Refusal of warranty repair: reasons and grounds, sample claim

After purchasing a product, the user may be faced with the problem of eliminating identified defects or restoring the functionality of the equipment. According to Art. 18 clause 1 of the PLA for non-food products, the manufacturer is obliged to provide a guarantee. This is the basic requirement that can be presented to the manufacturer or seller if a defect is detected. However, citizens are often faced with refusal of warranty repairs. In some cases there are legal grounds for this, in others there is an offense.

Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the protection of consumer rights”

Consumer rights under Federal Law No. 2300-1

Consumer rights are covered in Federal Law No. 2300-1 - the law on protecting the interests of buyers.
The regulations establish the right to carry out repairs as part of free servicing within the time frame specified by the manufacturer. The presence or absence of the ability to restore the operation of the device affects the price. Therefore, evasion of work entails prosecution under the Civil Code and the Criminal Code of Russia. Refusal to repair under warranty is a violation of the client’s rights in satisfying his interests. Such actions are also considered to ignore dealers, sellers and manufacturers. This is expressed in written or oral format.

When a refusal is considered unfounded

The seller cannot refuse warranty repairs for the following reasons:

Due to lack of original packaging or warranty card.
Due to incomplete configuration. For this reason, they can only refuse a return, but not warranty service.
Due to violation of operating rules, if these rules are not specified in the documents for the product.

Before applying for warranty repairs, you should study the coupon - all the conditions will be indicated there.

What is the legal period for returning goods to the store and what to do if the seller refuses to return the purchase price?

Do I need to keep the box for warranty?

Grounds for refusal to repair under warranty

Each product comes with separate free service conditions. Therefore, before purchasing, you need to study the characteristics of the product, as well as the nuances from the manufacturer. For example, failure to comply with the terms of use will result in the revocation of the right to provide free services.

The legal basis for refusing warranty repairs is:

mechanical impact;
improper use;
The defect was caused by the buyer.

Please note: if the identified defect was due to the fault of the manufacturer (poor quality materials, casting defects, human error during assembly), then the equipment is restored at the expense of the seller.

When contacting an authorized service center, the user must provide:

pay slips or other proof of purchase;
those. documentation;
container;
other papers related to the product.

When, during the initial inspection, the store has doubts about the reasons for the breakdown of the device, the seller has the right to send the product for examination. A citizen has similar powers in case of disagreement with evading the guarantee.

What is the warranty period

The repair period cannot exceed 45 days in total over 12 months. In a situation where products are delayed at the ASC, the buyer is paid a penalty.
In this case, the factors that influenced the exceeding of deadlines do not matter.

What should be attached to the document?

Prepare photocopies of all documentation and receipts associated with the product, including the warranty card. The entire package of documents can be submitted along with the claim to the service ( don’t forget to keep copies of everything you give! ).

As a rule, the faulty product is also returned to the seller along with the claim; check its contents. Even with a broken item, handle it carefully - if you damage it while carrying it, it will be impossible to prove that this happened before the main breakdown!

How to hand over paper correctly?

It is best to send a complaint by registered mail (this way the letter will not be “lost”). It is also possible to personally hand it over to the store or service center staff. The secretary of the organization or the shift supervisor must accept it and sign it in front of you.

If for any reason they refuse to accept your complaint, call the store’s main office or the manufacturer’s representative office. Be sure to make a copy of the complaint for your records. You can just send it to your local consumer protection society.

Customer actions in case of refusal of warranty service

In case of refusal of warranty repair, the citizen must obtain an official written certificate from the manufacturer’s representatives (seller, dealer). Additionally, before visiting the service center, prepare photocopies of pay slips and other documents, and make a request to the ASC to receive a certificate of completed activities. The text of the document must contain information:

list of works;
the reason for the deficiency;
consequences;
other.

Note: the act of completion of work is the only document that serves as evidence that the user is not at fault. The absence of such a document is grounds for filing a complaint with the supervisory authorities.

Sample note on refusal of warranty repair

The only reason for refusal of warranty repair is indicated in Art. 18 paragraph 6 of the PLA, i.e. only in the presence of extenuating circumstances. Such situations include defects that arise due to a security breach during:

delivery;
storage;
use;
actions of third parties;
influence of force majeure circumstances.

