Sample claim for warranty repair and its delivery

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Making a claim under a valid warranty

In accordance with current Russian legislation, the buyer has the right to demand a warranty not only for the newly purchased product, but also for the warranty service performed. If a service center representative cannot vouch for his work, the service is unlikely to be performed efficiently.

Attention! Each buyer has the right to demand a guarantee for the purchased product. If the product turns out to be of poor quality and service has been performed on it, the consumer receives an additional guarantee for the work performed by a representative of the service center.

According to current Russian legislation, the consumer has the right to refuse to receive a guarantee for the services provided. If the specialist intentionally refuses to issue it, the consumer can contact the senior management of the service center with a complaint.

The claim must be made in writing. The application is written by hand or typed on a typewriter. There are no special requirements for the content of the claim. However, there is information that is recommended to be included in the application.

This data will be able to shed light on the truth and will help to quickly understand the conflict situation:

information about the applicant (last name, first name, patronymic, residential address, registration, contact phone number);
who performed the service, address of the service center;
where the buyer purchased the defective product;
what defects of the product were discovered during its purchase;
what defects of the product exist after warranty service;
types of work performed by a service center specialist;
requirements made by the buyer to the management of the service center (most often this is a request to carry out repeated repairs or return money);
date of filing the claim, signature of the applicant.

As already mentioned, the claim should be made in two copies. The first is sent to the management of the service center. The second remains with the applicant. The party receiving the application puts a signature on it, which confirms receipt of the application.

If a representative of the service center refuses to accept the claim and does not want to sign your copy, you should send the application by Russian Post by registered mail with notification. In this case, you will receive a notification that the SC management has received the letter.

After receiving the complaint, the management of the SC is obliged to make a decision on the appeal within 10 days. The applicant is notified of this in writing. It is allowed to notify the buyer by telephone or in person. But in this case, the applicant’s demands must be satisfied. Otherwise, it is considered that the receiving party refuses to resolve the conflict peacefully.

The service center management can make the following decision:

pay money to the applicant;
carry out repeated warranty repairs free of charge;
replace a defective product;
refuse to satisfy the applicant’s demands, while justifying their refusal from a legal point of view.

Important! If the manufacturer refuses to satisfy the applicant’s requirements or simply does not respond to the request, you can:

write a statement of claim to the court;
file a complaint with the Russian Consumer Supervision Authority.

The second option is suitable if a person does not want to sue the store, but simply wants to prove his guilt.

Those buyers who intend to recover a penalty from the manufacturer go to court. The amount is calculated based on the cost of the goods. Typically, this is one percent of the price of the item for each day of delay in fulfilling the plaintiff’s demands.

Claim to the performer

Compliance with the claims procedure is required for the purpose of pre-trial settlement of the dispute. Such an appeal must be made in writing - in person or using technical means. The text indicates all data relevant to the essence of the dispute.

In addition to the required details, that is, information about the parties and the signature of the initiator, it is necessary to describe the current situation in detail. First of all, the model of the device, the nature of the breakdown and the date of delivery for repair are indicated. After this, you need to reflect information about what shortcomings were identified after the phone was returned to the owner. The duration of operation after repair is indicated.

Compilation rules

A warranty claim, just like a repair claim, is made using a regular piece of paper. In this case, the form is not issued to the buyer. The text should be written concisely, without errors or profanity. If a person finds it difficult to do this on his own, he can contact a qualified lawyer who will provide such a service for a fee. Regardless of whether the person made the claim himself or not, the document must be signed by the initiator.

Possible requirements

When a buyer files a claim, he strives to achieve certain goals. The current legislation establishes a number of requirements that the buyer may put forward in this case.

First of all, this is due to the repeated sending of the phone to the service center. A person may require the device to be repaired again in order to eliminate any breakdowns that have occurred. Repeated repairs are carried out at the expense of the contractor or its cost is reduced.

A person can also count on a refund if he intends to cancel the contract with the seller. There are often cases when a buyer may demand that the device be replaced with a similar one.

The buyer also has the right to compensation for costs incurred in connection with repeated repairs, as well as the involvement of third parties to eliminate defects.

