What You Should Know About Legal Car Warranties
According to RF PP No. 2463, motor vehicles are classified as technically complex products. Therefore, it is subject to the provisions of the Consumer Protection Law on warranty service.
The warranty refers to the obligation of the official dealer to make free repairs or replacement of parts (if there is a manufacturing defect) within the warranty period established by the manufacturer.
The procedure in this case is determined by the manufacturer, and he also delegates the authority to the dealer to recognize/non-recognize such a case as a warranty case.
The requirement for repair work can be submitted by the buyer within the warranty period specified in the contract or in the service book. If such a period is less than 2 years or is not determined by the manufacturer, it is 2 years by default - Art. 19 No. 2300-1 Law of the Russian Federation.
What the buyer has the right to demand
If any defects are discovered in the car within 15 days from the date of its delivery, the buyer has the right to demand - clause 1 of Art. 18 No. 2300-1 Law of the Russian Federation:
- Replacement with a similar/different (with cost recalculation) brand (model/article) of car.
- Refund of the price paid.
- Immediate warranty repair.
After this period, contacting the dealer is possible only if significant deficiencies in the car are identified.
Important! If the service center violates the period for carrying out restoration repairs (more than 45 days) or the vehicle (hereinafter referred to as the vehicle) cannot be used due to repeated repairs for more than 30 days during each year of warranty, the buyer has the right to return it and demand a refund.
See also:
Is it possible to return a used car to a car dealership within 14 days in 2021?
How to return a car to the seller under a sales contract in 2021
Where are the terms of the warranty stated?
Warranty conditions are specified in the vehicle purchase and sale agreement (hereinafter referred to as the VSC) and the service book. Depending on the brand and the automaker’s loyalty policy, the warranty conditions for different brands of cars differ markedly.
As a rule, a premium brand has a wider list of warranty cases than budget brands. To find out what warranty conditions apply to you, carefully study the documents on the car.
What is/is not covered by the warranty
A complete list of warranty/non-warranty cases is indicated in the service book, which is issued by the manufacturer and is an appendix to other documents for the vehicle. Next I’ll tell you about the most common ones.
The warranty applies to:
- Repair or, if repair is impossible, replacement of faulty parts/assemblies/assemblies that have failed due to the fault of the manufacturer, as well as free implementation of related dismantling and installation work.
- Compensation for the costs incurred by the buyer to eliminate the malfunction, including delivery of the car to service by a tow truck.
- For original accessories installed by an official dealer.
The warranty does not apply to:
- Vehicle maintenance (TO).
- Replacement of parts/assemblies due to their natural wear and tear during vehicle operation (spark plugs, filters, clutch discs, lamps, brake pads/discs/drums, shock absorbers, fuses, etc.), unless otherwise provided by the contract.
- Restoring a car after exposure to natural phenomena (floods, falling snow/ice/hail, natural fires, etc.) or an accident.
- Diagnostic work.
- Adjustment of wheel alignment and alignment angles.
- Wheel balancing.
- Work related to cleaning fuel tanks, pipelines, fuel pumps, injectors and other fuel equipment.
- On the details of the electrical group.
The warranty on the paintwork (paintwork) is usually only valid in the case of through corrosion. Violation of the paintwork may be considered a warranty case if it is proven that the cause was not mechanical damage.
Important! The manufacturer's warranty is valid until the stated warranty period has expired. However, if an independent examination confirms that the reason for the failure of the part/assembly/assembly was poor-quality installation or incorrect selection of additional equipment, the repair will not be considered under warranty.
How long is the warranty period?
The warranty period is established by time and mileage by the manufacturer's technical conditions and is indicated in the Operation Manual - clause 1.3 of Regulations RD 37.009.025-92.
It comes in two types:
- European - 2 years without mileage limitation.
- Asian - 3 years or 100,000 km.
The dealer also has the right to increase the warranty period for individual parts/assemblies/mechanisms. However, in reality, this turns out to be just promises and advertising ploys by individual dealers to attract buyers. In addition to the advantages, an extended warranty also has disadvantages:
- Possible costs of the seller are included in the cost of the car.
