Car service guarantee for car repair work

The consumer simply must know his rights, otherwise there will be many problems with warranty repairs. Often, when sending a car to a car service center for repairs, the car owner does not even imagine what difficulties he will have to face.

How often are repair deadlines extended without the client’s consent? Or the craftsmen do not allow you to control the progress of repair work. Another problem is the lack of spare parts or suppliers take too long to deliver them.

And how much trouble a poorly executed repair can cause. The consequences can be quite severe, even catastrophic. The car can burn out or get into an accident due to breakdowns. The result is repairs, waiting and new malfunctions.

Knowing his rights, the owner of a faulty car can easily avoid problems caused by negligent repairmen.

A separate article can be devoted to the problem of poor-quality repairs.

There is one more feature in a car service - they repair something you didn’t ask for, and then demand you pay for the costs. And it comes to the point that they simply won’t give you the car back until you pay all the unforeseen expenses imposed by the craftsmen.

Based on all of the above, various questions arise. For example, is it possible to file a claim against a car service center? Does the law provide for the liability of service stations for incorrect actions?

In addition, I would like to know what the car owner can expect from the service center in case of overdue repairs, poor quality services, etc.

Warranty provided by a car service center for vehicle repairs

It is best for the car owner to maintain a relationship with the seller. Because, in accordance with the provisions of the Law, the obligation to provide warranty repairs is assumed by the seller.

The service center cannot assume warranty obligations, which is why the demand from them is low. According to the Consumer Protection Law, manufacturers are responsible for ensuring that their products operate without interruption during the warranty period.

The contract concluded between the buyer and seller must contain terms that comply with legal requirements. At the same time, there should not be a deterioration in conditions for the buyer. The seller can only improve them.

If you are interested in the conditions under which warranty repairs are possible, please read the contents of the service book. This document is drawn up by the manufacturer and is located with all technical and other documentation for the car. It is worth noting that the terms and conditions of warranty repairs vary from manufacturer to manufacturer.

One of the most important stages in the operation of a car is the first 15 days after the goods are handed over to the buyer.

It is during this period that you have the right not only to demand that any defects that appear be eliminated free of charge. You can safely demand a replacement car or a refund of the money spent on the purchase.

It is true that the breakdown should not be insignificant. If your light bulb just burns out, no one will change your car.

All faults that are discovered after this period cannot be a reason for an unconditional refund or replacement of the machine. Here other rules are already beginning to apply.

The car was not repaired on time, that is, the contractor did not have time to do it within 45 days - demand payment of a penalty, which is equal to 1% of the cost of the car, for each extra day.

The fact is that dealers know the laws well, so they often manipulate customers who have little knowledge of the intricacies of warranty repairs.

Their cunning sometimes goes so far that instead of making a note about accepting the car for warranty repairs, a note is made about accepting the car for diagnostics.

Quite often, repair delays are attributed to the lack of necessary spare parts at the center. It should be noted that large service centers usually always have basic spare parts, which are subject to rapid wear and tear and often break down.

Of course, service warehouses are not full of spare parts such as engines or gearboxes, since these parts rarely fail.

If spare parts are unavailable, the dealer orders them from the manufacturer. Then everything goes according to the established scheme. Parts are ordered and sent to the customer. There shouldn't be any special problems. Delays in repairs are often associated with high workload of service centers.

When submitting your car for warranty repair, make sure that the documents record exactly the purpose for which you contacted the service center.

If you decide to write a claim, do not forget that you need to make two copies. One of them remains with you, and the second you give to the performer. By the way, your copy should have a mark indicating acceptance of the claim.

In the event that you have not signed a claim, no one guarantees that the car will be, as it were, undergoing diagnostics for a long time, but no one will repair it.

They didn’t sign the claim for you - take the car. If you used a tow truck to deliver the car, demand compensation for expenses (be sure to take a receipt for the provision of tow truck services).

Sometimes it is important to send a claim to the seller by registered mail with notification. Subsequently, if such a need suddenly arises, this paper can become evidence in court.

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.

Documents issued after vehicle repairs

After the repair, when handing over the car, you should be given the following documents - a work order (invoice drawn up in program 1 C) and a cash receipt.

If the machine is under warranty, a record of the repair work performed must be made in the service book.

How is a work order filled out?