Methods of submitting to the service center

Like any other type of appeal, the claim must be transferred to the contractor. This responsibility rests with the initiator. Current legislation gives a person the right to independently choose the methods of such transfer.

First of all, you can carry the device yourself. This option is optimal; it allows you to personally communicate with the specialist who carried out the repairs and explain in detail the reason for what happened. In some cases, this approach allows you to quickly resolve the problem.

The phone number can be sent by mail. This method will require extra money from the initiator. According to the shipping rules, the packaging of the product must ensure its integrity. Therefore, you will have to purchase a special package. It should be noted that even in this case, the device may receive damage during delivery, for which the contractor is not responsible. However, postage saves the consumer from transportation costs.

The initiator can resort to courier delivery services. This option is essentially similar to postal delivery. There is a risk of additional breakdowns, but the person does not need to come to the service center in person.

Another option is to transfer the phone through your authorized representative. This delivery method is similar to personal delivery. The legal representative, in addition to an identification document, must have a power of attorney, which will confirm his authority.

A person can choose any of these options at his personal discretion.

Preparing to visit a service center

Before sending to the service center, the buyer should definitely prepare.

Please note! To do this, take two simple steps:

prepare documentation. It is necessary to write an application for service, provide a warranty card, as well as a receipt for the purchase of the goods;
prepare the defective item itself. The item should be packaged as it was provided at the time of purchase. For example, if there is a box or bag, then the product should be placed there. If the product was sold together with other items, these should also be provided to the service representative.

Sometimes the seller independently sends defective items to the service center. In this case, you will have to visit the store where the low-quality product was purchased and give the package to the manager. He will subsequently send the box to where it should be.

In some cases, immediately at the time of purchasing the product, the seller fills out a warranty card, where he writes the address of the service center. Then, if any deficiencies are discovered, the buyer will have to contact the service center representative independently.

Claim procedure

The main thing is that you have in your hands a contract for the provision of repair services, or a receipt or check for repairs, in general, any document confirming the delivery of the phone for repair.

The procedure is as follows:

you must first write a complaint to the person who performed the poor-quality phone repair,
in which you indicate that the phone still does not work, or other shortcomings have appeared.
And depending on the situation, ask either for a refund or to fix problems with the phone.

There are then two options:

You get your money back or the shortcomings are corrected.
You are denied or do not respond to your complaint.

Buyer's rights during the warranty period

The warranty period is set by the manufacturer. It is calculated from the moment the purchase and sale agreement is concluded. Each product has a different period. The total duration depends on the complexity of the product.

If the manufacturer does not provide for the possibility of providing warranty service, the seller has the right to set this period.

Remember! During the warranty period, the buyer has the right to demand that defects in the product be eliminated at the expense of the seller or manufacturer. It is of great importance who allowed them. For example, if the buyer carelessly handled the item and broke it, then he will have to repair it himself.

If at the time of purchasing the goods the buyer did not receive a guarantee, then it is possible to apply for service for a low-quality item within two years from the date of concluding the purchase and sale agreement.

In practice, a statement from a dissatisfied buyer is considered if the product was sold no later than a year ago. Otherwise, the seller tries to “hush up” the conflict to the detriment of the client.

The opportunity to contact the seller with a faulty product is provided on the basis of the Law of the Russian Federation N2300-1 “On the Protection of Consumer Rights” of February 7, 1992.

In this case, the buyer has the right to demand:

replacing a low-quality product with a similar item;
replacing a low-quality product with a similar item, possibly from a different manufacturer, with recalculation of the cost of the product;
compensation for repairs of defective products carried out at the expense of the buyer;
reimbursement of the cost of the examination;
termination of the purchase and sale agreement (in this case, all funds paid are returned to the buyer).

The buyer himself decides what to do with the defective product - repair it at the expense of the manufacturer, return it to the seller, or keep it for himself. A store representative cannot impose this or that service on him.

For example, if a person does not want to carry out repair work on a defective phone, then the retail chain consultant is obliged to provide him with a similar product on the day the demands are made. If the seller insists on a specific option, you should write a complaint addressed to the store manager.

If the buyer chooses repair under warranty, then there is no need to pay for the work of the service center. All costs are borne by the manufacturer or seller.

