The concept of a warranty period in the Civil Code of the Russian Federation: types of obligations, liability for violation and other nuances

First of all, the concept of warranty obligations is widespread in the field of purchase and sale. For example, the manufacturer guarantees the buyer that the product he purchased will retain its technical characteristics throughout the entire warranty period, and will also last as long as indicated in the technical documentation. The same applies to services provided, work performed under contracts in the construction industry, as well as supplies.

What it is?

Quality guarantee is a concept that implies full compliance of the subject of the contract with all the quality requirements that are imposed on it during the period specified by law, during which the items are actively used.

According to the Civil Code of the Russian Federation

According to the provisions of Article 470 of the Civil Code of the Russian Federation, warranty obligations imply that the contractor vouches for the quality of the goods transferred to the consumer during the entire warranty period and fully assumes responsibility for eliminating defects discovered during this period.

According to 44-FZ

Part 4 of Article 33 of Federal Law No. 44 of April 5, 2013 also includes the concept of warranty obligations to the consumer.

It includes:

1. Guarantee that the product meets the quality requirements.
2. Requirements for the warranty period.
3. The regulation also describes the scope of guarantees that the manufacturer undertakes to provide.
4. Requirements for servicing goods under warranty.

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The main question: from June 1, the Civil Code replaced the bank guarantee with the concept of an independent guarantee, and the legal regulation of this institution became noticeably more detailed. What has fundamentally changed in the regulation of guarantees, except that they can now be issued not only by banks, but by any commercial organization?

Solution: the innovations solve many old problems (for example, issuing a guarantee using electronic messages), and are also intended to bring the regulation of independent guarantees in Russia in line with international practice. But how some norms will be implemented is not yet entirely clear.

A large-scale reform of the law of obligations, among other things, replaced the institution of bank guarantees in the Civil Code with the institution of independent guarantees. Now any commercial organization has the right to issue a guarantee (clause 3 of Article 368 of the Civil Code of the Russian Federation). The bank guarantee, by the way, has not disappeared anywhere: if a guarantee is issued by a bank or other credit organization, then it is still called a bank guarantee. At the same time, the amendments changed the rules for issuing guarantees and the payment procedure for them.

The change in the Civil Code in terms of regulation of independent guarantees is largely explained by the unification of domestic rules with the provisions of a number of foreign acts. Unlike Russia, the institution of independent guarantees is not new in world practice. Abroad, independent guarantees are regulated by the UN Convention of December 11, 1995 “On Independent Guarantees and Standby Letters of Credit” (you can also find its other name - the UNCITRAL Convention, hereinafter referred to as the Convention) and the Uniform Rules for Demand Guarantees, adopted and approved by the International Chamber of Commerce (ICC Uniform rules for demand guarantees, or URDG, hereinafter referred to as the Rules). In Russia, the provisions of the Convention do not apply (only nine countries have ratified it), and the Rules apply only if they are directly indicated in the agreement of the parties. However, the provisions of these acts can help to understand the innovations of our Civil Code, because the origins of some new norms must be sought there.

New rules on issuing an independent guarantee

The new rules on independent guarantees now apply to any guarantees – both bank and issued by other commercial organizations. Time will tell whether guarantees issued by ordinary companies (not banks) will be in demand by the public. In any case, the new rules also apply when issuing bank guarantees. Moreover, some of the new rules are clearly dispositive in nature - they are worth paying attention to when formulating the conditions for future security.

Rules for the independence of a guarantee from the main obligation.

The principle of independence of a guarantee from the secured obligation was valid in the past. But the new paragraph 1 of Article 368 of the Civil Code especially emphasizes this property - the guarantor is obliged to pay the beneficiary regardless of the validity of the obligation secured by such a guarantee. This idea is further developed in Article 370 of the Civil Code, paragraph 1 of which states that the obligation under a guarantee does not depend on the obligation secured, on the relationship between the principal and the guarantor, as well as on any other obligations, even if the guarantee contains references to them. Moreover, the guarantor does not have the right to raise objections against the beneficiary arising from the secured obligation and from the agreement on the issuance of the guarantee[1]. Also, the guarantor, objecting to the beneficiary’s claim, cannot refer to circumstances not specified in the guarantee (clause 2 of Article 370 of the Civil Code of the Russian Federation).