Read also: Law on advertising of medical goods and services

If the seller or dealer gives feedback on the treatment with the wording - “The product is removed from warranty service due to violation of the terms of use” - this is not a legal basis for evading responsibilities. This is due to the fact that the Federal Law “On the Protection of Consumer Rights” does not contain such a condition. Therefore, responsible persons do not have the right to cancel the warranty period established by the manufacturer.

Steps to take when filing a claim for refusal of warranty repair:

application in 2 copies. write to the director of the organization;
attach photocopies of pay slips, papers, acts;
the essence of the breakdown is described;
set out requirements to restore the goods free of charge;
one copy of the document remains with the organization, the second copy is marked as acceptance of the application (kept by the user).

Please note: the acceptance note must contain the full name and position of the responsible person.

An additional requirement must be to conduct an examination:

If a controversial situation arises, the store is obliged to check the goods at its own expense.
The organization transfers the products to the ASC.
The service employee analyzes the causes of evasion of repairs under warranty.
If a dealer submits a request for research, the user may be denied a certificate. However, a citizen can demand a copy of the document and be present during the examination.

The consumer has the right to analyze the product at his own expense. But if the manufacturer is found to be at fault, the buyer can recover compensation and expenses from the seller. The citizen’s guilt in the defect that occurred is not confirmed if the examination report contains only the cause of the defect, and the source is not identified.

Note: the client has the authority to require the seller or dealer to be present during the examination. It doesn’t matter whether the product is analyzed at the expense of the store or the buyer.

After receiving an act on the basis of which the fault for the defect lies with the importer, seller or manufacturer, the citizen can write an application for restoration of functions.

Going to court

If the claim was ignored by the seller and the repair was never carried out, it is possible to go to court.
You can recover from the violator:

compensation for losses;
a penalty for untimely satisfaction of claims in the amount of 1% of the cost of the goods for each overdue day;
a fine of 50% of the amount awarded by the court for failure to comply with consumer requirements voluntarily.

The claim can be filed in court at the place of your residence, location of the defendant, or conclusion of the agreement.

Some purchase and sale agreements include a jurisdiction clause. In this case, you need to focus on it.

If the amount of the claim does not exceed 100 thousand rubles, the application must be sent to the magistrate's court. If the cost is higher, the appeal is made to the district court. The applicant is exempt from paying state duty if the value of the claim is up to 1 million rubles.

When considering a case, the court may order an independent expert examination. If the applicant is found to be correct, the costs will be borne by the seller. Otherwise, payment is made by the plaintiff.

Documentation

When going to court, the plaintiff must have a complete set of documents.
It includes the following papers:

contract of sale;
documents confirming the fact of payment;
warranty card;
product instruction manual;
a copy of the application for warranty repairs;
a copy of the refusal from the seller or from the service center;
a copy of the complaint sent to the center’s management;
expert opinion.

Sample claim

The statement of claim is drawn up in an official business style, citing the facts.
When filing, you can use this sample: Download a sample statement of claim for refusal of warranty repairs

Attention! The claim must not contain emotional phrases, obscene expressions, threats, or insults. If such words are present, consideration of the case may be refused.

The statement of claim must include:

details of the plaintiff (last name, first name, patronymic, residential address, contact telephone number);
name of the judicial authority;
defendant’s data (store name, address, information about the manager);
fact of purchase of goods (date, time, place);
fact of detection of defects;
actions that were taken before going to court (visiting a service center, receiving a refusal, filing a claim);
requirements for the defendant (to carry out repairs, compensate for expenses);
list of attached documents.

Making a claim

It is better to draw up examples and samples of refusal of warranty repairs in individual situations, as well as claims for violations. Below we consider the actions of a citizen when the store ignores his interests in providing free service to his smartphone.

When filing an application to refuse warranty repairs, you must:

adhere to business style and office work rules;
do not show emotions;
use short sentences;
indicate only the essence of the complaint, avoiding unnecessary detail - if necessary, the organization will independently contact the citizen and receive additional information.

Sample claim

The rules for filling out the document are as follows.

