Article 19 of the Law on the Protection of Consumer Rights in the Russian Federation: structure and content, main provisions of the document in matters of calculating warranty periods

The most common consumer requirement when identifying a product defect is warranty repair. According to the law, all costs in connection with its implementation are borne by the seller, manufacturer or organization that imported the goods from abroad (hereinafter referred to as the obligated person). Naturally, avoiding such a burden is one of the primary tasks of the seller (manufacturer, importer).

We have compiled detailed instructions, following which you can achieve high-quality repairs under warranty in a short time.

What you need to know

First, let's look at the main points that you need to know when discovering deficiencies and submitting a repair request.

What shortcomings need to be eliminated?

The defect must be corrected if it was not provided for in the contract and the buyer was not warned about the presence of defects in the goods upon purchase (he did not agree to accept the goods in this form). So, carefully look at the documents for the product, and if they indicate that the product is defective (for example, a refrigerator whose freezer lighting does not work), then such a defect will not be covered by warranty repair.

Is it worth asking for repairs?

Warranty repair is an alternative requirement of the buyer. Instead of repairs, you can demand a refund, replacement of goods, reimbursement of repair costs on your own, etc. The choice of these requirements belongs to the buyer if we are talking about durable goods that are not technically complex goods.

With technically complex goods the situation is more complicated (what is a technically complex product). If the first defect (except for a significant one) is discovered after 15 days after purchase , a technically complex product can only be repaired (exchanged, money cannot be returned).

Therefore, if we are talking about a simple durable product or secondary repair of technically complex products, you should think about it. Perhaps a refund or replacement will be more economically feasible.

Warranty repair periods

There are periods when repairs can be considered under warranty and therefore free of charge. Such deadlines are usually divided into the following categories:

• during the stated warranty period;
• upon expiration of the warranty, but within 2 years;
• after 2 years, but during the service life;
• after 2 years, but within 10 years if the service life is not specified.

Where to go

At his choice, the buyer can contact:

• to the seller;
• the manufacturer of the goods;
• importer (organization that delivered the goods from abroad).

A visual table of the buyer's request for warranty repairs.

Non-warranty cases

Please note that not all breakdowns may be subject to warranty repair. The seller (manufacturer, importer) is not obliged to eliminate defects free of charge if they arise due to:

• careless use (for example, dropping a smartphone on a hard surface);
• improper use (for example, using a blender to loosen soil for houseplants);
• exposure to natural elements, as well as substances that are incompatible with the performance of the product (for example, liquid getting on a laptop);
• improper transportation or storage of goods (for example, transporting the monitor in a metal car body without fixing or softening materials).

How to return a product under warranty: step-by-step instructions

To submit your equipment for repair under warranty, you need to collect, if possible, all the documents that the seller gave you, and then contact him or the service center. The list of such centers is usually indicated in the warranty card.

Step 1: contact the seller

First, figure out who is doing the repairs - a service center or a store. In any case, they will send the equipment to the masters, but first you need to understand where to take everything. If the coupon states that all questions must be addressed to the center, you will have to go there.

Take the goods and documents with you for warranty repairs: the coupon itself, the receipt, the sales contract, the passport. But even if you don’t have any of this except your passport, you have no right to refuse repairs.

Step 2: Diagnosis

Diagnosis is sometimes carried out on site. For example, if your smartphone is not charging, the seller will take the charger himself and check everything to make sure that there really is a problem.

If there is a breakdown, the goods will be taken away from you, and in return they will issue an acceptance certificate for warranty repairs, which will indicate the date and time of your request and an inventory of the transferred goods.

Diagnostics are not always carried out directly in the store. For example, if it is difficult to quickly check the equipment, this is done at the repair site.

Sample act

Step 3: Carrying out repairs

A third organization will repair the product; only the store or manufacturer is responsible to you.

Step 4: Receiving the item back

When everything is ready, they will call you and tell you to come get the equipment. A certificate of completion of work within the framework of warranty repairs must be issued on site. Save it: you may need it if the work was performed poorly and you will have to apply for secondary repairs or go to court.

Immediately check the functionality of the product and its appearance on the spot. If there are any comments, indicate them in the deed and demand that the seller eliminate them.

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:

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 similar one;
• 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.

Exchange of goods

The right to demand the replacement of a product of inadequate quality with a new product is another way to protect your rights. In this case, the seller is obliged to provide a completely new product that has not been used.

