Commitment or document? // BC found out what a manufacturer's warranty is

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When buying expensive new equipment, everyone is usually interested in the warranty period and pay attention to the presence of the corresponding document - service book, warranty card, etc. But even in such cases, problems may arise when you need warranty repairs: disputes about at whose expense the delivery of large goods is carried out, damage during transportation, prolonged repair times, lack of original spare parts, etc.

Here it is important to know what you have the right to count on by law and what responsibility the contractor bears if he is unable to meet these requirements. The warranty periods themselves and the moment they start are also a subject of controversy. Few people know that for most consumer products, the product warranty is up to two years, and the manufacturer, as well as the seller, do not have the right to reduce them. In practice, it is very difficult to return broken equipment to the store later than after a year, and they will probably refuse to accept clothes or shoes after three months.

If the product was purchased without proper registration and a receipt, then it is likely that when you file a claim this will be the reason for refusal. Although the law provides for warranty repairs and the return of goods without documents. Manufacturer's warranty and seller's warranty are different terms, although most buyers do not distinguish between these concepts. In legal practice, the rights of the buyer when returning goods under warranty are of great interest and require special protection, since there are many nuances associated with this area. Consultation with a lawyer will explain the main differences between these two concepts, tell you what kind of guarantee a seller in a store should give for a specific type of product, help you understand what a manufacturer’s warranty means, and restore the buyer’s violated rights when returning goods under warranty.

List of manufacturer's warranty obligations to the consumer

If the consumer submits all the necessary documents, he does not have the right to refuse the repair or replacement service. In the event that the terms of the guarantee are not met, the client may file a claim in court.

Sometimes the selling and buying parties are different entities. Then the period determined by the seller or manufacturer is taken into account. After all, only they are given the right to establish and adjust warranty periods.

In accordance with clause 7, clause 5, art. The seller who offers a product or service for purchase can independently establish a guarantee. This is possible even if the manufacturer has not undertaken any obligations in relation to its product.

If the warranty period is determined by the manufacturer itself, the seller has the right to increase it, but not reduce it in any way. When making a transaction, the buyer can trust both the manufacturer’s and the seller’s guarantees. In any case, request documentary evidence of the guarantee.

Participants in the process

Within the framework of the procedure under consideration, the participation of 3 entities is provided:

• Principal is a person who contacts the bank to receive, on a reimbursable basis, a guarantee of solvency to a potential counterparty. As a rule, private entrepreneurs or enterprises planning to enter into a commercial transaction or participate in a public procurement tender.
• The beneficiary is the direct recipient of funds paid in a situation where the initially agreed terms of the contract were not fulfilled.
• A bank guarantor is a credit institution that provides a written obligation to cover penalties or compensation, the need for which is determined by non-fulfillment of contractual agreements.

It is worth noting that, starting in 2015, the range of institutions entitled to provide services of this kind was expanded to include all commercial enterprises. At the same time, only banking organizations can be involved to carry out operations in which customs and tax services, as well as other government departments, are participants.

Manufacturer's liability for selling goods of inadequate quality

What should I do if the product stops functioning or is found to be defective while under warranty? Submit requirements to the seller related to the elimination of defects, or exchange of the product for a quality product. To do this, be sure to refer to Art.

18 of Law No. 2300-1. If repairs have been carried out, the consumer must be issued an additional warranty document. Articles on the topic (click to view)

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This is also discussed in the above article.

Do not forget that you can contact the seller with claims even when there is no warranty card for the product. The procedure is possible if the purchased product does not meet the quality standard.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Such demands are allowed to be made for 2 years from the date of receipt of the product by the buyer. There is a group of goods that, by law, can be disputed after the established deadline.

The seller must provide the client with a new high-quality item that meets all the criteria and parameters established by the standards.

How to return children's clothing to the store?

Read about warranty obligations here.

Determining the origin of defects in a purchase

Request the seller to carry out an exchange procedure if defects or any flaws are found on the product. For the case to be successful during legal proceedings, prove that the defect in the item appeared before the purchase, and the culprit is the seller or manufacturer.

If the product has a warranty period, the responsibility for fulfilling its terms falls on the store or the manufacturer. The purchase will not be accepted back if the cause of the malfunction or defect was improper use, transportation or storage of the item.

If an individual or legal entity that has assumed warranty obligations proves its innocence, then it has the right to refuse to provide services to the consumer in relation to the defective product.