First, information about the recipient of the claim is indicated, i.e. information about the organization:

store name;
location address;
contacts.

Then information about the applicant is written down:

FULL NAME.;
registration or residence address;
phone number and email.

Specifying an email allows you to quickly contact a citizen if the subscriber is unavailable.

Document's name. In this case, it is important to indicate the wording - “Claim for refusal of warranty service for a smartphone.”
Introductory part. You need to enter your last name, first name, and patronymic. Then provide your passport information and date of birth. This part also contains the date of purchase of the product, a description of the model, as well as the place where the transaction was concluded. Additionally - information about the ASC, if the application to the organization took place. Further, a reference is made to the PLA stating that all goods are subject to a mandatory warranty.
Main part. The reasons for the appeal are indicated here, i.e. evasion of free service. If a citizen has an examination report and it does not establish the reason for the refusal, then this should be indicated without specifying details. In a situation where a smartphone check reveals violations in the use of the product, the owner indicates disagreement with the conclusions of the ACS employee.
Links to laws. The buyer-seller relationship is governed by the provisions of Federal Law No. 2300-1. The regulatory act establishes the right to free service for a period established by the manufacturer.
Final part. At the end of the application, the user indicates the word “Please” and lists the requirements according to the list. It is necessary to indicate the need to restore the functionality of the phone, compensate for the damage, and bring the responsible persons to punishment.
Date and signature with transcript.
Application. It is appropriate to attach copies of payment receipts, product documents, technical information. passport, examination report from the ASC, written testimony of eyewitnesses.

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The review period for refusal of warranty repairs is 30 days.

Pre-trial settlement procedure

How to properly file a claim?

The claim must be made in two copies - one remains with the service, the other with a note about acceptance by you. This is necessary so that you have proof of your visit and use of the service.

The document itself details the essence of the complaint, a description of the product malfunction, indicates the fact of fair use, and your requirements to the seller/organization.

Important! The employee accepting your claim must sign it in front of you, affix the date of receipt and stamp it.

The text of the complaint itself does not have a general template. But for it to have legal force, it must contain:

Your personal data, including passports, phone number.
Details and name of the manufacturer in whose name the claim is being submitted, place and date of purchase of the defective product.
Next comes the seller’s personal data, product description and warranty period.
In a separate paragraph, describe the defect in the product and under what circumstances it was detected.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 302-76-94

Where to contact in case of refusal

Experts recommend contacting supervisory agencies in the following situations:

a service center employee or a representative of the organization refuses to accept the application;
the results of the examination are not satisfactory to the user;
the employee of the ASC or store does not provide a copy of the report on the work performed.

In these cases, as well as if there is no doubt about your position and there is a refusal to provide free service, you must contact the supervisory authorities:

Rospotrebnadzor - the claim is submitted in person, by Russian post or remotely.
To the prosecutor's office - when violations are detected.
Court - a statement of claim for violations of the provisions of Federal Law No. 2300-1 is not subject to payment of state duty.

Note: if the product is included in a technically complex category, then an examination is required before returning the money or repairing it.

In what time frame must a response be given?

According to the law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 No. 59-FZ, the period is 30 calendar days. However, this period may be increased or shortened in case of claims from a consumer/individual. But in most cases, the period is set at one/one and a half months. But it may happen that the response period may be extended by another 30 days, but in this case you must be notified of this.

If you are ignored, this is already a serious violation of the law, and you can contact the prosecutor’s office and/or RosPotrebNadzor. The main thing is that you have proof of your appeal - a saved email, a mailing form, or other evidence that your appeal was sent.

If it turns out that the measures described above did not have the desired result, then going to court remains a last resort.

Compensation for expenses when contacting third parties

Warranty repairs must be carried out by authorized service centers.
However, this does not indicate that a citizen is obliged to contact only them. If various circumstances arise, it is allowed to transfer products for service to other specialists, subject to high-quality work and the conclusion of an agreement. It is also possible to carry out maintenance on your own, but you must comply with legal regulations. The main condition is who the consumer is turning to:

Third side;
third party company.

These entities must have a license to conduct examinations and be accredited in a certain field. In addition, employees of an organization or individual entrepreneur must undergo certification.