Exchange deadlines

If such a demand is made to the seller, the product must be replaced within 7 days from the date of such demand. And if additional quality control of the goods is necessary - within 20 days.

In cases where, on the day of making such a demand, the seller does not have the goods necessary for replacement, the replacement must be made within 1 month from the date of presentation of the demand.

If it takes more than 7 days to replace the product, as well as with the delivery of the product for repair, the consumer has the right to demand that a similar product be provided free of charge for temporary use for the period necessary to exchange the product. Such goods must be provided to the consumer within 3 days from the date of application.

Procedure for the buyer in case of refusal of the seller (manufacturer, importer) from warranty repairs

Give the application and product to the seller

The first two steps of the buyer’s algorithm if the seller is unwilling to provide warranty service are similar to the actions if the seller voluntarily satisfies his demands for the elimination of product defects. Therefore, without stopping there, we move on.

The seller refers to a non-warranty case

The seller/manufacturer/importer, after checking the quality, does not accept the obligation to provide free repairs, speaking of a non-warranty case. The situation can develop in two scenarios:

1. the seller organizes and conducts an examination of product quality;
2. the obligated person refuses further manipulations with the goods, citing the sufficiency of quality control on their own.

In the first case (when the seller plans to submit the goods for examination), the goods must be packaged, sealed and signed by the parties.

The packaging must be opened by an expert during a commodity examination in the presence of the buyer.

In the second case , when the seller refuses the examination, these events are organized by the consumer himself.

The seller agrees with the examination that is positive for the buyer

With such results of the examination, the seller’s actions are usually aimed at satisfying the requirement to repair the defect, since the obligated person understands that the outcome of the dispute has already been predetermined in favor of the consumer and further litigation does not promise him anything other than additional expenses. In addition, the search for those who are right and wrong may disrupt the repair period, which gives the buyer the right to make a new, more severe demand (including refusal of the purchase and sale agreement and the return of money paid for the item).

Going to court

However, there are not isolated cases when a supplier goes all-in to the end. Such a person can be forced to carry out warranty repairs only by a court decision.

If the purchaser has applied for warranty repairs in a timely manner and in the prescribed form, and the expert opinion confirms that the consumer is right, then the case is a winning one.

Before going to court, the future defendant is sent a claim. It refers to the expert opinion. If the claim is rejected, it must be attached to the claim. And if no response is received, simply indicate this in the statement of claim. Leaving a claim unanswered is equivalent to a refusal to satisfy it.

Naturally, the preparation and conduct of the case in court should be carried out by a professional (lawyer, lawyer, representative of the consumer rights protection committee).

Execution of a court decision

After the court decision comes into force, receive a writ of execution and submit it to the bailiff department. The bailiffs will do the rest.

Comparative table of buyer actions for various positions of the obligated person

Refund

Another consumer right in the event of purchasing a product of inadequate quality is the right to demand a refund for the defective product.
This requirement must be made in writing on a claim form.

Contents of the claim

Here's what you should include in your claim:

• personal data (full name, phone number, email);
• store address, its name;
• date of purchase;
• name of the product (brand, model, serial number, etc.);
• payment method (cash or credit card);
• a detailed description of the detected deficiencies and under what circumstances they were discovered);
• payment documents (payment receipt (if available), statement from your bank account);
• demand for the return of a sum of money;
• if the purchase was purchased by non-cash payment, indicate the bank account number to which the money for the goods should be returned, full name and full name.

The claim is drawn up in 2 copies, one of which is handed over to the seller, the other copy remains with the buyer, on which it is mandatory to require the seller to put a mark of acceptance, indicating the date, as well as the position of the person who accepted the claim. This is an extremely important step that buyers often overlook.

However, if for some reason the consumer does not have a sales receipt, this is not a reason for the seller to refuse to satisfy his demands (Clause 5 of Article 18 of the Law on the Protection of Consumer Rights).

Return deadlines

The law establishes a 10-day period for returning money for goods from the date of presentation of the demand.

Refusal to return

In the event that the seller refuses to return the money and offers the buyer to make repairs, but the buyer does not want this, it is necessary to clearly understand that such behavior of the seller is illegal.

In your application for a refund, you can separately state that the buyer does not agree to repairs, but insists solely on a refund. And here it does not matter whether the seller voiced an offer for repairs or not.