- The car purchase and sale agreement includes a minimum of cases when you can actually qualify for free car repairs.
Important! It happens that the warranty period is set to be very short - for example, 1 year. In this case, you have the right to submit your claims within a special period specified in the law - 2 years (Clause 5 of Article 19 No. 2300-1 of the Law of the Russian Federation).
From what date does the warranty period for sales begin?
The warranty period for the purchased vehicle begins:
- Unless otherwise provided by the purchase and sale agreement - from the moment of its transfer to the buyer. If it is unknown when the car was actually transferred - from the date of its manufacture (clause 1 of Article 471 of the Civil Code of the Russian Federation).
- If the buyer is deprived of the opportunity to use the car and notifies the dealer about this - from the moment the circumstances depending on the seller are eliminated (clause 2 of Article 471 of the Civil Code of the Russian Federation).
- When purchasing a car from a catalog - from the date of its delivery. If the date is unknown - from the date of signing the purchase and sale agreement.
- If the days of delivery and sale do not coincide - from the date of delivery of the car.
Returning a faulty machine
If the new owner discovers a fault in the vehicle within 15 days from the date of purchase, his legal right is to replace the car under warranty. The salon cannot refuse to satisfy this request.
What should I do if the problem was discovered later? In this situation, the following factors are recognized as grounds for a return:
- the significant nature of the breakdown, recognized by the car dealership;
- the store’s refusal to carry out free repairs;
- the need for constant car repairs, which takes more than 30 days over 12 months.
To return a car in a faulty condition, you need to prepare a written claim indicating the name and address of the salon, owner details, make and registration number of the car, a description of the defect and a clear and unambiguous statement of requirements. The document is handed over to the seller's management during a personal visit or sent by registered mail.
If the salon refuses to satisfy the buyer’s claims on an illegal basis, he has the right to demand a refund in court. Practice shows that most often this is not necessary: sellers value their reputation and meet their clients’ needs.
Car warranty service under warranty that it is
Warranty service includes not only free repairs, but also maintenance during the warranty period.
Warranty service includes a range of works:
- Related to the fulfillment of the manufacturer's warranty obligations - warranty repair/replacement of the vehicle.
- Aimed at ensuring full functionality of the vehicle during the warranty period - maintenance.
How to Determine If a Machine Has a Warranty Period
You purchased a car and do not know whether it is covered by the factory warranty. This can be defined as follows:
- If you bought a new car at a car dealership, it is covered by the warranty established by the automaker, and possibly an additional one from the dealer.
- When purchasing a used car through a dealership, information about the warranty/lack of it is written down in the policy.
- If you purchased the car secondhand, you can find out whether there is a warranty from an official dealer in person or from the seller of the car (an individual).
What is meant by warranty repair?
Warranty repairs mean carrying out work to eliminate malfunctions and restore the functionality of systems/units/components and the entire vehicle as a whole. Costs associated with such repairs are reimbursed by the manufacturer - clause 3.7 of Regulations RD 37.009.025-92.
During the specified period, basic parts of components and assemblies are not repaired. If a defect is detected, they must be replaced.
The warranty period is set at least 12 months or 20 thousand kilometers from the date of replacement under warranty of the following parts - clause 3.15 of Regulations RD 37.009.025-92:
- Engine.
- Gearboxes.
- Transfer case/power take-off.
- Drive/front axles.
- Center differentials.
- Wheel reducers.
- Steering mechanism.
- Rear axle gearbox.
- Clutches.
In case of replacement, all other parts and assemblies are covered by warranty until the expiration of the warranty for the vehicle as a whole, unless the manufacturer has established other terms. The warranty period is calculated from the date of installation of the replaced unit/assembly/part according to the purchase order (sales receipt) - clause 3.16 of Regulations RD 37.009.025-92.
What are the terms for warranty repairs?
The following deadlines for eliminating deficiencies are established by law: Art. 20 No. 2300-1 Law of the Russian Federation:
- Immediately - if the repair period is not determined by the parties in writing.