Another limitation arising from the independence of the guarantee: the guarantor has no right to present to the beneficiary for offset a claim assigned by the principal to the guarantor (clause 3 of Article 370 of the Civil Code of the Russian Federation). But this rule is optional: otherwise it can be specified both in the guarantee itself and in the agreement between the guarantor and the beneficiary. By the way, the rule is formulated in such a way that this limitation on offset applies only to the case of assignment of the claim by the principal. Obviously, it does not apply to other cases of transfer of rights of claim from the principal to the guarantor (for example, by way of subrogation, universal succession). Also, this prohibition formally does not include the receipt of rights of claim against a beneficiary not from the principal directly, but from a third party.

The idea of ​​independence of a guarantee from the main obligation has been developed by another innovation: now the beneficiary of a guarantee can be not only the creditor of the principal, but also any other person. Previously, a guarantee could ensure the fulfillment of the principal’s obligation, as was directly stated in Article 369 of the Civil Code. As of June 1, this article has become invalid. From now on, the legal relationship between the beneficiary and the principal goes beyond the direct legal relationship between the guarantor and the beneficiary. Therefore, the principal and the debtor under the main obligation may be different persons.

Requirements for the form and content of the guarantee.

An independent guarantee, as before, is issued in writing, which makes it possible to reliably determine the terms of the guarantee and verify the authenticity of its issuance (clause 2 of Article 368 of the Civil Code of the Russian Federation). But this norm, speaking of written form, refers to the new paragraph 2 of Article 434 of the Civil Code, which allows the conclusion of an agreement, including through the exchange of electronic messages.

WE QUOTE THE DOCUMENT

An agreement in writing can be concluded by drawing up one document signed by the parties, as well as by exchanging letters, telegrams, telexes, telefaxes and other documents, including electronic documents transmitted via communication channels, allowing one to reliably establish that the document comes from the party under the contract (clause 2 of article 434 of the Civil Code of the Russian Federation).

Obviously, here the legislator has finally legalized the possibility of issuing bank guarantees, in particular, through the exchange of SWIFT messages, which has long been used both in international and Russian practice. Despite the absence of special rules in the previous edition of the Civil Code, this practice was allowed by the Plenum of the Supreme Arbitration Court of the Russian Federation in paragraph 3 of Resolution No. 14 dated March 23, 2012 “On certain issues in the practice of resolving disputes related to challenging bank guarantees.”

If there are no difficulties in identifying a bank in the SWIFT telecommunications system, then the possibility of issuing guarantees by ordinary companies using ordinary email raises doubts. Paragraph 2 of Article 368 of the Civil Code, speaking about the written form of a guarantee, refers to paragraph 2 of Article 434 of the Civil Code, which, as a condition for the possibility of concluding contracts through the exchange of electronic documents, mentions the transfer of such documents through communication channels that allow reliably identifying the sender. Whether the concept of such communication channels includes e-mail messaging is an open question. An electronic signature is usually used to identify the sender of a legally significant message. It serves to determine the person signing the information (Clause 1, Article 2 of the Federal Law of 04/06/11 No. 63-FZ “On Electronic Signature”). Paragraph 2 of Article 434 of the Civil Code does not say anything about the need to use an electronic signature when concluding contracts by exchanging electronic messages, but the code retains the general rule for transactions: a transaction in writing must be completed by drawing up a document expressing its content and signed by the person or persons making a transaction (Clause 1 of Article 160 of the Civil Code of the Russian Federation). Special legislation involves the use of electronic signatures when concluding civil contracts and formalizing other legal relations through the exchange of electronic messages (Clause 4, Article 11 of the Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection”). In addition, paragraph 2 of Article 368 of the Civil Code states that the form of the guarantee must allow one to verify the authenticity of its issuance by a certain person in the manner established by law, customs or an agreement between the guarantor and the beneficiary. In practice, the signature of the guarantor is a mandatory attribute.

At the same time, the Plenum of the Supreme Arbitration Court of the Russian Federation indicated that failure to comply with the simple written form of a bank guarantee does not entail its invalidity - according to paragraph 1 of Article 162 of the Civil Code, interested parties have the right to provide written and other evidence confirming the transaction and its conditions (paragraph 2, paragraph 3 of the resolution dated 03/23/12 No. 14).

Until there is current clarification on this matter, it is risky to rely on the ability to issue an independent guarantee using a regular email message without an electronic signature.

