in the agreement, then it still cannot exceed forty-five days. It is worth noting that if, during the elimination of identified deficiencies, it becomes known that it is not possible to complete the work on time, the parties have the right, by mutual agreement, to enter into an additional agreement, thereby extending the period for eliminating the deficiencies.

In addition, paragraph 1 establishes the concept of the word “immediately”. In the event that the period for eliminating the defects is not determined by the parties in the form of a written agreement, the service center is obliged to carry out the work immediately, i.e. within an objectively minimum (reasonable) period, calculated taking into account the specifics of the repair. This concept was initially adopted by the Plenum of the Supreme Court of the Russian Federation, and is now enshrined in paragraph 1 of Art. 20 of the Law.

It is determined that the minimum period will be calculated in hours that are necessary to complete the work. It is calculated by experts, guided by the established standards of the product manufacturer.

If the deadline is missed, the service center may refer to the lack of spare parts or certain components necessary to eliminate the defects.

It is important to know that it is unacceptable to indicate in the receipt or in the agreement to eliminate defects that the period can be extended if the components necessary for repair are not available. The listed reasons cannot serve as a basis for concluding an agreement to extend the deadlines and do not relieve the service center from liability for delays in completing work.

Before the relevant amendments came into force, the Law “On the Protection of Consumer Rights” did not establish specific or maximum deadlines, which many service centers quite successfully used, delaying the elimination of deficiencies for several months.

Thanks to this amendment, such actions are becoming less common in practice. For exceeding the maximum permissible time limits, the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor) may hold the violator accountable. Forty-five days, according to a survey of a number of manufacturers and sellers of various types of equipment, is a sufficient period to eliminate any malfunction.

Under what circumstances is a product not accepted for warranty repair?

The presence of a warranty in itself does not give the right to contact the service center with any breakdown.

There are exceptional cases, the occurrence of which releases the parties from fulfilling warranty obligations, such as:

Purchase of damaged goods in the event that the buyer was notified in writing of the defect. Stores often display discounted goods, and often the reason for the markdown is slight defects in packaging, casing, or minor manufacturer defects that do not interfere with the normal and safe operation of the device. For example: a microwave oven that has traces of scratches and small dents on the body, or a tablet with a scratch on the screen. In any case, if the defect is indicated in the purchase and sale agreement, then by signing it, the buyer agrees that the terms of the warranty do not apply to these defects;
Malfunctions resulting from improper operation. Most products have an instruction manual, which the buyer must read before first use. When a device is to any extent deprived of its consumer properties due to its improper operation, the service center has every right to refuse repairs. For example: during the examination, it was found that the phone does not turn on due to water getting into the electronic components of the device;
Damage caused by the owner of the goods or third parties. In this case everything is simple. If someone scratched your car, or you yourself caused damage to it by colliding with some object, then warranty repairs are out of the question. In this case, only insurance can protect you;
Attempting to repair the product yourself. The fact is that when the user tries to repair the fault on his own, the problems may become even greater due to the lack of necessary skills. Therefore, breaking the seals installed in any device relieves the service center of the obligation to fulfill warranty obligations. Most often, all such cases occur during the repair of household and computer equipment.

Stages of repairs under a warranty service agreement

There are three main stages of warranty repairs.

Stage one– contact the service center.

As soon as the owner of the product identifies any flaw in his purchase, he must immediately contact the service center that serves him. As a rule, the list of places where you can go to restore the functionality of the product is indicated on the warranty card or in the conditions for the implementation of warranty obligations in the sales contract. When contacting, a document is drawn up in which the receiving specialist confirms the external condition of the product and also records, according to the consumer, the conditions under which the malfunction occurred.

Stage two– carrying out examination and repair.

For any malfunction, the cause of its occurrence must first be established. It is based on its results that the issue of accepting the product for repair or refusing to fulfill warranty obligations will be decided. In case of refusal, the owner may agree to paid repairs. Many service centers provide their own warranty on repaired products.