- Within the period agreed upon by the parties in writing - if the dealer cannot eliminate the defects immediately, he has the right to agree with the buyer on a certain period. But it should not exceed 45 days.
In practice, you may be asked to agree on the duration of the repair as follows:
- The work order will already indicate the repair period - 45 days. In this case, a shorter period may be verbally announced to you. Thus, the dealer insures himself against liability. Read the documents carefully before signing, and demand immediate repairs - refer to Art. 20 No. 2300-1 Law of the Russian Federation.
- The document indicates a period of more than 45 days or “45 working days”. This is also a violation and has no legal effect. Request immediate repairs.
- The repair period of 45 days is indicated by the seller in the purchase and sale agreement. This condition is legal only if the car is repaired under warranty from the seller. In other cases, the time to eliminate a vehicle malfunction is agreed upon by the parties for each specific defect and only after it has been identified.
Important! During the warranty period for the car, the seller/manufacturer is responsible for identified deficiencies, unless he proves that they arose after the vehicle was transferred to the buyer due to his violation of the rules of use/storage/transportation of the goods, actions of third parties or force majeure.
In what cases can a dealer refuse to repair a car under warranty?
The seller has the right to refuse to carry out repairs if:
- The owner did not comply with the technical maintenance (MOT) regulations.
- The car was repaired in uncertified car repair shops that are not related to maintenance from an official dealer/manufacturer.
- The buyer independently installed non-original parts/consumables.
- The owner violated the rules for operating the car.
- Additional equipment was installed with outside help.
- Changes have been made to the technical characteristics of the vehicle (tuning).
- The car was not used for its intended purpose, for example, to participate in racing competitions/training purposes, etc.
- The breakdown occurred as a result of an accident/natural disasters/illegal actions of third parties.
- The permissible operating parameters of the vehicle have been exceeded.
Important! If you disagree with the seller’s refusal to carry out warranty repairs on the car, you should get a reasoned written response from him, conduct an independent examination and go to court. If the fact of illegal refusal is confirmed, you will be able to return the vehicle and receive the money paid for it.
What to do if the dealer delays the warranty repair period
If the repair period is delayed, prepare a claim.
If the service center has delayed the warranty repair of the vehicle, you must draw up and send a claim to it. The document is drawn up in two copies. One remains with the buyer, the second should be submitted to the seller personally with a receipt stamp on your copy, or sent by mail in a valuable letter with a list of the contents.
The claim must indicate the malfunction of the car, the date the car was sent for repairs and confirmation of the fact that warranty repairs were not carried out within the prescribed period. Ask the dealer to immediately complete the repair or terminate the contract with a refund to you.
Important! Do not agree to extend the repair period. Read the documents carefully. The dealer can specify such a condition in the purchase order, and by signing it, you agree to the extension.
What is the liability for violating the warranty repair period?
If the dealer violates the terms of warranty repairs, he is liable in accordance with Art. 18 and art. 28 No. 2300-1 of the Law of the Russian Federation and is obliged:
- Refund to the buyer the money paid for the car if the repair lasts more than 45 days.
- Full compensation for losses caused to the owner of the vehicle.
- Pay the buyer a penalty in the amount of 3% of the cost of repair work for each day of delay.
Procedure in case of refusal of warranty repair of a car
In general, the procedure is as follows:
- Show the available documents to a lawyer to assess the situation.
- Checking the technical side of the issue for the reasons for the car’s deficiencies. Drawing up an expert inspection report.
- If necessary, prepare a claim to the dealer for refusal of warranty repairs.
- Preparation and submission of documents to the court.
- A legal proceeding, during which, as a rule, the main stated requirement changes from a requirement for warranty repairs to a requirement for a refund of money for the car.
The first thing to do is to correctly assess the legality of the refusal. There are situations when misunderstanding of certain legal aspects prevents the car owner from acting correctly. These are situations when “both are right” - both the car owner and the dealer.