The legislator took the path of directly listing the mandatory information that must be reflected in its text. In addition to indicating the principal, beneficiary and guarantor, you must also indicate the main obligation, the performance of which is secured by the guarantee, the amount of money to be paid (or the procedure for determining it), the validity period of the guarantee, as well as the circumstances upon the occurrence of which the amount of the guarantee must be paid (p 4, Article 368 of the Civil Code of the Russian Federation). All of these are essential terms of the guarantee. Moreover, it is now directly permitted to issue guarantees with “floating” amounts, that is, to include in them a condition that the guarantee amount may be reduced or increased upon the occurrence of a certain period or a certain event.

In addition, the rules on guarantees now also apply in cases where the obligation of the person who provided the security is to transfer shares, bonds or things defined by generic characteristics, unless otherwise follows from the essence of the relationship (Clause 5 of Article 368 of the Civil Code of the Russian Federation).

Revocation of warranty.

Unless otherwise provided in the agreement, the guarantee comes into force from the moment it is sent (transferred) by the guarantor (Article 373 of the Civil Code of the Russian Federation). The previous edition contained less precise wording - the guarantee came into force from the moment of issue. Such a terminological difference should not confuse - essentially nothing has changed at the moment of entry into force. In this case, the guarantor does not have the right to change or revoke the guarantee (clause 1 of Article 371 of the Civil Code of the Russian Federation), but this rule is dispositive. If the guarantee provides for the possibility of changing or revoking it, then it can be changed or revoked in the same form in which the guarantee itself was issued (clause 2 of Article 371 of the Civil Code of the Russian Federation). True, this rule can also be changed in the guarantee itself (provide for a different form of revocation or change in the terms of the guarantee). You can also indicate in the guarantee that its change or revocation is possible only with the consent of the beneficiary. In this case, the guarantor’s obligation is considered modified or terminated from the moment the guarantor receives the consent of the beneficiary (clause 3 of Article 371 of the Civil Code of the Russian Federation). A change in the guarantor's obligation after the issuance of an independent guarantee to the principal does not affect the rights and obligations of the principal, unless the principal later consents to the change (clause 4 of Article 371 of the Civil Code of the Russian Federation). Probably, what we are talking about here is that such a unilateral change cannot in any way change, for example, the amount of compensation that the principal will have to compensate, or increase the warranty period.

Consideration of the beneficiary's claim and possible reaction of the guarantor

The new edition of the Civil Code established specific deadlines for the guarantor to perform certain actions before he receives the beneficiary’s claim (the vague concept of a reasonable period was used for these purposes). In addition to the obligation to make payment, the guarantor has the right to refuse payment or suspend payment.

Referral and consideration of the beneficiary's claim.

As before, the beneficiary submits the claim in writing and attaches to it the documents specified in the guarantee. But now in the request (or in the application) the guarantor indicates the circumstances, the occurrence of which entails payment under an independent guarantee (clause 1 of Article 375 of the Civil Code of the Russian Federation). According to the previous edition, it was necessary to indicate the violation of the main obligation committed by the principal. Another wording suggests that payment under an independent guarantee may not be associated with a breach of obligation, but may be based on the occurrence of another circumstance.

The guarantor, having received the demand with attachments, sends copies of them to the principal (clause 1 of Article 375 of the Civil Code of the Russian Federation). The guarantor is obliged to consider the beneficiary's request and the documents attached to it within five days from the day following the date of receipt of the documents[2]. For the first time, the Code defines what exactly the guarantor must do - check the compliance of the beneficiary’s request with the conditions of an independent guarantee, and also evaluate the documents attached to it based on external features (clause 3 of Article 375 of the Civil Code of the Russian Federation). Within the same period, he is obliged to make payment under the guarantee if he considers the demand appropriate (clause 2 of Article 375 of the Civil Code of the Russian Federation). The parties have the right to set a different period in the text of the independent guarantee, but in any case it cannot exceed thirty days.

Refusal to pay and suspension of payment.

The law retains the previous grounds for refusing payment. There are only two of them: the beneficiary’s presentation of a claim outside the validity period of the guarantee and the non-compliance of the claim itself or the documents attached to it with the conditions of an independent guarantee (Clause 1 of Article 376 of the Civil Code of the Russian Federation). But now the guarantor also has the opportunity to suspend payment under the guarantee for up to seven days (clause 2 of Article 376 of the Civil Code of the Russian Federation), notifying the reason and period of suspension to the beneficiary and the principal (clause 3 of Article 376 of the Civil Code of the Russian Federation).