Compensation for the cost of servicing the product, if a citizen repairs it himself, consists of the following points:

spare parts;
details;
materials;
funds paid for transportation;
consumable parts - adhesives, cables, seals, mechanisms, etc.;
disposable instruments used when restoring equipment functions;
third party services;
reimbursement of money spent on delivery of the device to the ASC.

Please note: you can additionally compensate for moral damage. However, to do this you need to go to court and provide evidence. Higher authorities accept cases for consideration in the presence of witness testimony, medical certificates, bank account statements, as well as certificates from the place of work. As a rule, the maximum amount of compensation for moral damage is 5,000 rubles.

Arbitrage practice

Let's consider an example of a case in which the seller initially refused to comply with the buyer's requirements when a malfunction occurred:

A man bought a car from a dealer. After some time, malfunctions arose, he contacted the service center. There they refused to repair it, arguing that the sulfur content in the fuel was too high.

A complaint was also sent to the center - refusal. The regional public organization, in the interests of the plaintiff, went to court with a demand to declare the refusal of warranty service illegal and the work order for the work performed invalid. They also wanted to seek compensation for moral damages, damages and a fine.

Decision No. 2-77/2017 2-3122/2016 2-77/2017(2-3122/2016;)~M-2637/2016 M-2637/2016 dated July 11, 2021 in case No. 2-77/2017 the requirements were partially satisfied. The court ordered the defendant to compensate the cost of spare parts and work to replace them, as well as pay a fine.

User actions if repairs are not carried out

From a legal point of view, the actual failure to carry out free maintenance of products within the established time frame is automatically equated to evasion of duties.
This position is characteristic not only of lawyers in the field of consumer protection, but also of courts. This is due to the fact that the dealer or importer, pointing out various aspects, shifts the responsibility for solving the problem to other organizations. In some cases, the work is simply delayed.

However, if the company notes that spare parts were ordered from America to restore the vehicle, the citizen has the right to demand a refund. This statement is relevant if the terms of service of the vehicle or other equipment are violated. In this case, you need to refer to the provisions of the PZPP.

Lawyer's answers to private questions

How can I sue if I was denied repairs under warranty, but I cannot bring the documents in person?

You can submit a statement of claim and attach scans of all documents through the State Automated System “Justice” if you have a verified account on State Services. But you still have to go to meetings.

I bought a waterproof smartphone, tested it in a river - it got wet and stopped turning on. What to do?

You need to look at the operating conditions in the technical documents. If it says that the smartphone can be used in bodies of water, you have the right to repair under warranty. If it is indicated that there is only a moisture-proof coating from the manufacturer, the fault for the malfunction will be entirely yours.

What happens to the warranty if I return the product for repair?

The warranty period is extended by the number of days during which the product was under repair.

What to do if your car breaks down due to poor fuel quality?

The dealer may refuse to repair, but you can recover compensation from the gas station. To do this, you first need to conduct an examination that will identify the problem and the culprit, then submit a claim. You can go to court if the gas station does not respond to the claim or refuses to resolve the issue pre-trial.

Can they refuse warranty repairs if I have already contacted the service center with the same product and the same fault?

No. In addition, you can demand the return of a technically complex product if it cannot be used for more than 30 days during the year, if it is often repaired (Article 8 of the PZPP).

Phone breakdown

If your phone is broken and the warranty period is still valid, you need to take advantage of the warranty and take it in for repairs. To do this, you should find its packaging, the receipt and warranty card issued upon purchase - all this must be presented at the service center. In addition, sometimes you need to return the charger.

The address of the SC can be found from the documentation included with the phone, or simply from the Internet. In addition, you can return the device to the store where you purchased it, in which case it will be sent to the service center from there.

Once your device has been received, it is assessed by experts. The buyer himself has the right to be present, and it is advisable to use it, since this will reduce the risk of fraud with the result.

During this process, the device is inspected for external damage - if there are any, and they clearly indicate that the breakdown occurred due to external influences, then the phone will not be accepted. If no damage is found, it is accepted for warranty service.

During the test itself, the phone should not be tampered with using a soldering iron, nor should a programmer be connected to it - changing the software is also a repair and cannot be performed during the test, since in this case the repair will not be official and the warranty will be lost.