If the seller refuses to accept a claim from the buyer, do not be upset. Sending a claim by registered mail with notification is also considered as proper compliance with the mandatory pre-trial dispute resolution procedure.

Refusal to return money for goods can only be justified in the following cases:

• the defects were caused by the buyer;
• expiration date has expired

About the warranty period

When carrying out repairs, the warranty period is suspended for the period from the moment the claim is made until the product is returned to the consumer. If there was a legal dispute and the case was in favor of the buyer, then the entire period of legal proceedings is also not counted towards the warranty period.

For example , the warranty period for a TV is 1 year and is set from 01/01/2020 to 01/01/2021. The consumer contacted the seller on 12/30/2020. Repairs were carried out until 01/15/2021. As a result, the product warranty will be valid until 01/17/2021 G.

It should be borne in mind that if during the repair a component part is replaced, for which a separate warranty was established in addition to the warranty for the product as a whole, then a new warranty is established for the replaced part of the same duration as it was before the replacement. Its period runs from the moment the goods are transferred to the buyer.

For example , a laptop included a power supply with a 6-month warranty. After 5 months, the laptop broke down and was sent in for repair. As a result of the repair, the laptop's video card was replaced and the power supply was replaced. The warranty period for the laptop remains the same (minus the repair period), and the power supply has a new warranty of 6 months, which begins to be calculated from the moment the product is returned to the buyer.

Analysis of individual situations

Here are a few situations in which stores often violate consumer rights:

1. My smartphone is broken and they won’t give me another one to replace it.
2. Repairs are denied due to lack of receipt.
3. The product cannot be repaired and no refunds are given.
4. They refused to repair it under warranty.
5. The repair was done poorly.

Let's look at each question in detail.

The phone is broken

If your smartphone is broken, you can change it or request a refund only within 15 days from the date of purchase. But free repairs are carried out during the entire warranty period.

You also have the right to demand that the seller provide you with a smartphone during the repair period. He is obliged to do this within three days from the date of presentation of such a demand.

No receipt

Some people don’t know whether a box and a receipt are needed for warranty repairs, and what to do if they are missing:

1. No box. When you buy a product, you buy it, not the packaging. Therefore, you can submit it for warranty repairs without it, and the seller has no right to refuse you.
2. No receipt. In Art. 18 of Law No. 2300-1 clearly states that the absence of a receipt is not a basis for refusing a request for replacement, return or elimination of deficiencies.

The product cannot be repaired

If specialists have identified serious defects and the product cannot be repaired due to a manufacturing defect or significant defects due to the fault of the store, you are required to return the money for it in full. It doesn’t matter how much time has passed since the purchase: 2 weeks or six months.

They may also refuse to repair if experts have determined that the equipment broke down due to your fault. But sellers are not always honest with buyers, and sometimes it turns out that the elimination of deficiencies is unreasonably refused.

Secondary repair

While the warranty is valid, you can request repairs an unlimited number of times. But this is not very pleasant: new defects in a repaired product are unlikely to make anyone happy.

In such a situation, you have two options:

1. Write a complaint to the seller about poor quality repairs and demand that he correct the situation.
2. Return the goods if allowed by law or agreement with the seller.

Secondary repairs are subject to the same deadlines that the store must meet – 45 days.

About primary and secondary repairs

Primary repair is when a product defect occurs and is repaired for the first time.

Secondary repair – repeated repair is required if the defect appears repeatedly. In this case, it does not matter what the frequency of the defect is (exactly the same defect or of a different nature), the main thing is that the same product must be repaired more than once.

Attention! If the product has several defects at once, but this is the first time you have requested repairs, then such a one-time repair will be primary, regardless of the number of defects being eliminated.

This question arises acutely when there are shortcomings in a technically complex product, since the primary or secondary nature of the repair determines the set of powers of the consumer. Let us remind you that if there is a significant deficiency, the choice of consumer requirements does not depend on the number of repairs.

A visual table of consumer requirements for a technically complex product.

In what cases does the bank act as a guarantor of the transaction?

Based on the specifics of the agreement, within the framework of which one of the parties is provided with protection from potential losses and non-compliance with agreements, four types of guarantees are distinguished.