The list of grounds for suspending payment is broader than for refusing payment. Moreover, among these grounds even appears the invalidity of the principal’s grounded obligation secured by a guarantee, despite the principle of independence of the guarantee from the validity of the main obligation (Clause 1 of Article 368 of the Civil Code of the Russian Federation). This suggests that the possibility of suspending payment under the guarantee does not mean the possibility of subsequent refusal to pay under it. Moreover, if there are no grounds for refusal to pay, the guarantor is obliged to make a payment at the end of the period of suspension of payment (clause 5 of Article 376 of the Civil Code of the Russian Federation).

WE QUOTE THE DOCUMENT

The Guarantor has the right to suspend payment for up to seven days if it has reasonable grounds to believe that:

1) any of the documents presented to him are unreliable;

2) the circumstance in the event of which the independent guarantee ensured the interests of the beneficiary did not arise;

3) the main obligation of the principal, secured by an independent guarantee, is invalid;

4) fulfillment of the principal’s main obligation was accepted by the beneficiary without any objections (clause 2 of Article 376 of the Civil Code of the Russian Federation).

Why is there a possibility of suspending payments in cases that still cannot become a basis for refusing payment? The provisions of the Civil Code on independent guarantees do not provide a direct answer to this question. The possibility of suspension of payment is most likely borrowed from Article 19 of the Convention. But unlike our Civil Code, the Convention does not provide for the possibility of refusing payment under a guarantee, and the suspension is used so that the guarantor or the principal can apply to the court with a request for preliminary interim measures against the beneficiary and, within the framework of the process, find out whether pay under the guarantee. The Civil Code does not provide for such an algorithm of actions for the guarantor. In addition, the Convention provides for the right of the guarantor to suspend payment in the event of dishonest actions of the beneficiary that impede the fulfillment of the main obligation, and the Civil Code has its own special list of grounds for suspending payment.

In such cases as the beneficiary's presentation of false documents and the beneficiary's acceptance of execution from the principal, the beneficiary's bad faith is evident - the use of false documents or an attempt to obtain repeated execution from the guarantor after execution has already been received from the principal. An attempt by a beneficiary to receive payment under a guarantee in the event of the invalidity of the secured obligation or if this obligation has not arisen at all (subparagraph 2.3, paragraph 2 of Article 376 of the Civil Code of the Russian Federation) can also be regarded as dishonest behavior, although, as we remember, the new edition of the Civil Code placed even greater emphasis on the independent nature of the guarantee.

Perhaps the key to what the guarantor should do after the suspension of payment has expired, if the audit confirms his suspicions regarding the circumstances specified in paragraph 2 of Article 376 of the Civil Code, is Article 375.1 of the Civil Code.

WE QUOTE THE DOCUMENT

The beneficiary is obliged to compensate the guarantor or principal for losses caused due to the fact that the documents presented by him were unreliable or the demand presented was unfounded (Article 375.1 of the Civil Code of the Russian Federation).

It may be that the guarantor, after verification, pays the money, despite confirmation of the beneficiary’s dishonest behavior, and then, on the basis of Article 379 of the Civil Code, recovers this amount from the principal. Within the meaning of this article, the guarantor has the right to recover the amount paid under the guarantee from the principal in all cases, except for those when the payment did not take place in accordance with the terms of the guarantee (that is, except for those cases where the guarantor had the legal opportunity to refuse payment, and in the situation under consideration such there was no possibility). The principal, in turn, can then recover this money from the beneficiary based on Article 375.1 of the Civil Code. But the question remains whether the cases referred to in subparagraphs 2-4 of paragraph 2 of Article 376 of the Civil Code (when the beneficiary demanded payment, although the circumstance in the event of which the independent guarantee provided interests of the beneficiary did not arise, or when the principal obligation of the principal, secured by an independent guarantee, turned out to be invalid, or if the principal, at the time of making a claim under the guarantee, had already performed the principal obligation to the beneficiary, and he accepted the performance without objection). With this logic of development of events, the period for which the guarantor suspends payment allows him to warn the principal about possible risks, and for both of them to prepare for upcoming lawsuits.

Undoubtedly, the option described above is not the most effective and efficient for both the guarantor and the principal. Other, much more convenient options are not excluded. It can be assumed that in situations where an audit confirms the circumstances suspected by the guarantor, specified in paragraph 2 of Article 376 of the Civil Code, but there are no grounds for refusing payment, the guarantor has the right to use the protection measures provided by the general provisions of the Civil Code. The first option is to still refuse the payment, and when the beneficiary goes to court, justify your position with evidence collected during the inspection and a reference to the fact that the beneficiary is abusing the right, trying to take advantage of his dishonest behavior (Clause 1, Article 4, clause 1.2 of Article 10 of the Civil Code of the Russian Federation). It is possible that the court will deny the beneficiary's claim.