The legislation on the protection of consumer rights clearly defines the algorithm of actions of both the consumer and the dealer in the event that the former contacts the latter with a requirement to repair the car under warranty.
In 99% of cases, this algorithm is violated, but, as a rule, it is the car owner who suffers from this, since the dealer is familiar with this algorithm and is aware of the consequences of its violation, for example, not conducting an independent examination to determine the causes of the car’s defect, and the car owner he doesn’t even know.
When you are denied warranty repairs, there are two aspects that need to be checked: technical and legal.
- Technical. To clearly understand whether there is a defect in the car and what are the objective reasons for its occurrence.
- Legal. To provide yourself with the necessary evidence for the future and oblige the dealer to carry out warranty repairs or even return the car with the defect and get money for it.
Automobile warranty disputes are one of the most complex categories of cases in the field of consumer protection. And the point here is not that these are some complex cases from a legal point of view.
The point is that there are a lot of aspects to these cases that need to be taken into account, but nothing is written about in the law.
You need to be aware that for you, a controversial situation with a dealer may happen only once during the entire warranty period, but for a dealer, dealing with such requests is an everyday activity.
As you understand, dealers, or more precisely, the manufacturer, are not interested in paying for the repair of your car at their own expense, even if the defect arose through his fault.
Therefore, the policies of dealers and their actions when you contact them have already been clearly worked out and verified, starting with placing an order. Or starting from its lack of registration. This also happens often.
Therefore, the most correct advice for a person who has been denied a car repair under warranty would be to consult with specialists from the consumer protection society who have experience in resolving such issues.
The consultation is free, and it can save you from a lot of unnecessary problems.8 (812) 992-39-98
Further actions depend on what stage of communication with the dealer you are currently at and what evidence base of documents you have in order to be able to influence the dealer.
Will the warranty still apply if service is not provided by a dealer?
The law prohibits making the satisfaction of the buyer’s demands during the warranty period conditional on conditions not related to the defects of the goods - clause 2 of Art. 16 No. 2300-1 of the Law of the Russian Federation.
Consequently, the owner of the car has the right to have it serviced at a service center of his choice. If a dispute arises about the reason for the appearance of defects/malfunctions during the warranty period, the seller/manufacturer is obliged to conduct an examination at his own expense - clause 5 of Art. 18 No. 2300-1 Law of the Russian Federation.
If the examination determines that:
- The malfunction arose due to reasons for which the dealer is not responsible - you will have to make repairs at your own expense, as well as reimburse the costs of the examination/storage/delivery of the car.
- The breakdown was the result of natural wear and tear/technological defect - the warranty will continue to apply, and the seller will be obliged to make free repairs.
Sample complaint to the dealer for refusal to repair a car under warranty
Here you can familiarize yourself with a sample claim to the dealer in case of refusal to carry out warranty repairs on the car, as well as a claim.
Please note that this is just a general sample that we provide to give you a general idea of the claim form. But the content should change depending on the specific situation!
(indicate the name, OGRN of the dealer) From ______________________________ (indicate your full name) Address:___________________________ (indicate the address for sending a response) Tel.: ____________________________ (indicate the telephone number for communication)
CLAIM for refusal to carry out warranty repairs
I am the owner of a car brand ____ model _____, VIN No. _________________________________.
The warranty period for the car is set by the manufacturer for 3 years or 100,000 km. mileage depending on which event occurs first.
At _____ km. mileage after 1 year and 3 months. During the warranty period, I discovered the following defects in the car, not specified by the seller: _______________________________________________. (describe in detail the deficiency, how and under what conditions it manifests itself)
Due to the discovery of the specified defect in the car, I contacted your dealership with a request to repair the car.
After carrying out the diagnostics, the service station employee informed me that this was not a warranty case and offered to order spare parts for repairs at my expense.
Since I believe that the defect arose for reasons not related to my violation of operating rules or other reasons for which the manufacturer is not responsible, I hereby demand:
— carry out warranty repairs of the vehicle within the minimum period objectively necessary to eliminate the existing defect.
date signature
Is there a warranty for a purchased used car?