The Russian judicial system is formed in such a way that it is designed to protect, first of all, the rights of the buyer. Thus, the defendant must provide significant evidence that he is not to blame for the defect in the product.

If the seller cannot do this, then he will have to reimburse all costs associated with repair work or return the money.

What products are not covered by the warranty?

In some cases, the user cannot claim from the manufacturer or dealer a replacement or free repair under warranty. First of all, if the defect or the reasons that led to it occurred as a result of improper use of the product or due to the fault of the consumer. In this case, the buyer repairs the product at his own expense.

For your information

In addition, even if the product was purchased with inadequate quality, but the owner tried to fix the problem on his own, the manufacturer has the right to refuse warranty service for this product.

Sometimes, if a product has minor defects, the merchant reduces the price of the product by the amount of possible repairs by including a clause canceling the warranty in the sales contract. By law, the buyer is considered to have been informed in advance about the defects of the product and cannot demand warranty repairs or replacement of the product.

Attention

Warranty service refers to the obligation of the seller or manufacturer to eliminate defects or breakdowns of the product. Return or exchange of goods that for some reason did not suit the buyer, but are of appropriate quality, are not included in the warranty obligations and are regulated by Article 25 of the law of the Russian Federation.

Drawing up a claim containing a requirement to return a defective product

The service life of the product is always indicated on the packaging or container. In some cases - in the documentation attached to the item.

Sometimes the manufacturer names a specific expiration date for the product or warranty obligations. There are also options for providing a certain number of days from the date of production of the goods.

It is prohibited to sell an expired product or one that does not have any warranty marks. In this case, file a claim with the retailer in the store.

— What guarantee can be given for the goods when delivered to another country? — What types of guarantees exist in the EU and the USA? — What responsibility do statements in advertising materials entail?

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

We will talk about these issues in this article. For example, consider consumer goods, more precisely, durable goods. Let's see how warranty issues are regulated in the EU and the USA - the countries that are most promising for the export of Russian goods.

Legal assistance

In case of any opposition or violation of your rights, a lawyer will help you:

• record the fact of violation;
• competently draw up statements and claims to a trade organization;
• conduct an independent examination and challenge the results of the store’s examination;
• draw up complaints to higher and supervisory authorities;
• go to court and recover all your damages, including moral damages and costs of protecting your rights.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge Ask a question to a lawyer

Warranty obligations in the European Union

As in Russia, in the EU the consumer has the right to return a product or cancel a service within 14 days. However, he should not indicate the reason for the return.

EU law also stipulates that the seller must provide the consumer with a minimum 2-year warranty (legal guarantee) as protection against product failure or product not looking or performing as advertised. Warranty issues and the manufacturer's and seller's liability for the product are governed by Directives 1999/44/EC, 85/374/EEC, 2001/83/EU and the national legislation of EU member states.

What is meant by a guarantee in the EU? There are two definitions:

- legal guarantee - the minimum period during which the seller is responsible for the goods sold. According to Article 5 of Directive 1999/44/EC, this minimum period is 2 years.

- guarantee/commercial warranty - any obligation of the seller or manufacturer to the consumer, given at no additional charge, to refund the price paid or to replace, repair or rework consumer goods in any way if they do not meet specifications (technical characteristics) set forth in the warranty statement or related advertising.

If you are a seller, your customers can request a refund under the legal guarantee provided by EU law if the product: - does not match the product description; - has different qualities from the model advertised or shown to the client; - not suitable for its intended purpose - either its standard purpose or a specific purpose ordered by the client; - does not show normal quality and technical characteristics for products of the same type; - was not installed correctly - either by you or the customer due to deficiencies in the user manual.

Therefore, please be aware that you are legally bound by any public statements you make about your products, especially through advertising or on labels! As for advertising, you need to be very careful with it. Many people treat advertising as unregulated materials.

For example, they try to understand demand by placing advertisements for goods that cannot yet be manufactured with the advertised properties. This is unacceptable! And not only in the EU.

Let me give you an example. If you want to carry out fertilizer certification in Vietnam, the Fertilizer Regulatory Law requires registration of promotional materials.

This is done in order not to mislead the consumer, to prevent the risk of damage to the crop, and poisoning of people if the fertilizer is used incorrectly.

Also, do not forget about the operating manual (user instructions). The instructions must contain mandatory sections, which I already wrote about in a separate article. And the text of the guarantee itself must meet certain requirements of the directives.