This document contains information about the work performed, the time spent, the cost of one hour and the cost of the work as a whole. In addition, the used consumables, fuels and lubricants, and spare parts are recorded in the work order.

What warranty is given for the car?

What to do if the warranty repair period is violated, read here.

How to write a claim for car warranty repair, read the link:

Next, the technician provides information about your car, who performed what work, and who is responsible for what. At the end the master’s signature, date and seal are placed.

The return of the vehicle from repair must be accompanied by the delivery to the owner of a written report on the work performed.

How exactly this report will be formatted does not matter, the main thing is that it contains the following information:

• the date the buyer applied for warranty repairs;
• when the car was handed over for repairs;
• what work was carried out and when;
• spare parts and parts used in repairs;
• date of transfer of the car to the owner.

Warranty periods

The warranty period begins from the moment the work is completed or the vehicle is handed over to the customer. Before, during or after work (provision of services), you can familiarize yourself with the warranty terms.

The duration and composition of the warranty may be changed up or down depending on the make, model of the car, spare parts used (original, analogue), materials and methods used.

It is not possible to establish a single warranty period for all brands and models of cars, as well as spare parts and their modifications due to their huge number. Therefore, the duration and composition of guarantees are determined individually, but according to a unified methodology.

Below are the “hospital average” warranty periods for various types of work.

• Body repair: painting of body parts - 2 years

Explanation. If you see a warranty period of 6 months, this does not mean that it will be exactly that. Depending on the work carried out, the condition of spare parts (units, assemblies), identified malfunctions (defects) that can affect the operation of the vehicle, the warranty period may be revised up or down.

If you do not find the work, service or spare part you are looking for in the list, contact us and clarify the information.

Rights and obligations of a car service when carrying out repair work on a car

What rights does the client have when contacting the service center:

• The service center should not provide you with additional services that you did not agree on, especially since you are not obligated to pay for them;

• The service station does not have the right to force you to purchase parts, arguing that otherwise they will not be able to fulfill the order;

• When you purchased some spare parts yourself, but they are not suitable or are of poor quality, the service center personnel are obliged to notify you of this fact. If you have asked not to carry out replacements until you find another way, work will accordingly be suspended. If the contractor did not warn the owner about this situation, he cannot use this fact for his own purposes. Let's assume that you purchased a part for your car yourself, but it turned out to be of poor quality. Nobody informed you about this. The result of the lack of agreement was a new breakdown of the car. It is clear that you will be dissatisfied with the quality of the repair and file a claim with the contractor. But the service station will not be able to justify its actions by saying that it was you who provided them with a low-quality part. Continuing to consider the previous example, it is worth noting that if you did not listen to the technicians’ comments about the poor quality of spare parts, about the impact of their installation on the operation of the machine as a whole, the service station may demand termination of the contract for repair work;

• If additional faults were discovered at the car service that could pose a threat to your safety on the roads, you should be notified of this fact. You have received information, but refuse additional repair work; the service station is obliged to include information about the detected breakdowns in all possible documents related to the repair of this machine. Entries must be signed by the performer and you.

• The requirement to draw up an estimate is completely legal. It must be studied, confirmed with a signature and attached to the contract. By the way, if there is no indication that the estimate is approximate, it automatically becomes firm. A firm estimate implies its immutability, that is, you cannot reduce it, and the STO cannot increase it. Although in some situations it is possible to influence the size of the estimate, we are talking about an increase in the cost of spare parts, labor and other nuances that were impossible to foresee. In the event that you do not agree to change the firm estimate, the service station may terminate your contract with him through the court. If the contractor sees the need to increase the estimate, he is obliged to warn you. If you refuse, the service has the right to terminate the contract. Moreover, his demand for payment for work performed complies with the law. When you have not been told that the estimate will be exceeded, they cannot demand more payment than stated in the document ;

• The deadlines for completing repair work must not be violated;

• When new parts have been installed on the car, you should be given a certificate-invoice;

• Repairers are required to provide you with a detailed report on the spare parts, materials, etc. used. Unused materials are returned to the client or their price is reduced;
• Faulty parts that were replaced at the service station are returned to the client;

• If you are dissatisfied with the quality of the work performed, you may request a special inspection. In this case, the car service pays for the examination. If the examination proves that all the work performed is of high quality, and the contractor has fulfilled the terms of the contract, the costs will be borne by you. But if both parties insisted on the inspection, then they must share the costs equally;

• By presenting its spare parts and materials for repair, the service station is responsible for their quality.