Another option is that the guarantor himself can promptly file a claim in court to recognize the claim for payment of the guarantee amount as unenforceable, or, which seems more logical in the circumstances under consideration, convince the principal to file such a claim, immediately seeking the application of interim measures[3]. As an interim measure, you can demand, for example, a ban on the guarantor making payment under the guarantee - this is quite possible, given that the list of interim measures is not exhaustive (Part 1 of Article 90 of the Arbitration Procedure Code of the Russian Federation). This claim falls under such a method of protecting the right as the suppression of actions that violate the right or create a threat of its violation (paragraph 3 of Article 12 of the Civil Code of the Russian Federation). The legal basis for the requirement can be the same paragraph 4 of Article 1 of the Civil Code on the inadmissibility of taking advantage of illegal or dishonest behavior, and a violation of the rights of the guarantor or principal is expressed in the losses that they may incur due to an attempt by the beneficiary to abuse his right to payment under the guarantee . True, in this case, in order to increase the chances of the court accepting an interim measure, it is better to deposit the amount payable under the guarantee with the court (Article 94 of the Arbitration Procedure Code of the Russian Federation). Despite the temporary withdrawal of funds from circulation, this is a more expeditious option than payment under a guarantee and subsequent recovery of losses from the beneficiary.

Assessing the effectiveness of an independent guarantee in Russia

The popularity of independent guarantees will likely be hampered by the financial instability of non-bank guarantor companies and the risks to the guarantor companies themselves.

Abroad (mainly in the USA), along with standby letters of credit, independent guarantees have become widespread due to the stability of civil turnover and the convenience of the legal mechanism for regulating such guarantees. It is easy for beneficiaries not only to receive payment under such guarantees, but also to protect their rights in court. Before the corresponding changes were made to the Civil Code, the institution of an independent guarantee was absent in Russia. With the advent of legal regulation of such guarantees in the Civil Code, one problem is removed, but in any case, a guarantee issued by someone other than a bank is not as attractive to the beneficiary as a bank guarantee (largely due to the low solvency of most companies and their lack of liquid assets). If a guarantee is issued by a credit institution, the chance of receiving “real” money is much higher. It is likely that an assessment of the financial stability of the guarantor (especially in an economic crisis) will be the decisive argument when choosing between bank and independent guarantees. It is important to remember that independent guarantees also carry certain risks for both the guarantor companies and the principals and beneficiaries. There are two most obvious risks. Thus, guarantor companies should be confident in the solvency of the principals, since they are the ones who reimburse the money paid under the guarantee to the beneficiary. And principals and beneficiaries need to be very careful in choosing a guarantor. It is possible that the guarantee will be issued by a company that is financially sound only externally, on paper.

If an independent guarantee is issued by a non-profit organization or a citizen, then such a guarantee is not considered invalid. The rules on the surety agreement are simply applied to it (paragraph 2, paragraph 3, article 368 of the Civil Code of the Russian Federation).

As a general rule, the transfer by a beneficiary of the rights of claim to the guarantor under an independent guarantee is not allowed, unless otherwise provided in the text of the guarantee itself. At the same time, simultaneously with the assignment of rights of claim under a guarantee, a mandatory condition is the assignment of rights of claim under the main obligation to the same person (Article 372 of the Civil Code of the Russian Federation).

[1] Rather, this rule suggests that the guarantor can still raise objections against the beneficiary when the latter is clearly abusing his rights. For example, he tries to get double compensation - both from the principal and from the guarantor. Therefore, the norm does not talk about a total ban on any objections (otherwise it would lead to the tacit legalization of abuses). More recently (though in relation to the norms of the previous edition of the Civil Code of the Russian Federation), the possibility of raising such objections was allowed by the Judicial Collegium for Economic Disputes of the Supreme Court (ruling of the Supreme Court dated May 20, 2015 in case No. A56-78718/2012).