Stage three– receipt of goods.

If the work was carried out under warranty service, then after the repair the product will be returned to the owner along with faulty and replaced parts.

Attention!

Upon receipt, you must carefully inspect the item for any damage that was not present at the time of delivery. Also, please read your receipt carefully. It must indicate the dates of acceptance and return of the goods, describe the initial condition of the goods, and also attach a certificate of completion of work (or all specified information can be reflected in the certificate of completion of work).

Refusal to repair products that are still under warranty

In the event that the owner receives a refusal indicating that a non-warranty event has occurred, he has the right to disagree with such a decision. In such circumstances, it is necessary to contact an independent expert (check that he has the necessary documents confirming that he is an expert in this field).

If your doubts are confirmed and the examination shows that the case was under warranty, and the service center refused to carry out repairs, then it will be obliged to accept your product and reimburse the amount spent on the examination.

To do this, save the agreement concluded with an independent expert.

If you do not agree with the opinion of an independent expert, then there are three more opportunities to protect your violated rights:

Write a complaint to the seller's senior management. They most often adhere to the principle - the client is always right;
To conduct an inspection, file a complaint with Rospotrebnadzor. Such a test takes a very long time and does not always give a positive result;
Go to court to protect your violated rights.

According to the requirements of the law, defects found in a product must be eliminated by the manufacturer (seller) or an organization performing the functions of the manufacturer (seller) on the basis of an agreement with him, within twenty days from the date the consumer submits demands on eliminating product defects.

In relation to durable goods, the manufacturer (seller) is obliged, upon presentation by the consumer of the specified requirement, to seven days period provide the consumer with a similar product free of charge for the period of repair, ensuring delivery at your own expense. The list of durable goods to which this requirement does not apply is established by the Government of the Russian Federation.

If defects in the product are eliminated, the warranty period for it is extended for the period during which the product was not used. This period is calculated from the day the consumer applies with a request to eliminate defects in the product until the day it is issued upon completion of the repair.

If a defect in a product is eliminated by replacing a component product or component of the main product for which warranty periods are established, then the warranty period for the new component product or component of the main product is calculated from the day the product is issued to the consumer upon completion of the repair.

If a consumer discovers defects in a product and makes a demand for its replacement, the seller (manufacturer) is obliged to replace such product as soon as possible. seven days period from the date of presentation of the specified requirement by the consumer, and if additional verification of the quality of the product is necessary - within 20 days from the date of presentation of the said request.

If the seller (manufacturer) does not have the goods necessary to replace the goods on the day of presentation of the specified demand, the seller (manufacturer) must replace such goods within within a month from the date of presentation of the said request. At the consumer's request, the seller (manufacturer) is obliged to provide him with free delivery for temporary use for the replacement period a similar durable product, ensuring its delivery at his own expense.

According to the requirements of the law, a product of inadequate quality must be replaced with a new product, that is, with a product that has not been used. When replacing a product, the warranty period is recalculated from the day the product is delivered to the consumer.

Consumer demands for a proportionate reduction in the purchase price of goods, reimbursement of costs for correcting defects in goods by the consumer or a third party, as well as compensation for losses caused to the consumer by termination of the sales contract (return of goods of inadequate quality to the manufacturer) are subject to satisfaction by the seller (procurer) within 10 days from the date of presentation of the corresponding demand.

For violation of all the deadlines listed above, as well as for failure to fulfill (or delay in fulfilling) the consumer’s request to provide him with a similar product for the period of repair (replacement) of a similar product, the seller (manufacturer) who committed such violations pays the consumer a penalty for each day of delay (penalty) at the rate of 1% of the product price. In this case, the price of the product is determined based on its price that existed in the place where the consumer’s demand should have been satisfied by the seller (manufacturer) on the day of voluntary satisfaction of such a demand or on the day of the court decision, if the demand was not voluntarily satisfied.