How to apply for warranty

If a warranty case occurs, contact us using any communication method available to us and convenient for you - personal visit to the service center, telephone, instant messenger, email. We will agree on a date and time for inspecting the vehicle, inspect it and, if a warranty claim is confirmed, we will begin repair work.

When applying for a warranty, provide a document confirming the service provided by our service, for example, a contract or work order, as well as a vehicle passport.

Spare parts replaced under warranty become our property.

If, as a result of the diagnostics, it is established that we are not involved in the identified malfunctions (defects), or even their absence, you pay for the vehicle diagnostics.

Rights of the car owner when repairing vehicles in a car service center

So, you, as a consumer, have the right to receive car repair services and also demand that they meet the deadlines. But besides this, you can also take advantage of other consumer rights.

You can:

• Monitor the progress of repair work (you cannot interfere with the process itself);

• Terminate the contract with the service station. But at the same time you are obliged to pay for all work performed. If, in addition to the agreed upon work, additional work was carried out without your knowledge, then you are not obliged to pay for it;

• The transfer of the car will take place only after full payment for the work performed, with the exception of those that you did not agree on;

• When receiving a car from repair, conduct a full inspection of it. Check if any defects have appeared. Most importantly, evaluate the performance of the parts that were repaired or replaced;

• If any deficiencies are found, spare parts are replaced, or some components are missing, please notify the contractor. Identified deficiencies must be reflected in the relevant documentation. Do not rush to point out the absence of complaints. If you have already made such a record, then you will no longer be able to prove the presence of deficiencies;
• If you have any complaints regarding repairs, be sure to indicate them (in writing);

• Sometimes shortcomings are hidden from the consumer and can reveal themselves over time. So, if little time has passed since the car was returned from repair, write a claim addressed to the contractor;

• If the car has lost its functionality (in whole or in part), and this is the fault of the service station, demand that they provide you with another car. Your requirements must be fulfilled within three days. If this fails, you will be required to reimburse the cost of the car or lost parts twice as much. In addition, the service must reimburse all your expenses;

• When you are dissatisfied with the result of the repair, initiate an independent examination. The costs will be yours;

• In case of delay in the terms established in the contract, demand payment of a penalty for each day of delay.

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Limitation of Warranties

The warranty does not apply (non-warranty cases):

• for normal wear and tear
• for diagnostic work
• for various types of adjustments
• for spare parts (units, assemblies, materials) of the customer
• for spare parts (units, assemblies) not intended for use by the manufacturer
• for spare parts (units, assemblies) purchased from us, incorrectly installed not by us
• for consumables (technical fluids, candles, filters, etc.)
• on wear parts (brake discs, pads, clutch discs, belts, etc.)
• for any mechanical damage not caused by us
• for used spare parts that have not been completely restored or restored by us
• for partially restored spare parts (units, assemblies)
• for burnout of electrical components of the vehicle through no fault of ours
• for defects (malfunctions) that have appeared due to the use of unsuitable technical fluids
• for malfunctions caused by untimely elimination of other malfunctions
• for malfunctions caused by aggressive operation of the vehicle
• for malfunctions caused by interference of unauthorized persons in the operation of vehicle mechanisms
• in case of violation of the vehicle operating rules stated by the manufacturer
• if our recommendations are not followed (repair, maintenance, operation, vehicle care, etc.)
• for other defects (malfunctions) that have arisen beyond our control (accidents, exposure to third parties, aggressive environment, increased load, fire, flood, etc.)
• for any other spare parts (components, assemblies) for which we did not carry out repair work and which did not directly lead to malfunctions (defects) of other spare parts (components, assemblies)

Faults covered by warranty

When selling a car, the car dealership is obliged to familiarize the buyer with the terms of warranty service.
This information may be contained in the sales contract, service book, or a separate document signed by the parties.

Since the full list of warranty parts and assemblies is large, many automobile companies limit themselves to a list of items that cannot be replaced.

Documents containing warranty obligations must indicate:

• validity period, conditions of preservation and cases of loss;
• parts covered by a limited warranty;
• consumables that are not included in the warranty service.