[2] The standard does not specify which days are meant – calendar or working days. Both the Convention and the Rules talk about working days, but since the new norms of the Civil Code of the Russian Federation do not provide special rules in this regard, it remains to be guided by the general rules for calculating deadlines (Articles 191-193 of the Civil Code of the Russian Federation). Consequently, the period must be calculated in calendar days, but if the last day falls on a non-working day, then the end of the period is considered to be the next working day. Even in previous practice, based on the old version of the Civil Code of the Russian Federation, guarantees, as a rule, contained specific deadlines established in working days. This practice is likely to continue.

[3] The principal has a very real interest in filing such a claim: it is more effective to help the guarantor immediately avoid payment than to later reimburse him for this amount at his own expense and, in turn, try to demand it from the beneficiary on the basis of Article 375.1 of the Civil Code of the Russian Federation.

Types

After the buyer has purchased the product, along with it he receives the manufacturer’s warranty, which is intended to confirm:

• Compliance of the product with the required parameters upon purchase.
• The period during which the product will be able to perform the required functions without interruption.

Article 470 of the Civil Code of the Russian Federation defines 2 types of warranty obligations that can be issued for goods:

• Legal.
• Negotiable.

Legal

The concept of legal warranty obligations is regulated by clause 1 of Article 470 of the Civil Code of the Russian Federation and implies the statement of the seller of the specified product that at the time of the transaction there were no defects in it that could affect its value or ability to be used for its intended purpose, as well as the fact that The product will function properly throughout the entire warranty period.

Additional or contractual guarantee

Additional or contractual warranty obligations are described in paragraph 3 of Article 470 of the Civil Code of the Russian Federation and represent the seller’s responsibility for the fact that the product transferred to the consumer will uninterruptedly and fully perform the declared functions throughout the entire warranty period. The contractual warranty applies to all components of the product unless otherwise agreed.

On May 1, 2021, a new version of Part 4 of Article 33 of Federal Law No. 44 came into force, according to which the customer has the right to establish requirements for warranty obligations on the part of the contractor if the need arises.

Lawsuit

Depending on the relationship between the parties to the contracts, claims are filed in different courts. If a dispute arises between legal entities, then the claim is addressed to the arbitration court.

IMPORTANT: in disputes about consumer rights, the statement of claim is sent to a court of general jurisdiction according to the rules of the Civil Procedure Code.

The plaintiff indicates in the claim violations of rights, circumstances, requirements for the defendant, for example, to repair. The plaintiff also needs to confirm what is stated with evidence (the claim and the response to it).

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Contract

When concluding a contract, the following obligations are recognized:

• Retention of part of the customer's funds.
• Compensation for losses incurred by the customer in the event of detection of inadequate quality of work performed.
• Repeated execution of the agreed work in the event that its quality does not meet the requirements of Russian legislation and the terms of the concluded contract, and repair work is not possible.
• Warranty repairs at the expense of the contractor if defects are detected during the entire warranty period.

Equipment supplies

Since delivery is a special case of a sales contract, the supplier also provides the consumer with guarantees, in accordance with which the supplied products must meet the buyer’s requirements at the time of the transaction and after it during the warranty period specified in the supply contract.

In accordance with paragraphs 1 and 2 of Article 477 of the Civil Code of the Russian Federation, if the buyer discovers a defect or defect in the goods received, he has the right to demand acceptance and repair of the goods at the expense of the supplier.

The law also establishes a period during which the seller undertakes to fulfill his obligations - 45 days from the date of receipt of the product from the consumer unless it is proven that the technical problems were the result of improper operation on the part of the buyer (clause 2 of Article 476 of the Civil Code of the Russian Federation).

If the product in respect of which the seller undertakes to fulfill its warranty obligations belongs to the category of durable goods, the consumer will be able to demand a replacement for a product of similar properties for the period of repair work (clause 2 of Article 20 of the Law of the Russian Federation No. 2300-I).

Documentation

The return of goods is accompanied by the preparation of documents that describe the reasons and grounds for the return. Among them:

• a complaint to the supplier organization about improper fulfillment of the terms of the contract for a specific product (its detailed details are required);
• invoices for goods;
• an act that confirms the fact that the quantity of goods supplied is insufficient or its quality is poor. Compiled in free form or according to the TORG-2 standard;
• return invoice based on the act, in the form TORG-12. It indicates the number and other details of the act, the invoice data for the receipt of goods and the total cost of goods and materials.

Such documents allow you to make a return between legal entities and prepare the appropriate financial, legal and accounting reports.