If you purchased a used car, you should know the following:
- If the warranty has not yet expired, the warranty continues. If there is a breakdown, you should contact the car dealership and get service.
- If the manufacturer's warranty has expired, the most you can count on is warranty service from the dealer, if he decides to provide it to you under the policy. If there is no such clause in the contract, you will carry out repairs at your own expense.
Manufacturer's requirements
The manufacturer has the opportunity to protect itself from irresponsible consumers. To do this, certain requirements are imposed on the operation of the vehicle. The basic requirement is a mandatory visit to a car service center to carry out routine maintenance related to regular maintenance. The work uses exclusively original spare parts and consumables purchased at dealer stations.
In this way, the automaker protects itself from unscrupulous craftsmen and counterfeit materials. Specialists allowed to carry out work must have appropriate certificates for carrying out work from an official representative of the brand.
Modern cars are packed with a large number of electronics, so even after an oil change, it is necessary to frequently make adjustments to the ECU regarding the timing of its filling. Otherwise, the on-board system may generate an error requiring the filling of fresh consumables.
Each maintenance covered by the vehicle warranty requires the use of original spare parts. Proven ignorance of this fact leads to loss of obligations for further free work, because due to low-quality materials, the car may end up requiring expensive repairs.
What warranty nuances do car dealerships usually “forget” to tell the buyer?
It is beneficial for the dealer not to inform the consumer about the details of the warranty service.
In pursuit of savings, the showrooms, when completing a sales transaction, do not convey to the buyers important nuances regarding the warranty service of the car. You should know this:
- The warranty period begins to run not from the moment the contract is signed (exception - if this is expressly provided for in the contract), but from the date of transfer of the car to the owner.
- If the car is placed for repairs, the warranty period is suspended and renewed when the vehicle is returned to the owner in good condition.
- When replacing under warranty parts/assemblies specified in clause 3.15 of Regulations RD 37.009.025-92, the warranty period for them is established at least 12 months/20 thousand km from the date of their installation.
- Repair of a car malfunction must be carried out within a reasonable time. If the service provides a work time that does not correspond to the repair of the breakdown, you have the right to demand a penalty.
- If the car is not running, the seller is obliged to provide a free tow truck or compensate the buyer for transportation costs.
Important! The expiration of the warranty period is not an obstacle to filing a claim with the manufacturer if a significant defect is discovered during the service life of the vehicle.
Reasons for justified refusal
Not all breakdowns are covered by the warranty. Its limited validity is limited by the agreement under which the car is purchased. The seller has the right to reasonably refuse to provide compensation for damage if the following facts are revealed and confirmed:
- the owner of the new car did not comply with the established maintenance regulations;
- the car was serviced at third-party non-branded car services during the specified time interval;
- non-original parts are installed into the vehicle structure;
- the owner of the vehicle made unauthorized changes to the technical specifications.
FAQ
Q: Will the warranty apply after an accident?
A: If an accident or fire occurs due to manufacturing/design defects of the car, the warranty remains valid. Replacement/repair is carried out at the expense of the dealer - clause 4.17 of Regulations RD 37.009.025-92. If the fault of the manufacturer is not proven, the owner of the vehicle will be denied warranty service.
Q: Is it possible to change the oil at a third-party service center under warranty?
A: Yes, yes. The dealer may not refuse warranty service for this reason. He can refuse to accept the car for repairs only if he proves the connection between the malfunction and low-quality oil/unprofessionalism of the technician who changed the oil.
Q: If the car is under warranty, can the alarm/parking sensors be installed at a location other than the dealer?
A: On the one hand, you have the right to install additional equipment where you consider it necessary (Clause 2 of Article 16 No. 2300-1 of the Law of the Russian Federation). On the other hand, quite often the intervention of incompetent technicians in the vehicle system led to serious technical problems, including the complete loss of the car. I recommend not to take risks and use the services of certified services.
Q: Is it possible to replace the pads at a location other than the dealer?