Tender

Security provided for the implementation of government procurement in accordance with the provisions of 44-FZ and 223-FZ. In this case, the obligation is qualified as irrevocable, which makes it impossible to change the conditions or make a refusal decision. It is used when submitting an application for participation in tenders, for the purpose of executing received contracts, as well as as confirmation of the quality of goods or work performed. The beneficiary is the customer, and the obligatory criterion is the guarantor's compliance with the requirements of the governing law and government regulations.

So, by contacting the SEA BANK, you can receive a favorable offer for issuing bank guarantees under 44-FZ and 223-FZ.

Negotiated

They are used in situations where the state is not involved in the transaction, and are divided into three categories:

• Advance payments are relevant for circumstances when the contractor receives an advance payment, which will need to be reimbursed in the event of failure to fulfill obligations.
• Warranty - confirms the fulfillment of the terms of the contract determined by the parties, and in case of violation allows compensation for the penalty.
• Payment - eliminate the possibility of refusal to pay for work performed or products supplied.

A bank guarantee scheme of this type can be implemented by any commercial organization.

Tax

A financial instrument that allows you to obtain a deferment for paying excise duties and taxes, as well as speed up the VAT refund procedure. Thanks to this method, additional savings are possible, which is important for small companies. Only banks that have received the approval of the Ministry of Finance can be involved in the status of guarantors, while the parties to the agreement are taxpayers and the Federal Tax Service (as a beneficiary).

Customs

An option for enterprises and private entrepreneurs conducting foreign economic activities that involve transporting products across borders. Commercial transactions with foreign partners are formalized in a special manner, requiring consideration of legal nuances. The guarantee is used to confirm the timely payment of duty tariffs, provided that the credit institution is included in the list approved by the Federal Customs Service.

Compensation for consumer expenses for repairs made by yourself or a third party

The buyer is not prohibited from making repairs himself and subsequently recovering costs from the seller. Sometimes the buyer does not trust repairs to third parties or organizations simply unknown to him. Or situations arise when repairs cannot wait for delays, and also when the remoteness of the seller does not allow timely notification of warranty repairs. However, there are several important points that determine the success of the implementation of such a buyer's right. Let's take a closer look.

Who can make repairs

So, repair of a product defect can be carried out:

• by the buyer himself;
• by a third party.

In turn, third parties are:

• any outsider (both citizen and organization);
• a specialized organization (certified specialist) that has the right to carry out repair work taking into account work experience, existing license, accreditation, certification, etc.

What expenses are reimbursed?

1) If the repair was made by the buyer himself:

• cost of spare parts, components, etc.;
• costs for the delivery of spare parts and components, if it is impossible, due to their specificity and rarity, to be purchased at the place of repair;
• costs of consumables (glue, hardware, seals, wires, etc.);
• the cost of disposable tools and devices for repairs.

2) If the repairs were carried out by an outside organization (specialist), the costs include the cost of:

• spare parts, components, as well as their delivery;
• Supplies;
• disposable instruments and devices;
• work performed in accordance with the established price list (price list) or within the average market price.

How are repair costs reimbursed? Option #1

The law does not provide clear rules for satisfying this requirement. Therefore, one should proceed from the prevailing practice and optimality of achieving the goal. It is best to adhere to the following algorithm.

Stage No. 1. First, the buyer must notify the seller (manufacturer, importer) about the detected defect in the product and put forward a requirement that he intends to carry out repairs on his own (sample application).

Stage No. 2. Then present the product to the seller to confirm the warranty case (quality check or examination (in case of a dispute about a defect)). At this stage, the seller or buyer can agree on a preliminary price for the repair. That is, the size is determined based on existing experience in repair work. If the preliminary amount turns out to be less, then the missing difference can subsequently be made up by an additional payment. The general period for payment of compensation for repairs is 10 days from the date of filing the claim.

Stage No. 3. Organize repairs.

Stage No. 4. Submit a cost report (sample) with documents confirming the repairs and costs. When the defect is corrected on its own, the buyer submits receipts for spare parts, materials, etc. When repairs are carried out by a third party, an act of work performed, a certificate of the cost of materials, a delivery note, an invoice, etc. (in a word, documents, usually drawn up by organizations and entrepreneurs in confirmation of work).

If there are no such documents, you can contact an appraiser who will give an opinion on the cost of repairs. True, it will not be possible to recover the cost of such a conclusion from the seller.