If the seller claims that the breakdown occurred due to careless handling of the item by the buyer, it is worth conducting an examination. An assessment is carried out in any case when controversial situations arise.

If the buyer is not sure of the correctness of the examination, he has the right to request an independent assessment. It is paid out of the consumer's pocket. However, it is possible to recover the amount of damages in court from the manufacturer.

Watch the video. How to write a complaint correctly:

Guarantee period

According to general rules, the warranty period cannot be less than fifteen days. Manufacturers of mobile phones, as a rule, set such a period from six to twelve months. However, the buyer should remember the rules established by the PPA. It states that claims can be made within two years, unless a longer period is established by regulations or the terms of the contract. From the meaning of this rule it follows that, despite the warranty period determined by the manufacturer, the consumer has the right to file a claim within twenty-four months from the date of purchase of the phone, provided that the defects occurred before the product was handed over to the customer.

How to write a claim if the warranty period is expired

If the buyer decides to repair a low-quality product, he should write a statement and hand over the goods.

Attention! At the same time, do not forget about the following things:

the item is provided fully equipped (if a charger came with the phone, it will be sent along with the device);
A package of documents is supplied with the product (receipt for the purchase of the product, application for service, warranty card);
the fact of transfer of the item is recorded in a special act, which is filled out by the seller or the service center master and signed by both parties.

The technician is given 45 days to carry out service. If during this period the buyer has not received the repaired item back, he has the right to write a claim addressed to the head of the service center.

There is no single approved form of the document, but there is information recommended for inclusion in it:

name of the store with which the purchase and sale agreement was concluded, its location;
if possible, the first, last and patronymic names of the store manager and seller;
name of the service center that performed warranty service and its location;
if possible, first name, last name, patronymic of the head of the service center, the foreman receiving the goods;
last name, first name, patronymic, residential address of the buyer, his contact telephone number;
the essence of the complaint (what the buyer is dissatisfied with, what rights were violated);
requirements (what the buyer wants to receive after consideration of the claim by the management of the service center);
list of accompanying documents;
date of document preparation, applicant’s signature.

How to file a complaint with a store for a defective product?

To replace a product with manufacturing defects, the customer must submit a claim to the store seller in writing. If a claim for a purchased low-quality product is correctly drawn up, the requirement for its replacement is usually satisfied without any complications and without the need for legal proceedings.

Such a letter can be written manually, on a standard A4 sheet of paper, or printed. Below are step-by-step instructions for filling out a complaint to the store.

Step 1 – Filling in information about the seller and buyer

The seller's details are filled out, as a rule, in the upper left part of the sheet, displaying:

Store names.
His legal address.
FULL NAME. official (if known).

Below, fill in the details of the client filing a claim indicating:

His full name
Location addresses.
Contact information (usually a phone number). You can also specify an email address.

Step 2 – Description of the reasons for returning the product

This part of the letter begins with displaying the name of the letter (“Claim” or “Application”), located at .

Then the circumstances of receipt of the goods and how the defects were discovered are described in detail and sequentially, with the designation:

Dates of purchase.
Product details, with detailed description:
Names.
Trademark.
Technical characteristics.
Other parameters that ensure product identification.
Time of detection of a defect or a list of several defects.

Note. To confirm that the comments arose through the fault of the seller (manufacturer or store), the results of an expert assessment carried out by the client can be cited. At the same time, the store must compensate for the costs of performing the expert assessment.

Step 3 – Formulation of a specific requirement for the seller

Filling out the request usually begins with the phrase “I ask you to replace the defective product...” or “I ask you to pick up your defective product and return my money for...”

After the requirement is indicated, the deadline for resolving this problem is displayed.

Note.

According to Art. 21 of the Law on the Protection of Customers' Rights, replacement of an item with identified defects must be carried out no later than 7 days from the date of the client's request. If an examination is carried out to identify the fault of the breakdown, this period is extended to 20 days.
The duration of warranty repairs should be no more than 45 days.
The request for the return of money must be considered no later than 10 days.

At the end of the letter, an application is filled out, listing the documents attached to the letter. Attached documents may include:

Cash receipt for payment.
Passport and warranty card for purchase.

Is it possible to extend the warranty period?