If the device was accepted and repaired, but after some time the malfunction occurs again, then a new call to the service center is allowed. It is not required very often, and a breakdown may occur due to the fact that the repair was not effective enough, or other parts were damaged during the repair.

To determine whether the breakdown is the fault of the service center specialists, you can conduct an examination. If she confirms the guilt of the personnel who repaired the device, the store will have to pay compensation or replace the phone with a new one.

If you refuse, you should take this issue to court. Often, buyers do not do this because they will have to bear the costs, however, if you are absolutely sure that your rights are being violated in the service center and store, you should not be afraid of them, because they will eventually be fully compensated

Duration of the warranty period

The terms of the guarantee, primarily the length of the period during which it is provided, is a nuance that is often not paid attention to when purchasing, but in vain. After all, there is a big difference whether it is given for six months or a year - phones often break down just six months or a year after purchase, and the warranty will allow you to repair the purchase at the expense of the manufacturer.

By the length of the period, you can even judge the quality of the product - its minimum duration according to the law is generally only 15 days, but usually it is given for six months or a year - and most often a 6-month guarantee is provided for products of lower quality than those whose uninterrupted operation is guaranteed by the manufacturer guaranteed for a year.

Purchasing a cell phone

Regarding the purchase of equipment such as a mobile phone, it should be noted that it belongs to the category of goods that cannot be exchanged or returned subject to proper quality.

But it comes with a warranty, and if the device breaks down during the warranty period, this will serve as a basis for applying for free repairs. It will be satisfied provided that the buyer has kept the warranty card, and also if he has not violated what is stated in the warranty agreement, and the damage is covered by its coverage.

The buyer's procedure if the seller carries out repairs voluntarily

Appear to the seller with a statement

It is necessary to submit a written request to the seller (manufacturer, importer) to eliminate defects in the product free of charge (sample application).
Any person can act on behalf of the buyer under a notarized power of attorney. It is better to entrust such matters to a lawyer or a person experienced in such matters. The application for warranty repair must be handed over to an authorized employee of the seller against signature, that is, the second copy (which will remain with you) must bear the signature of the person who accepted the application, preferably sealed, plus the date.

Transfer the goods

Along with the application, the seller (manufacturer, importer) receives the defective product. By law, the seller is obliged to accept the goods, even if the case turns out to be non-warranty. The transfer of goods for warranty repair must be formalized by an act of acceptance of the goods from the buyer. Such a document must be drawn up by the seller. But be sure to make sure that the document contains the following information:

date of transfer of goods;
from whom the thing was received;
who received the goods;
a detailed description of the product indicating the serial (other identification) number, external damage or traces of use (if any);
presence or absence of factory seals;
description of signs of breakdown according to the buyer;
confirmation by the seller that the case is under warranty and the product is accepted for repair.

You should know that if the goods weigh more than 5 kg or are large, the buyer may require delivery of the goods from the location of the goods for repair and back at the expense and efforts of the seller (manufacturer, importer), or compensate for the costs of independent delivery.

Check the quality of the product

The situation with the transfer of goods and repairs can be complicated if the seller does not immediately recognize the repair as warranty, but intends to conduct a quality check. It is carried out:

immediately upon delivery of the goods;
some time after receiving the goods.

When a quality check is carried out immediately on the spot and the defects of the goods are confirmed, an act of acceptance and transfer of goods for repair from the buyer to the seller (manufacturer, importer) is drawn up immediately after the check. That is, almost at the same time as when submitting demands for free repairs.

In a situation where the seller intends to carry out an inspection later, the goods must be sealed in packaging material (polyethylene, cardboard box, etc.) in such a way as to prevent access to the goods (opening, disassembling, etc.) without the participation of the buyer. The packaging must be signed by the buyer and seller.

The packaging can be opened when the seller checks the goods in the presence of the buyer, which is noted in the document on the goods check. If the seller conducted an inspection without notifying the buyer and opened the package without him, then all the results of the inspection can be questioned.