And here is a summary table of the main warranty periods in EU countries:

(2 years most often)

Thus, when delivering goods to the EU, think about warranty obligations in advance. It is very likely that the seller of your goods will require a 2-year warranty from you, as the manufacturer. This will protect him from costs associated with claims from end customers.

Apple One-Year Limited Warranty on Apple-branded products only

LEGISLATION ON CONSUMER RIGHTS

The Apple One Year Limited Warranty is a voluntary manufacturer's warranty. It provides rights independent of those under consumer protection law, including, but not limited to, rights with respect to non-conforming products.

Therefore, the benefits provided by the Apple One Year Limited Warranty are in addition to, and not in lieu of, your rights under consumer law. The Apple One-Year Limited Warranty does not exclude, limit, or suspend the purchaser's rights under consumer law, including, but not limited to, rights related to product failure to conform to contractual provisions.

Consumers have the right to choose whether to claim service under Apple's One-Year Limited Warranty or based on rights under consumer protection laws, including product failure to conform to contract provisions as provided in the Federal Consumer Protection Act. This Apple One Year Limited Warranty is in addition to your rights provided by law and in no event excludes or limits such rights.

Important! Apple's 1-Year Limited Warranty does not apply to claims made under consumer protection laws.

For more information regarding consumer protection laws, visit the Apple website () or contact your local consumer protection society.

WHAT DOES THIS WARRANTY COVER?

Apple Rus LLC, legal address: Romanov Lane, 4, building 2, Moscow, 125009, Russian Federation ( Apple

Apple Product
to be free from defects in materials and workmanship when used in accordance with Apple's user manuals, specifications, and other published guidelines for a period of ONE (1) YEAR from the date of original purchase. purchases in a retail network by the end buyer (
Warranty period
). To obtain the protections provided by the One Year Limited Warranty for your Apple Product, contact your local Apple service provider in most areas of the world (see “Obtaining Warranty Service”). If you have defects in materials or workmanship, you may file a claim with Apple directly, even if you purchased the Apple Product from a third party.

Please note that all claims made under the Apple One Year Limited Warranty are subject to the terms and conditions set forth in this warranty document.

In addition, Apple will provide access to telephone technical support for a period of ninety (90) days from delivery of the Apple Product.

WHAT DOES THIS WARRANTY NOT COVER?

This warranty does not apply to any non-Apple branded hardware or software, even if packaged and sold with Apple products.

Non-Apple branded products may have proprietary warranties that provide benefits in addition to the rights under consumer protection laws. For additional information, see the product box or reference literature for that product.

For detailed information about your rights to use the software, see the license agreement that accompanies the software.

In a country other than the country in which you purchased your Apple Product, your service options may be limited. If service for an Apple Product is not available in such country, Apple will notify you of any additional shipping and handling charges that may apply before providing service.

When you contact Apple by phone, call charges may apply depending on your location. For more information, contact your local network operator.

This warranty does not apply to: (a) consumable parts such as batteries or protective coatings that wear away over time unless the problem is caused by defective materials or workmanship; (b) for cosmetic damage, including, without limitation, scratches and dents, chips and damage to the plastic in the port area, unless the problem is caused by defective materials or workmanship; (c) for damage caused by the use of third party components or products that do not meet Apple product specifications (Apple product specifications are available on the website under the specifications section of each product and are also available in stores); (d) to damage due to accident, abuse, misuse of the device, fire, contact with liquid, earthquake or other external factors; (e) for damage resulting from use of the Apple product other than in accordance with the user manual, specifications, or other published instructions for the Apple product; (f) to damage resulting from service (including updates and upgrades) performed by someone other than Apple or an Apple Authorized Service Provider; (g) an Apple product whose functionality or features have been modified without Apple's written permission; (h) to defects due to normal wear and tear or aging of the Apple product; (i) if the serial number has been removed or damaged on the Apple product; (j) if Apple receives notification from appropriate authorities that the product has been stolen, or if you are unable to disable the enabled password or other security measures designed to prevent unauthorized access to the Apple product and cannot prove that you are a full user of this device (for example, by providing proof of purchase).

IMPORTANT LIMITATIONS

Apple may not provide warranty service for Apple TV outside the countries in which Apple or its authorized dealers originally sold the device.

For iPads with cellular coverage and iPhones, the warranty is valid in the European Economic Area (EEA) and Switzerland. Outside this region, service options may be limited due to technical issues not resolved by Apple; For more information on iPads with cellular coverage and iPhones, visit and.

iPads are not covered under warranty in China due to differences in Wi-Fi connectivity over which Apple has no control.