Article 20 of the Law of the Russian Federation N2300-1 “On the Protection of Consumer Rights” dated February 7, 1992 defines clear deadlines within which the seller is obliged to eliminate existing defects of the product.

According to general rules, the seller is obliged to immediately provide the buyer with an item free of defects. However, if this is not possible, then 45 days are given for service.

If the buyer agrees to increase the time frame for repair work, a special agreement is drawn up. It looks like a separate form signed by both parties.

By agreement of the parties, the initially established deadlines may be extended. However, the seller cannot, at his own discretion, extend the specified period.

Often the period increases by the time it takes to deliver the goods to the service center and back. The manufacturer also has the right to request an extension of the service period if the repair is complex and requires the purchase of special equipment and parts.

If the buyer does not want to put up with delays, he has the right to write a claim addressed to the head of the store or service center. In it, he may demand to pay a penalty in the amount of 1% of the cost of the goods for each day of delay.

How to submit a complaint to the store?

A claim for a product of poor quality is submitted to a store employee who is authorized to register such complaints. At the same time, it is recommended that the buyer draw up such a document in 2 copies, so that the seller puts a stamp on its copy with the registration number and date, and also signs the document, indicating acceptance of the claim.

If the buyer is unable to come to the store in person, then you can use the following methods to submit a claim:

Entrust the delivery of the claim to an authorized person, providing him with a power of attorney certified by a notary.
Send documents via Russian Post by registered mail with notification of its receipt by the addressee.
Use a courier service.
Submit a claim via the contact form on the website, if the seller has such a website.

In any case, regardless of the method of sending the claim, the seller must have evidence of the fact that the letter was delivered to the Seller, which may be needed when applying to Rospotrebnadzor or the court.

What else can be done if the product repair deadline is violated?

If the service center violates the terms of warranty service, the buyer has the right to demand a penalty amount calculated based on the cost of the goods, as well as the period of delay.

Important! In addition, the client can claim:

transfer of the product to another service center, if available;
transfer of goods to another master, regardless of the place of service;
extension of the total repair period;
reduction in the value of the item in proportion to the amount of delay;
return of the goods in the form in which they are.

In any case, the buyer, seller and service center representative can enter into an agreement according to which each party undertakes to fulfill the obligation within a specified period. If the period is violated, the buyer has the right to bring the document to court with a claim to recover the cost of losses, penalties and moral damages.

Receipt of goods after repair

After the repair work is completed, you will be called or sent an SMS message informing you that the product is ready. However, do not pick up the item until you are sure of the quality of the repair. Check it carefully for defects that were not there before the repair: scratches, chips, cracks. Also ask the employee to demonstrate to you that the product works. If you do not do this, you will not be able to make a claim for poor quality repairs.

Take written confirmation of the repairs performed. The act must indicate the following information:

date of your application;
date of acceptance of the product for warranty repair;
description of identified defects;
list of used components and spare parts;
period of restoration work;
confirmation of troubleshooting;
date of delivery of the product to the owner.

Inspect the item and ask the seller to test it in your presence.

Appeal to a judicial authority

If the warranty period is violated, the buyer sends a claim to the head of the store or service center. If there is no response, the buyer may go to court. However, it is imperative to try to resolve the conflict peacefully.

The trial begins with the filing of a statement of claim, which contains the following information:

name of the court;
location of the judicial authority;
if possible, the name, surname, and patronymic of the judge of the appropriate judicial district;
surname, name, patronymic of the plaintiff;
place of registration and residence of the plaintiff;
contact telephone number of the defendant and plaintiff;
name of the defendant;
location of the defendant;
information about the territorial division of the Russian consumer supervision, if its representative is involved in participation in the court;
cost of the claim;
calculation of the cost of the claim;
what rights of the plaintiff were violated;
why the conflict had to be resolved in court;
the process of resolving the issue peacefully;
requirements imposed on the defendant;
list of documents attached to the application;
date of filing the claim, signature of the applicant.

There is no need to pay state fees for consumer claims. The rule is regulated by the Tax Code of the Russian Federation.

However, if the cost of the statement of claim exceeds one million rubles, then the amount of the state duty is calculated in the usual manner.