How are repair costs reimbursed? Option No. 2

An alternative procedure is for the buyer to contact the obligated person with a request to reimburse the costs of repairs after they have been carried out. This procedure is not prohibited by law. However, if a controversial situation arises, the buyer must prove to the seller that the product had a defect that he eliminated, and also justify the costly part of the repair. This task is not easy.

What are the restrictions?

The warranty may stipulate that the elimination of product defects must be carried out by a specialized organization (certified specialist) that has the necessary approvals (compliance with established requirements) for such work. Without compliance with such requirements, repairs may be considered improper, and the costs for them may not be reimbursed. Moreover, this may cause the product to be removed from further warranty.

This, of course, does not mean that the buyer is deprived of the right to choose a specialist in whom he is confident, or to carry out independent repairs. The question comes down only to the complexity and features of the product that has failed. For example, the law provides for a license for the maintenance and repair of medical equipment. Therefore, the repair of, say, a blood pressure monitor by an organization that does not have the specified license will be illegal. For the same reason, the consumer cannot repair this product himself.

It’s another matter if the seller imposes repairs only from accredited specialists (organizations). The buyer can order repairs from any person who has the appropriate permit, license, or certificate to carry out such work. Whether it is included in the list of recommended organizations of the seller is no longer important, and this does not affect the legality of the buyer’s claims for reimbursement of expenses.

However, it must be borne in mind that in a controversial situation, the seller can conduct an examination of the qualifications of the repair. And if the work does not meet accepted standards, the buyer’s intention to reimburse expenses will be unauthorized.

Ensuring contract and warranty obligations

44 of the Federal Law does not oblige suppliers to ensure obligations for repair and maintenance of the result of the contract. Only its execution is ensured. But as of July 1, 2019, changes to 44 Federal Laws come into force, under which warranty obligations will be provided. The following rules are planned:

• the form of security is chosen by the supplier;
• security is provided before the final acceptance of the results of the agreement; without this, acceptance is impossible;
• the amount of security is not more than 10% of the agreement amount;
• the security period exceeds the warranty period by at least one month.

Guarantee obligations will be secured either in cash or by a bank guarantee. If the contractor under the contract does not fulfill the requirements for guarantee service, the state customer will either recover the provided amount of money or apply to the bank that issued the bank guarantee for payment of the security amount.

Difficult situations

Additional actions requiring payment

Sometimes the seller, during repairs, may take additional actions that go beyond the scope of warranty repairs (for example, when repairing a computer, an updated version of the operating system is installed). Often the seller explains this by the need for the product to perform better and demands payment for this.

If these works and services were provided without the knowledge (without permission) of the buyer, then payment is not required. All costs incurred are the responsibility of the seller. He will not be able to forcibly collect them from the consumer, even through court.

Declaring repairs out of warranty

A similar situation occurs when the product is accepted for warranty repair, the defects are corrected, and then it is declared that the case was not covered by warranty. That is, the repairs were of a commercial nature and must be paid for. The deceived owner of the item is not obliged to pay. Even if the defect in the product is clearly related to the buyer’s fault and the seller provides evidence confirming this fact (an expert opinion, a certificate from a service center, etc.), the consumer will not have any obligation to reimburse the seller’s expenses. This situation will be interpreted as a manifestation of the seller’s goodwill in providing free repairs.

Service guarantee

Unlike contract contracts, service contracts oblige the contractor to perform certain actions within the time specified in the agreement. The Civil Code does not establish special rules for warranty obligations under service contracts. Rules similar to works contracts apply. But when establishing a guarantee, it is necessary to take into account the specifics of the service. A guarantee cannot be established for intangible services. For example, for oral consultations or translation of texts.

Advantages

To formulate the answer to the question of why bank guarantees are needed, in simple terms - to ensure confidence that circumstances such as the counterparty’s dishonesty, financial problems, or the discrepancy between the declared quality of work and the actual results will not in any way affect the beneficiary’s receipt of the promised funds. All that is required to satisfy his interests is the submission of a request for payment, properly executed. At the same time, the credit institution does not delve into the details of the situation and does not understand whether the obligations were actually fulfilled within the agreed time frame and properly, or whether problems actually arose that did not allow fulfilling the terms of the agreement.

At the same time, for the principal, a bank guarantee is an opportunity to do without withdrawing money from circulation, and to obtain the desired result without resorting to providing collateral or surety.