YOUR RESPONSIBILITIES

IF YOUR APPLE PRODUCT ALLOWS YOU TO STORE SOFTWARE, DATA OR OTHER INFORMATION, YOU SHOULD PERIODICALLY CREATE BACKUP COPIES OF THE INFORMATION CONTAINED ON THE STORAGE MEDIA OF YOUR APPLE PRODUCTS TO PROTECT THEIR CONTENT. AND PREVENT FROM POSSIBLE FAILURES DURING OPERATION.

Before returning your Apple Product for warranty service, please back up the data contained on the storage media, delete all personal information, and disable all security passwords. During warranty service, the contents of the Apple Product's storage media may be deleted, replaced, and/or reformatted.

Following warranty service, your Apple Product or replacement product will be returned with the same settings as the original purchase, subject to any applicable upgrades. As part of warranty service, Apple may install system software updates that will not allow you to revert to an earlier version of the Apple Product's system software. As a result of a system software update, third party applications installed on your Apple Product may be incompatible or may not work with your Apple Product. You are responsible for reinstalling other programs, data and information. This warranty does not apply to the restoration or reinstallation of other programs, data or information.

You may seek service in a country other than the country in which you purchased the Apple Product. In this case, you will be subject to all import and export laws and will be responsible for paying all customs duties, VAT and other applicable taxes and duties due.

Important! Do not attempt to open the casing of an Apple Product unless the user manual describes how to open it, or remove protective covers from Apple Products. Opening the Apple Product or removing protective covers may result in damage not covered by this Warranty. Service on your Apple Product should only be performed by Apple or an Apple authorized service representative.

APPLE'S OBLIGATIONS IN THE EVENT OF A WARRANTY CLAIM

If during the warranty period you make a claim with Apple under the terms of the warranty, Apple, at its option:

(i) will make repairs

An Apple product using new or used parts that are equivalent to new in performance and reliability; or

(ii) will replace

Apple Product to a product that is at least functionally identical to the Apple Product; or

(iii) will refund the price paid

Apple product subject to return
.
When you replace a product or part or receive a refund, any replacement item becomes your property, and the replaced or refunded item becomes the property of Apple.

If defects are eliminated, the warranty period is extended by the period during which the product was not used.

The warranty period for the replacement product is recalculated starting from the date the product is delivered to the consumer.

If warranty service is sought in a country other than the country in which the Apple Product was purchased, Apple may repair or replace the product and parts with comparable products or parts consistent with local standards. Apple may service Apple Products and Apple parts that were manufactured in a country other than the country in which the Product or original Apple parts were manufactured.

OBTAINING WARRANTY SERVICE

Please use the following online help resources before requesting warranty service.

International support information

Apple Authorized Service Representatives, Apple Authorized Dealers, and Apple Retail Stores

locate.apple.com/ru/ru/

Apple support and service

support.apple.com/kb/HE57

Free Apple support

If you do not have Internet access or if your Apple Product does not function properly after accessing these resources, contact your Apple representative or, if available, your Apple Retail Store or Apple Authorized Service Representative. They will help you determine whether your Apple Product requires service, and if so, they will tell you which of the warranty service options described below Apple will provide to you.

Prior to warranty service, Apple or its agents may require you to provide proof of purchase, answer questions to help identify potential problems, and follow Apple's procedures for obtaining warranty service, such as instructions for packing and shipping Apple Products if shipped. for mail service as described below.

WARRANTY SERVICE OPTIONS

Apple provides warranty service through one of the following options:

(i) Service with self-delivery to the service center.

Apple may request that the Apple Product be returned to an Apple Retail Store or an Apple Authorized Service Provider that provides such service. The Apple product may be sent to an Apple repair facility for service. Once you are notified that service has ended, you may immediately pick up your Apple Product from an Apple Retail Store or an Apple Authorized Service Provider (or Apple will notify you that a repair facility will ship the product directly to you).

(ii) Submitting for Service by Mail.

If Apple elects to mail your product for service, Apple will mail you a pre-paid waybill and, if necessary, packing materials and instructions on how to properly pack and ship your Apple product so that you can send your Apple Product to repair service. or an Apple Authorized Service Center office. Upon completion of service, Apple Repair or an Apple Authorized Service Provider will return the Apple Product to you. Apple will pay the cost of shipping the Product back and forth, provided that all Apple Product packaging and shipping instructions are followed.

(iii) Do-It-Yourself (Do-It-Yourself) service.