A: It is possible, since brake pads are consumables and are not included in the list of components/assemblies subject to warranty service.
Q: Who pays for a tow truck if the warranty vehicle is not drivable?
A: If the car is not in working condition, the responsibility for delivering it to the service center is assigned to the seller - clause 7 of Art. 18 No. 2300-1 Law of the Russian Federation. If the buyer had to deliver it himself, the seller is obliged to reimburse the costs of its transportation.
Q: Is the dealer required to provide me with a replacement vehicle during the warranty repair period?
A: The dealer is not required to provide such a service. According to RF PP No. 2463, motor vehicles are included in the list of durable goods that are not subject to the buyer’s requirement to provide him with a car free of charge. At the same time, a number of companies provide a vehicle in the event of a car breakdown for the period of repair. However, this is a right, not an obligation of the seller.
Q: How to return a faulty vehicle during the warranty period?
A: The procedure for returning a car will depend on the time frame for contacting the seller. I talked about this in more detail in the article How to return a car after purchasing it to a car dealership in 2021 - step-by-step instructions.
About the consequences of tuning
You should be careful if you want to upgrade a machine that is under warranty. Even the installation of a new alarm may be enough to deny further free servicing of the car. Other tuning elements also have an impact, giving the car non-standard equipment.
Whether to install an additional alarm system is up to everyone to decide for themselves. However, it is worth considering that in each case the situation is analyzed individually. To eliminate the possibility of ambiguous interpretation when installing additional equipment, we recommend that you contact an official service center for this purpose, which sometimes the dealer has nothing to do with.
The following systems can be legally installed there:
- multimedia block;
- front and rear parking sensors;
- branded alarm system, etc.
You should not artificially increase the power of cars by chipping without additional strengthening of the mechanical part. Adjusting the torque leads to an imbalance and an increase in loads on the components and systems of the car. Not only the engine suffers, but also the transmission, suspension, and fuel system.
Remember
- A car warranty is an obligation of the car manufacturer to make free repairs or replacement of parts (if there is a manufacturing defect) during the established warranty period.
- You can submit a request for repair work within the limits of the warranty specified in the contract/service book. If such a period is less than 2 years or is not determined by the manufacturer, it is 2 years.
- If the period of warranty repair is not determined by the parties in writing, the work is carried out immediately. If the period is agreed upon by the parties, it should not exceed 45 days.
- If the car is not drivable, ask the seller to provide a free tow truck.
Have you ever had your car repaired for free under warranty? Have there been any problems?
What to do if there was no refusal of warranty repair, but the repair was not done?
“From a legal point of view, if the warranty repair of a car is not carried out by the dealer within the period established by law, this is equivalent to a refusal to carry out repairs,” this is the position taken by lawyers from the consumer rights protection society Consumer Alliance.
After all, the dealer, under various pretexts, can postpone the decision to carry out repairs indefinitely. For example, they will tell you that spare parts have been ordered to repair your car, and they are coming from Moscow, or from the country of the manufacturer, for example, England.
At the same time, your claim under the warranty is not properly recorded, and if after a month or two problems arise with the repair, then legally it will turn out that you did not even contact the dealer and everything will have to start all over again.
It also happens that the dealer forces the car owner to sign an agreement under which the period of warranty repairs is extended by the period of delivery of the necessary spare parts. That is, it turns out that the warranty repair period does not begin to expire until the spare part arrives at the dealer.
This is illegal and such agreements to extend the repair period are declared invalid in court.
We had a case when a person contacted us who had been waiting for repairs for almost 8 months, and all this time the dealer had logical explanations for why the repairs were being delayed.
In such situations, without clearly understanding the legal significance of what is happening at the moment, car owners can be in such a “limbo” for months, and only when they are completely tired of it do they begin to take some action.
Guided by their own experience of judicial work in such cases, specialists of the consumer rights protection society can already easily determine by a number of signs whether in a given situation they should expect warranty repairs from the dealer or whether they should act differently.