A period of 1 year or 20 thousand km is usually installed on brake drums, accumulator, oil seals and gaskets, gaskets, shock absorbers, bushings.

The warranty does not cover filters, spark plugs, pads, various fluids, lamps and fuses.

If the dealer refuses to provide car service

The service may refuse service, insisting that the breakdown was caused by improper operation of the machine.
Based on paragraph 5 of Article 18 of the Law, the dealer is obliged to conduct an examination at his own expense, which the owner has the right to attend. You can challenge the results in court. If it is proven that the cause of the breakdown is the operation of the car, the owner will have to reimburse the cost of the examination.

The salon may refer to bad gasoline, incorrectly selected consumables, or try to trace the cause of the breakdown to the cases specified in paragraphs 4.16.1, 4.16.2 of the Regulations.

The auto store does not have the right to impose more stringent conditions than those specified in the Law. Even if the buyer signed such a document, the court will invalidate it.

How to properly file a claim?

To resolve the dispute out of court, it is necessary to draw up a claim and send it to the seller. The main requirement will duplicate the meaning of the repair application - to eliminate the malfunction as soon as possible.

The claim should indicate:

• car owner details;
• vehicle registration details;
• the total warranty period and at the time of writing the application;
• a detailed description of the deficiency;
• the date and place of the first request, as well as data on the provision of the car for service and subsequent visits;
• contents of the refusal;
• requirement to eliminate the defect;
• list of attached documents.

Copies of the application, work order and other supporting documents are attached to the claim. You can hand it over personally to the dealer and receive a mark of acceptance on the second copy, or send it by registered mail, making a list of the attachments.

If there is no response to the demand or it turns out to be negative, the buyer can go to court. The statement of claim must include information from the complaint and information about the response. Additionally, the owner can seek payment of a penalty, compensation for losses and expenses. The paper to the court must be accompanied by copies of the contract for the car, the service book with notes on the completion of maintenance, the application for repairs, the work order, the response of the car service center, the claim and the reaction to it (if the store ignored the appeal, indicate in the text), an expert opinion, if it was carried out.

The court may order an examination if it did not take place before the meeting, or a repeat examination when one of the parties does not agree with the results. The obligation to pay will be assigned by a court decision to the guilty party.

Cases of legal refusal

According to paragraph 3 of Art. 5 of the Law, the warranty is established by a time period or other units of measurement and begins from the date of purchase. The warranty period cannot be less than that specified in the law and is usually either 2 or 3 years or 100 thousand km. In the second case, the occurrence of one of the conditions terminates the warranty obligations.

Clauses 4.16.1 and 4.16.2 of the Regulations indicate that the refusal will be legal if:

1. The warranty period has expired.
2. The owner has installed parts not authorized by the manufacturer.
3. Equipment supplied that does not correspond to the original one.
4. Vehicle operating rules were violated.
5. Mandatory maintenance has not been completed.
6. Damage to a car as a result of an accident or fire, if it is proven that the cause was not a manufacturing defect. A car after an accident due to the fault of the manufacturer is restored under warranty, and not under CASCO.
7. The repairs and disassembly were carried out by a car repair shop without permission.
8. After the defect was discovered, the owner continued to use the car.
9. The car has taken part in races or is used as a training car.

Delivery of the car to the service center

If the fault does not interfere with traffic, the buyer can come to the service center independently.
When the condition of the car does not allow this, you can use a tow truck. The dealer must provide free delivery of the car. However, the owner can choose another method or company to transport the car.

According to clause 1.7 of the Regulations, these costs must be reimbursed by the seller or manufacturer. To receive a refund, you will need to provide documents confirming the payment made.

Quality control

The owner can monitor the maintenance of his car and control the quality of work based on the Civil Code of the Russian Federation. Presence in production premises is allowed in compliance with safety regulations. At the request of the service center, you must undergo training and sign in the appropriate log.

During the work process, the car mechanic is not required to explain his actions. You can take photos or videos, but you cannot film people without their consent.

You can demand to stop the work and return the car by signing the necessary documents.

Is there a warranty for a purchased used car?

If you purchased a used car, you should know the following:

1. If the warranty has not yet expired, the warranty continues. If there is a breakdown, you should contact the car dealership and get service.
2. 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.