Under Self-Service, Apple provides you with replacement products, easy-to-replace parts or accessories, such as a mouse or keyboard, that you can install to replace defective ones without the use of any tools. Note. Apple doesn't pay you to do the repairs yourself. If you require further assistance with this replacement, contact Apple at the number below, an Apple Retail Store, or an Apple Authorized Service Provider. If Apple decides to go with the DIY option, the following service process applies:

(a) Service in which Apple requires the return of the replacement product, part or accessory: Apple may require credit card authorization to cover the retail price of the replacement product, part or accessory and applicable shipping charges. Apple will ship to you a replacement product, part, or accessory along with appropriate replacement instructions, if necessary, and any return requirements for the replacement product or part. If you follow the instructions, Apple will deauthorize your credit card and you will not be charged the cost of the product, part, or shipping costs to both destinations. If you do not return a replacement product, part, or accessory as instructed, or if you return a replacement product, part, or accessory that is not covered by warranty, Apple will charge your credit card the amount of the credit card authorization. If you are unable to provide credit card authorization, this service option will not be available to you and Apple will offer you an alternative service arrangement.

(b) Service where Apple does not require the return of the product, part, or accessory that is being replaced: Apple will ship to you, free of charge, the replacement product, part, or accessory, along with associated installation instructions, if necessary, and instructions for disposing of the replaced product, part, or accessory. accessory

LIMITATION OF LIABILITY

(i) Exhaustive nature of the contract.

The Apple One Year Limited Warranty excludes any warranties or conditions not set forth in this warranty, except for the rights provided by consumer laws as set forth at the beginning of this document. Some jurisdictions do not allow limitations on how long such warranties, conditions and/or implied terms last, so the above limitation may not apply to you.

(ii) Data Disclaimer.

Apple does not guarantee that it will be able to repair or replace, and does not undertake to repair or replace, any Apple Product under this warranty without risk of damage to and/or loss of information and/or data stored in the Apple Product.

(iii) Limitation of Liability.

Under no circumstances will Apple be liable for:

a. any damages not caused by Apple's breach of this warranty document;

b. any loss or damage that was not a reasonably foreseeable consequence of Apple's breach of this warranty at the time you purchased the product;

c. losses associated with your business, loss of profits, data or opportunities.

This warranty document does not apply to (i) death or personal injury, (ii) fraud or gross negligence, (iii) fraudulent misrepresentation, or (iv) any other liability that cannot be limited. or excluded as a matter of law.

GENERAL PROVISIONS

No Apple dealer, agent, or employee is authorized to change, extend, or add to this warranty.

If any term is found to be unlawful or unenforceable, it will be removed from this warranty without affecting the legality or validity of the remaining terms.

This warranty is governed by and construed in accordance with the laws of the country in which the Apple Products were purchased.

The Product has a shelf life of three (3) years from the date of original purchase from a retail store by the end purchaser.

© 2021 Apple Inc. All rights reserved. Apple and the Apple logo are trademarks of Apple Inc., registered in the US and other countries.

100620-Russia-Universal-Warranty-v1.6

Store guarantee

With a guarantee from the store, when returning a previously purchased product, you must make sure of the following:

- the product has not been used; — 14 days have not passed from the date of purchase; — the presentation is preserved; — the packaging of the goods is not damaged; — availability of all necessary documentation; — safety of seals and labels; — availability of a warranty card and a receipt.

Only if the product remains in good condition and within 14 days can you make any claims to the store and return the goods and receive your money.

If the product does not work, then its possible return or exchange is carried out only if there is a document confirming that the operating conditions are not violated.

We draw a conclusion. If a malfunction is detected after a year, six months, a month or even just three weeks in the operation of the product you purchased, diagnosis of the problem, repair and service are carried out at your own expense. The store's guarantee does not imply this.

What is a bank guarantee

From a legal point of view, this is a type of officially formalized obligation, on the basis of which, if a third party fails to fulfill the terms of the agreement regarding payment, the credit institution actually acts as a joint and several debtor, obliging to compensate an amount of money equal to the value of the transaction when submitting a corresponding claim.

This practice is very common, being used in both Russian and foreign commercial environments. Within the framework of the Uniform Rules approved by the International Chamber of Commerce, a number of provisions have been adopted on this issue - in particular, declaring that the content of agreements of the category under consideration must have clear and precise wording to exclude the emergence of controversial issues.