All these measures are necessary to avoid illegal actions of unscrupulous sellers, creating the appearance of the consumer’s fault for shortcomings. For example , liquid may be deliberately spilled on a laptop, resulting in a short circuit. Under such conditions, naturally, the cause of failure will be supposedly improper operation (ingress of liquid). The blame is thereby shifted to the consumer.

Request a replacement product during repairs

The consumer has the right to receive a similar item during the repair period. To do this, a written application (application sample) is drawn up. The seller is obliged to provide a free temporary replacement of the product within 3 days. But it should be borne in mind that not any product can be obtained for temporary use during the repair period. Not provided:

1.	Cars, motorcycles, jet skis, scooters, yachts, motor boats, etc.;
2.	Electrical household items for personal use (hygienic purposes, toiletry and care items (hair dryers, shaving machines, tongs, etc.), medical items, etc.);
3.	Electrical household appliances for food processing and cooking;
4.	Furniture;
5.	Civilian weapons, components and ammunition for them.

Repair completion time

The law provides for 2 warranty repair periods:

within 45 days with the conclusion of a written agreement on the repair period;
immediately (as far as the level of technical progress allows, depending on the complexity and labor intensity of the repair). In any case, this period should not exceed 45 days.

The period is calculated from the moment the goods are transferred until they are returned to the buyer with the defects eliminated. In this case, quality control, examination, or legal proceedings suspend the total period of warranty repairs. Of course, if it is not the consumer's fault.

There are cases when the seller does not meet the repair deadlines. You should know that the seller cannot have any valid reasons to justify his delay (even in the absence of the necessary materials, spare parts and components, etc.). Therefore, such explanations cannot become the basis for concluding an additional agreement to extend the period of warranty repairs.

If the repair period is not met, the following situations are possible:

the seller and the buyer can draw up an agreement to extend the terms (the agreement is drawn up voluntarily);
The buyer may refuse repairs and make other demands regarding the quality of the product:
replacement with a product of the same brand, but of a different model with recalculation of the price;
refund of money paid;
proportionate reduction in price.

Violation of the terms of warranty repair of a product can be to the advantage of the buyer who has submitted a technically complex product for repair. After all, such a delay allows you to put forward other demands (refund, replacement, etc.), which the consumer cannot initially put forward when a defect is discovered.

However, a buyer who decides to take advantage of the violation of deadlines to put forward new demands must take measures to recover the goods from the obligated person. Otherwise, the seller may repair it (without deadlines) and then it will be difficult to put forward other demands.

In addition, the buyer can simply demand a penalty (fine) for a missed repair period or the deadline for providing goods in exchange for the duration of the repair. The fine is 1 percent of the cost of the goods for each day of delay.

For example , a music center worth 10,000 rubles was put into repair. The buyer made a demand for the provision of a similar product, which was presented not within 3 days, but after 7 days. Accordingly, the delay is 4 days, that is, 4 percent of the cost of the goods (1 percent x 4 days). Thus, the seller must pay a fine of 400 rubles. (4 percent x 10,000 rubles).

The need to pay a fine must be submitted in writing to the seller. Otherwise, it is considered that the buyer waives his right to collect the penalty.

Returning goods after warranty repair

When the repair is completed, the seller notifies the buyer of the opportunity to return the item.

Upon receipt of the goods, you should carefully inspect it for safety and the absence of new defects (which did not exist previously). Demand that they show you the serviceability of the product and provide you with a report (certificate) on the repairs made. The certificate states:

date of submission of the repair request;
when the goods were accepted from the buyer;
repair period;
description of existing deficiencies, used spare parts and components;
confirmation of defect elimination;
date of return of the item to the owner.

Replacement of phone during repair period

Some owners of telephones (and other similar equipment) are not aware of this possibility, but if the device breaks down during the warranty period, they are required not only to repair it free of charge, but also to provide a similar one for the duration of the repair.

To do this, you need to write a statement, after which the seller must provide another phone number within no more than three days. If he does not do this, he will be forced to pay a penalty of 1% of the cost of the phone for every next day during which the repair continues.

We emphasize that the replacement must have the same consumer properties as the failed phone. The list of these properties includes, for example, the presence of a touch screen or camera. That is, instead of an expensive smartphone, you cannot provide the simplest one with only basic functions.