ATTENTION! Look at the completed sample claim to the store for violation of warranty repair terms:

Arbitrage practice

In one of the courts of the Russian Federation, a consumer’s claim against the company for cancellation of the purchase and sale agreement, reimbursement of expenses incurred, payment of a penalty and compensation for moral damage caused was considered.

In the process of studying the content of the appeal, the following was established. The initiator purchased a mobile phone from a seller. The device was provided with a warranty of twelve actual months. During operation, a number of shortcomings were identified, namely: the phone got hot, turned off spontaneously, and the operating time of the charged battery was lower than set by the manufacturer. In this regard, the consumer handed over the device to the seller for warranty repairs and elimination of identified deficiencies. Subsequently, the initiator contacted the contractor with a demand for the return of the repaired phone. However, he was refused, since, according to the seller, the device had already been returned to the owner, although the latter had not received it. For this reason, the plaintiff sent another statement to the defendant demanding the return of the phone. In turn, the performer suggested that he replace the device with a similar one. Based on the above, the plaintiff asked the court to recover from the defendant the cost of the telephone, compensation for moral damage caused, expenses for the services of a legal representative, a penalty and a fine.

At the meeting, the initiator supported his demands and explained that to date, funds for the claim have not been paid and the phone has not been returned.

The contractor presented his objections to the plaintiff’s demands due to the fact that the latter did not present the goods for examination.

During the study of the presented documentary materials, it was established that the initiator actually purchased a mobile phone from the seller. During its operation, a number of shortcomings were identified. For this reason, the plaintiff turned to the defendant to repair the product. However, the phone was not subsequently returned to the owner. This is due to the fact that the contractor decided to replace the device without carrying out warranty repairs. However, in this case, the plaintiff’s claims were justified, since he exercised his unconditional right. In turn, the seller was obliged to return the money to the person.

Based on what was studied, the court made a decision. The plaintiff was paid the cost of the phone, compensation for moral damages and a fine. The amount of the penalty was reduced. The seller was obliged to cancel the purchase and sale agreement and pay the state duty.

Decision of October 20, 2021 in case No. 2-4064/2017

What jurisdiction

The jurisdiction of consumer issues is determined based on Article 28 of the Civil Procedure Code of the Russian Federation. The plaintiff is obliged to file a statement of claim at the location or registration of the defendant. Sometimes the actual location of the store differs significantly from the address specified when registering the company.

In this case, the claim is filed at the place:

location of the enterprise, if the company is a legal entity;
registration of a company, if the organization is an individual entrepreneur.

It is necessary to pay attention to such an important point as the court. Where to file an application directly depends on the cost of the claim.

If its price is less than or equal to 50,000 rubles, then the document is submitted to the magistrate’s court, if more, then to the district or city territorial division of the judicial authority.

The cost of the claim takes into account:

amount of material damage;
amount of penalty;
the cost of repairing a low-quality item;
cost of independent examination;
moral injury.

Refusal to carry out warranty repairs

In some cases, the seller has the right to refuse warranty repairs. This is possible if:

the item broke due to improper use;
you transported or stored the product incorrectly;
the breakdown occurred due to unforeseen circumstances;
liquid has entered the electrical appliance;
the warranty period has expired;
the product has mechanical damage (chips, scratches);
the rules for using the product have been violated.

If the item was treated poorly, you should not count on warranty repairs.

Claim procedure

The statement of claim is drawn up in writing and submitted at the location or registration of the defendant in several ways:

personally by the plaintiff through the office of the authority;
by registered mail with notification;
through a proxy who has a notarized document.

Remember! The number of copies of the claim depends on the number of participants in the case.

The plaintiff will have to write a paper for:

myself;
ships;
defendant.

Within five days, the court considers the statement of claim and makes a decision on its acceptance. All parties to the case are notified of this.

If satisfaction is refused

Upon receipt of an appeal, a person must consider it and make a decision on it.

First of all, the management of the organization appoints the performer. The Contractor has the right to conduct a quality check.

In this case, the inspection must be carried out in the presence of the person who applied, therefore the contractor is obliged to notify the applicant in advance of the time and place of the inspection.

The contractor may also require an examination of the goods, since the shortcomings could have arisen due to the fault of the recipient of the service.