An example of how a bank guarantee works is ensuring the participation of entrepreneurs in contractual relations, where one of the counterparties is the state that has placed a procurement tender or contract for the performance of certain works. The mechanism is often used as an opportunity to simplify the return of value added tax, as well as to obtain a deferment in the payment of customs duties. A mandatory requirement is registration in writing, and only the signature of a representative of the credit institution is necessary, while certification by the principal and beneficiary is voluntary.

What is a product warranty and warranty period?

A product warranty is the responsibility assumed by the person who manufactured or sold the product for meeting quality requirements within a certain period of time. As a rule, the store is an intermediary between the manufacturer and the consumer.

If any defects are identified in the item sold, the money for the purchase is returned by the seller.

Warranty period is the period of time during which the technical characteristics of the product must correspond to those declared by the manufacturer. Mostly HS is installed on technically complex goods, clothing, shoes, accessories, furniture. The manufacturer has the right to determine the warranty period for any type of product.

1. Passenger cars, motorcycles and scooters, vehicles with an internal combustion engine.
2. Aircraft with an internal combustion engine.
3. Equipment for agricultural work.
4. Vehicles on snow.
5. Floating craft with an internal combustion engine.
6. Mobile phones and satellite communications.
7. TVs and digital projectors, game consoles and satellite TV antennas.
8. Office equipment.
9. Appliances.
10. Equipment for photo and video filming.
11. Tools.
12. Watch.

IMPORTANT! It is necessary to distinguish between the concepts of warranty, certification and shelf life.

Certification is compliance with the requirements for products according to GOST and stated in the technical documentation. Shelf life is the period of time during which a product meets specified requirements.

These time periods are different from each other. For food and industrial categories (household chemicals, medicines, cosmetics), the determining indicator is the expiration date.

Consumer rights in case of product breakdown under warranty

If a defect occurs in a product under warranty, the buyer has the right:

1. To return a low-quality product to the point of sale.
2. For exchange for a similar model of equal value.
3. To repair a defective item, eliminate the defect, after which the product will meet the technical requirements.
4. For a significant discount.
5. For an expert inspection of the quality of the product, which the applicant has the right to attend.

IMPORTANT! The examination is free of charge for those filing a claim. The seller pays for it. The exception is the case when the payment for the inspection is divided between the applicant and the defendant in court. But such situations are rare.

Is there always warranty service?

When a product is delivered for sale without the warranty periods specified by the manufacturer, they must be installed by the seller. As a rule, when identifying deficiencies in a purchased product, the consumer turns to the store administrator, and not to the manufacturer.

Additional Information

In the event that the purchased product does not fully correspond to the declared quality (does not work or does not function correctly, poses a threat to the health of the consumer or may cause damage to his property), the consumer has the right to take advantage of the obligations provided by the seller.

If product defects are identified, according to consumer law, the user has the right:

• for a refund;
• replace the product with a similar one at an additional cost;
• replace the product with the same, but serviceable one;
• for free repairs with provision of replacements during the repair period.

Most often, store administrators will insist on service repairs.

IMPORTANT

Repair under warranty is more convenient for the seller than for the buyer. When returning goods, it is the store employees who will have to deal with the supplier about the quality of the product. Therefore, the store administration is trying to avoid exchanging or returning goods.

But even free repairs may be refused to the buyer if the service workshop discovers that the breakdown does not fall under warranty.

If the master determines that:

• the equipment was brought into the country illegally;
• the product has traces of foreign intervention;
• the serial number is missing or unreadable;
• the product contains parts from a similar product;
• Low-quality or non-standard consumables were used when operating the product.

Any equipment is equipped with several levels of protection and the master can notice outside interference, even if it was carried out extremely carefully.

IMPORTANT

Products classified as technically complex can only be exchanged within 14 days from the date of purchase if a breakdown is detected. Afterwards only repairs are available.

Who installs them

According to the law on the protection of consumer rights, the terms of the product quality guarantee are determined by the manufacturer. It establishes the period during which it is responsible for the correctness of the product.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

But there are cases when the manufacturer has not set time limits, then the seller has the right to set the time limits. The store can also increase the warranty period beyond that established by the manufacturer.

In this case, the responsibility to pay the funds lies with the seller.

When can a seller refuse to fulfill warranty obligations?

By law, in order to deny a warranty, the seller must prove that the buyer did not use the item correctly, which led to a breakdown or malfunction.

Attention

Sometimes the manufacturer specifies additional conditions for using the product. For example, undergoing regular maintenance at a specific service center. Violation of additional conditions or deadlines for their fulfillment may also be grounds for denial of the warranty.