As practice shows, if warranty repairs are not done within a reasonable time, some problems begin (no response from Moscow, spare parts are on the way, etc.), then, most likely, the dealer will no longer carry out warranty repairs voluntarily and you need to start taking action.
Therefore, in such a situation, when the dealer constantly asks you to wait for something, it is better to take certain actions and speed up this process.
We advise you to do this: the dealer has not carried out warranty repairs within 1-2 weeks from the date of your first request - YOU NEED TO ACT!
The main mistakes of buyers
First of all, citizens buying a car are advised to carefully re-read the contract.
It necessarily indicates all the nuances associated with maintenance under the car repair warranty. This applies to both timing and replacement parts, as well as the causes of breakdowns. The mistake most consumers make is ignoring the contents of the contract, which specifies what the car warranty covers.
This is especially important given the different warranty periods determined for individual elements of the car. You should also pay attention to the nature of the breakdown. An example is body repair. Many contracts provide free maintenance only in the event of perforation corrosion, which buyers often do not pay attention to.
Another typical mistake is requesting technical service or installation of additional, non-original parts to a service center that is not among those authorized by the dealer or manufacturer. In this case, the official service, after detecting third-party interference, may refuse to provide the citizen with free service.
It is also important to read the operating instructions for the vehicle and use it exclusively for its intended purpose. Otherwise, the manufacturer may withdraw from its obligation to restore the equipment free of charge, which will lead to serious problems.
Read how to use the Samsung electronic warranty.
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Follow the link for a sample letter of guarantee on the fulfillment of obligations under the contract.
What responsibility does the dealer bear for exceeding the repair time limit?
The current rules in Russia for 2021 determine the maximum repair period for a car under warranty, limited to five days. Any excess of the period is illegal. During this period of time, all work must be completed and the vehicle returned to its rightful owner in good condition.
The consumer has certain rights that he can exercise in such a situation, even when the other party does not have the necessary parts or consumables:
- you can demand the replacement of transport with a new one;
- a refund of the funds spent on the purchase of the car is allowed;
- the car owner can file a claim under which the repairmen will pay 1% of the cost of the vehicle for each day of downtime.
It must be taken into account that for each new installed part after repair the warranty period is reset, so a new period is added.
The seller refuses to repair the car for free: what to do
If the service center refuses to carry out repairs, you need to write a complaint addressed to its manager.
In case of further refusal, you can send it to the dealer, and then to the manufacturer. However, in the latter case, there is a high probability that the manufacturer’s lawyers will not allow the matter to proceed, but will refer the buyer back to the seller.
In this case, the best way out would be to warn the latter about contacting the media and disseminating information about unfair maintenance on the Internet. Since many sellers value their reputation, quite often it is enough to simply inform the dealer about such an opportunity.
If this does not help, you need to file an official complaint and then send it to the seller.
If the latter did not respond or officially refused to carry out repairs, you can go to court. To do this, you should file a claim, as well as collect a documentary base indicating that the service center was supposed to provide service to the vehicle owner free of charge, and had no right to refuse to do so. This is a complex process, so it is recommended to enlist the help of an experienced lawyer who will know what to do.
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Return of spare parts/money
- — Goods ordered due to the Buyer’s mistake are not accepted for return (you can leave such goods to us for SALES, provided that they are new)
- — After receiving the goods - within 7 calendar days (Article 26.1. Remote method of selling goods dated December 21, 2004)
- — Return of purchased spare parts is possible only if the integrity of the packaging, presentation and consumer qualities of the product are preserved. It is also necessary to document payment and receipt of goods.
- — The buyer cannot refuse a product of proper quality if it has certain individual properties - it was manufactured or ordered specifically for him.
- — You cannot return items and goods specified in the List of non-food products of good quality that are not subject to return or exchange, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55.
- — Return of goods/money is made after a written request from the client (SAMPLE APPLICATION). You can send the application to us by email ( [email protected] ) with the subject Application for return, on Viber, WhatsApp ( +79210055877 )
- — Shipping and return are at the buyer’s expense
- — Refunds are made within 10 working days