If the seller does not want to cooperate, and the matter goes to court, then the following documents are attached to the above documents:

1. The lawsuit itself.
2. Copies of documents identifying the plaintiff.
3. Copy of the agreement.
4. Documents confirming the status of a legal entity (buyer).
5. A copy of the receipt for payment of the court fee.
6. The seller's written refusal of the claim.
7. Examination results.

The concept of the period during which the warranty for a product is valid according to the PSA, and who sets it?

The concept of a warranty period is disclosed in the text of Federal Law No. 2300-I “On the Protection of Consumer Rights” . In accordance with this regulatory act, the warranty period is a period of time during which the product transferred to the consumer must function uninterruptedly and meet all the indicators declared by the manufacturer.

The warranty period begins at the time of purchase of the product by the buyer. In the event that the date of purchase cannot be determined, the countdown of warranty obligations automatically begins from the day of actual production of the product (Article 19 of this law).

If the product was purchased in an online store, or the product can only be used during the corresponding season, the warranty begins to apply after the product is delivered to the buyer or at the time of the year for which the product was intended.

Buyer's rights

Russian legislation provides that the buyer, after purchasing the goods, has the right to:

1. Receive a refund of the full or partial cost of the product from the seller of the defective product.
2. Warranty repairs at the expense of the seller.
3. Receive a similar product in exchange for a low-quality product.
4. Expect a commensurate reduction in cost.

It is the responsibility of the seller, product manufacturer or importing company to respond to warranty obligations if the goods were imported into the Russian Federation from abroad.

Conditions for warranty service

In addition to the supplier’s obligation to provide warranty service, the government contract must also specify the procedure by which this service will be provided. The requirements are not established by law, therefore they are the result of an agreement between the parties. You can stipulate:

• the procedure and period for the customer to notify the supplier, contractor, performer of identified deficiencies in the product, work or service;
• the procedure for recording an identified deficiency, for example, the parties may agree on the need to draw up a joint report on the identified deficiencies or on the mandatory conduct of an independent examination of the causes of the deficiency;
• on whose territory the repairs are being carried out;
• repair period;
• the seller's obligation to provide a similar product during the repair process.

After renovation work

In the event of a breakdown of a product that is under warranty, the date it was submitted for repair is necessarily recorded, and the period during which the consumer was not able to actually use it due to the product being repaired is deducted from the warranty period.

For example, if the initial warranty period for a product is 2 years, if it breaks down and is sent for repairs for 45 days, the warranty period of the product is also extended by the time spent on repair work.

If the product belongs to the category of durable goods, the seller undertakes to provide the consumer with a replacement for the entire period of repair work. Delivery of the replacement product must be made within three days from the date the product is submitted for repair at the expense of the seller.

The buyer has the right to notify the seller of defects discovered by him in the purchased goods during the entire established warranty period. If the warranty period was less than 24 months, and the defect was discovered by the consumer after the expiration of the warranty period, but within 2 years, the seller is also responsible for the defects discovered.

Responsibility when performing work and providing services

Responsibility for the provision of services of inadequate quality is established at the legislative level. For failure to fulfill his duties or insufficient quality of work performed, the contractor may be held liable in the form of:

• Compensation for losses incurred by the consumer.
• Payment of a penalty (fine or penalty) determined in accordance with the contract.
• Interest payments.

In accordance with the rules described in paragraph 1 of Article 393 of the Civil Code of the Russian Federation, a debtor who has not fulfilled its obligations must fully compensate the consumer for losses incurred in connection with this. In accordance with paragraph 2 of Article 15 of the Civil Code of the Russian Federation, damages include not only actual damage incurred, but also lost profits, i.e., funds that the injured party could have received if the counterparty had fulfilled its obligations in good faith.

Payment of a fine, penalty or penalty for failure to fulfill his obligations does not relieve the contractor from fulfilling the obligations assigned to him (clause 1 of Article 396 of the Civil Code of the Russian Federation).

Each company may have its own guarantee nuances, but they should not contradict the law. We have prepared for you warranty information from Lenovo, Iqos, Apple, Bosh, Ikea, DNS, .

Providing a guarantee

The bank has the right to request the client to provide a guarantee. It could be:

• collateral : real estate, equipment, car or other property belonging to the client;
• guarantee of another financially reliable organization.

If the terms of the transaction are violated, the bank will compensate the losses to the injured party, and the client will need to return the money to the bank or transfer ownership of the collateral. If another entity guarantees for the client, then repayment of the debt to the bank will fall on him.