The seller can also prove that damage to the goods occurred after the sale and, accordingly, the seller is not responsible for them. For example, if the product was dropped or wet during transportation.

The concept of a warranty case

A warranty case is a failure by the contractor to fulfill its obligations to maintain quality. If a consumer complains about the quality of a product, the store will first try to send the faulty item for repair, because repair is more profitable than a refund.

But the seller has no right to force the elimination of defects. If the owner agrees, the item is sent to the service center.

The manufacturer most often does not have its own service, since this is a costly enterprise, so an agreement is concluded between the center and the manufacturer. In this case, the authorized service center is responsible for repairs, paying for all operations at its own expense.

The manufacturer makes payments to the service, while checking whether the case was covered by warranty or not.

Non-warranty cases are situations in which the manufacturer is not responsible for the breakdown:

1. Violation of operating rules.
2. The owner independently tried to make repairs or disassemble the product.
3. Inappropriate consumables were used during use.
4. The products were imported into the Russian Federation illegally.

In such situations, you should not count on reimbursement of costs, because The blame falls on the consumer.

Principle of operation

It is obvious that a bank guarantee not only ensures the interests of transaction participants, but also carries certain risks for the credit institution. Violation by the principal of his own obligations is the basis for demanding payment, which is practically impossible to refuse without proper evidence. In such cases, the bank provides the beneficiary with the agreed compensation, after which it makes demands on the defaulter. At the same time, there always remains a hypothetical probability of bankruptcy of the latter, which results in the loss of money paid under the guarantee conditions.

Providing a bank guarantee

In order to reduce potential risks, not only a thorough analysis of the balance sheets of enterprises applying for the service is practiced. In some situations, a requirement may be put forward to provide a collateral that can cover losses in the event of refusal of compensation or guarantee by a third party.

What you need to take advantage of the warranty

When purchasing a product of poor quality, the buyer's actions are as follows:

1. Collect a package of documents: passport, warranty card, receipt or other document confirming the purchase. If the receipt is lost or damaged, the store employee has no right to refuse to accept the claim. Proving that you purchased a product is not difficult, but it may take time.
2. Write an application for exchange and return. It indicates personal data, contacts of the legal entity, lists the shortcomings, and indicates the reason for the complaint. It is better to prepare two copies, hand one to the store representative, and keep the second for yourself with the signature of the recipient.

If the seller agrees, then the item is replaced with an equivalent model or a funds transfer is made. The maximum payment period is 10 days.

In case of failure to fulfill the seller’s obligations, the consumer adds an application for a quality examination to the specified requirements. It is carried out by third-party specialists and takes from a couple of hours to several days, depending on the complexity of the test and the need to use additional equipment.

If the store refuses to satisfy the customer’s claims, the victim goes to court. The judge will oblige the organization to conduct an expert examination; if the defects of the product are the responsibility of the manufacturer, then the money will be returned to the applicant.

IMPORTANT! The product is returned within 15 days from the date of purchase without inspection and without explanation, only if it has not been in use.

You should always carefully read the service life of the product to be confident in your purchase.

When selling a product or providing certain services, a term such as “quality guarantee” may be used. They are used when the manufacturer or service provider can guarantee the excellent quality of their work and promise free correction of the defect if a defect is detected.

When purchasing a product, the consumer should inquire about the warranty period and the coupon that confirms it. The warranty period is the period of time during which the retail establishment that sold the product is obliged to take it for free repair or exchange.

Warranty repairs are performed in specialized centers; less often, the product is sent to the manufacturer for repair or exchange. It is beneficial for consumers to know all the information about what a warranty period is, how they can use it, and how to behave competently when they discover a defective product or poorly performed service.

After all, not every breakdown of equipment or equipment, for example, is guaranteed free repair; you need to know what will be considered a legal basis for returning a product or exchanging it.

Using a bank guarantee

In situations where contractual obligations have been violated, a basis arises for the implementation of the main function of the financial procedure in question.

Request for payment

Acting as a guarantor, the bank does not have the right to refuse to transfer funds even in cases where the very fact of non-compliance with the terms of the agreement is the subject of a dispute. The payment is made based on a review of the documents submitted by the beneficiary - the powers of the credit institution do not include certification of the circumstances of the situation that has arisen, since such issues are resolved within the legal framework. But if there are errors made during the process of drawing up and submitting a claim, the applicant’s claims may be denied.

Reimbursement of amounts paid under the guarantee

The principal’s responsibility is to replenish the funds spent by the bank on compensation - except for cases where the payment was made with violations, for example, if the documents presented were insufficient.

Beneficiary liability

If it turns out that the mutual settlements made between the parties turned out to be unfounded - due to the actual fulfillment of the basic obligations of the main agreement - a controversial situation arises that requires a separate resolution. It is allowed to claim the amount received from the banking organization in favor of the principal.

How long does the warranty last?

Upon receipt of a request, the credit institution immediately sends a corresponding notification and also evaluates the documents submitted for consideration. The terms are determined by the terms of the agreement - standard practice is five working days, the maximum allowable waiting period is a month.

What is this according to the law?

This is the period of operation of the product during which the manufacturer undertakes to repair the breakdown free of charge and exchange it for a similar product.

ATTENTION! But, according to the law, the breakdown should not be caused by the actions of the consumer.

The production of any product for consumers, as well as the provision of services, must comply with the quality standards adopted in the state; this is an important norm of legislation. The manufacturer's obligations are determined by Article 469 of the Civil Code of the Russian Federation. According to this document, products from the manufacturer must comply with the accompanying documents.

When purchasing, the consumer must inspect the product to ensure that it can properly perform its functions. The release of goods may be associated with reference standards; compliance with them or even exceeding them is necessary.

If the buyer discovers a defect or defect in the product, then according to the “Law on the Protection of Consumer Rights” adopted back in 1992, he has the right to return such a product back to the retail establishment, seller or manufacturer. If the product has a warranty period, returns or exchanges are possible during its validity.

When there is no warranty for a product, it is legally permitted to return the item without defects to the store within two weeks (provided that the product is not included in the group of those that cannot be returned). Warranty obligations from the manufacturer - protection of the rights of buyers, consumers, the condition that they will not be sold low-quality goods.

What guarantee should the seller give?

The manufacturer's warranty and the seller's warranty differ not only in the subjects of liability, but also in a number of other features. In almost all cases, questions about the quality of the product, its repair, replacement and return must be carried out at the place of purchase. You should not go to any “central office,” much less search for the manufacturer of the product on your own. After all, it is often a foreign company that imports goods, prepares customs documents, undergoes mandatory product certification, etc. The product warranty implies exactly this. The seller either resolves issues related to manufacturer defects with the supplier, or incurs losses on his own - which, by the way, are always included in the price of the product.

Responsibility for non-original, non-certified and illegally imported goods lies entirely with the seller, so all these reasons should not be an obstacle to receiving full service and warranty service.

The absence of a director or senior manager, or any other excuses or obstacles in resolving your issue are a violation of the law. Any seller should be trained to accept your claims on the same day and complete the paperwork correctly.

If you have questions regarding manufacturer liability or what kind of warranty should be given by the seller of the trade organization where you bought any product, check with a lawyer what you can demand and for how long. If you have already been refused repairs, returned goods, or have been delayed for too long in resolving the issue, consulting a lawyer will help speed up the process and get compensation for your inconvenience. Our company’s specialists will answer all questions completely free of charge and at any time convenient for you.

Benefits for the consumer

With the most careful inspection of a product before purchasing it, it is not always possible to detect a defect or defect; some defects appear only after some time of use. Therefore, the presence of a guarantee has become an important advantage and protection for the loss of funds of buyers who can hand over goods within the period specified by the guarantee according to the law.

The warranty period gives the consumer several options to choose from if a purchased item is found to be defective:

• You can return the item and get your money back without losing anything.
• You can return the product for exchange for a similar item from the same manufacturer. Sometimes an exchange is made for a model of another brand.
• If the defect can be eliminated by repair, the product is sent for warranty service to a service center.
• Also, the store can simply give a discount if the buyer is generally satisfied with the product (the defect is not significant).

The manufacturer sets a certain period during which warranty service is possible. These deadlines must comply with legal requirements.

What document confirms this?

If a consumer needs repairs for a product he purchased, then according to consumer law, the store or service center will have to present a document confirming the validity period of the warranty. You can confirm it directly using the warranty card.

However, often the store does not fill out a coupon, assuring that a receipt with the specified date of purchase is sufficient. Of course, if the buyer brought the product directly to the store, he will not have any special problems when presenting the receipt. But when contacting the service center, you will definitely need a completed coupon with the store’s stamp.

Additional Information

During the warranty period, it is best to keep, in addition to the product passport, the coupon and sales receipt for the purchase.