Life hacks: when you can avoid paying for household appliance repairs and how to solve problems

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Repeated breakdown after warranty repair

Important! As stated in paragraph 1 of Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, if a defect is detected in the operation of the product during the warranty period, the buyer has the right to demand:

• carry out warranty repairs, and the duration of repairs should not exceed 45 days;
• exchange a defective product for a similar product within 30 days;
• exchange goods for goods of a different brand and model that have similar characteristics and properties;
• return the funds within 10 calendar days from the date of application.

Such demands can only be made if the buyer was not notified of the purchase of a product with special features (a display sample or a used product).

If the product was purchased without visible defects, in full original packaging, and no defects were identified during inspection before purchase, then the store must satisfy one of the above requirements.

If the seller does not accept the claim during a personal visit to the store, then it can be sent by mail in a valuable letter. After sending, you should save the receipt.

If the buyer personally contacts the store with a claim, then it should be prepared in two copies. One should be handed to the seller, the second should be marked by the manager to accept the claim. The second copy remains in the hands of the buyer and serves as confirmation of contacting the store with a claim.

According to paragraph 5 of Article 18 of this law, the seller is obliged to consider the claim, accept the defective product, check it and carry out warranty repairs. Also, at the request of the client, the seller is obliged to return the money for the purchase or exchange the defective product.

According to paragraph 6 of this article, the buyer is not required to prove that the breakdown was not his fault. Until the seller proves that the product defect was caused by improper use by the buyer, the seller is responsible for warranty repairs. This means that the seller is obliged to respond to the claim within the time limits established by law.

Possibility of returning and exchanging goods

If any deficiencies are detected, the buyer has the right to return the purchased non-food durable product under warranty in the following cases:

1. The presence of a defect was not discussed with the seller at the time of purchase.
2. The technical characteristics or packaging of the product do not fully or partially correspond to the declared characteristics or packaging.
3. The defect interferes with the normal functioning and intended use of the product.

Accordingly, in situations opposite to the above, returning the goods under warranty is impossible or remains at the discretion of the seller.

Warranty obligations do not apply to cases where the cause of the defect was a gross violation by the buyer of the recommendations given in the instructions or other documents for the product regarding its operation, transportation or storage.

In addition, according to legal requirements, goods under warranty can be returned by the buyer only if there are no traces of repairs on it that were not carried out at a certified service center.

How to write a complaint to the seller

There is no specific form for a claim; it must be made in writing, in any form.

Please note! However, the claim must include the following information:

• the claim is made in the name of the seller, indicating the name, legal and actual addresses;
• Below is the buyer's full name, residential address and contact information;
• the main part should state under what circumstances and at what price the goods were purchased, and how long after the purchase the defect was discovered;
• it is necessary to describe how this defect affects the functions of the product;
• it is also necessary to reflect information about warranty repairs performed previously;
• then the buyer sets out his demands (repair, exchange, return money);
• justification of your requirements (references to paragraphs of the Law of the Russian Federation “On the Protection of Consumer Rights”);
• list of attached documents (documents confirming purchase, warranty repairs, etc.);
• date and signature.

It is extremely important to refer to the regulations under which consumer rights were violated. In addition to the above-mentioned law, you should refer to the Civil Code of the Russian Federation.

If the weight of the goods exceeds 5 kg, then the claim should indicate who delivered the goods to the store and the cost of delivery. In case of such requests, the seller is obliged to compensate for the expenses incurred by the buyer in connection with the purchase of defective goods.

ATTENTION! View the completed sample claim for return of goods after warranty repair:

Issue of a replacement phone during warranty repairs.

What warranty obligations does the developer bear after the delivery of the house, read here.

Where to go if you have done a bad body repair, read the link:

Terms of replacement and return

In accordance with Art. 21 of Law No. 2300-1, the period for replacing a low-quality product with an identical new (not used) product is limited to seven days from the moment the buyer submits a corresponding claim, however, it can be significantly extended depending on the circumstances - the availability of the replacement product, timing and complexity its delivery, etc.

According to Art. 22 of Law No. 2300-1, the period for the return of money upon termination of a purchase and sale transaction and the return of low-quality goods to the seller (or other receiving party) is limited to ten days from the date the buyer submits a claim.

Moreover, if the responsible party violates the above deadlines without objective reasons, it is obliged to pay the buyer an amount equal to 1% of the cost of the goods for each day of delay.

Additional documents for the claim

Important! To confirm the data stated in the claim, the following documents should be attached:

• purchase and sale agreement (if concluded);
• warranty card with marks;
• technical data sheet of the product;
• cash receipt;
• conclusion of the examination.

If the receipt for the purchase has not been saved, then as proof of the purchase you can present the testimony of a witness or a statement of card transactions (for non-cash payments).

You should also attach any documents that prove the presence of a defect.

If the buyer does not provide any of the specified documents, the seller does not have the right to refuse to satisfy the claim.

ATTENTION! Look at the completed sample application for the restoration of a lost check:

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

What is given for?

The possibility of a warranty for household appliances is established by law and contains a number of features.

IMPORTANT: almost all equipment is a technically complex product to which special requirements apply. The list was approved by Government Decree No. 924 of 2011.

As a general rule, claims cannot be made for such equipment after 15 days from the date of purchase. But the inability to use the item within 30 days of the warranty period is the basis for filing a quality claim after the expiration of 15 days.

It is typical for equipment that the warranty is established both for the main product and its components. Although the calculation procedure is the same, its duration may differ:

1. The contract for individual parts can be set less than for the main part.
2. It is possible to establish a longer period for component products.

IMPORTANT: the manufacturer or seller may establish an additional obligation in which it fulfills the requirements also after the expiration of the warranty.

Estimated response times

In accordance with current legislation, the seller is obliged to eliminate the defect within 45 days. This is the maximum period allowed to satisfy the client's requirements. If within the specified period the seller has not repaired the product and has not responded to the claim, then the buyer has the right to file an application in court.

However, by agreement of the parties, in the presence of certain circumstances, an extension of the repair period is allowed. To resolve all disputes related to returns, discounts or exchanges, the law allows 10 days.

During this period, the seller conducts an examination, during which the cause of the defect is determined. Then the seller returns the money, exchanges it for a similar product, or makes repairs.

If the results of the examination do not satisfy the buyer, then he has the right to conduct an independent examination and pay for it himself. The costs of the examination can then be recovered from the seller.

After filing a claim, the seller will take some time to investigate the circumstances. The law allows 7 calendar days for this. This period may be extended if the parties insist on conducting additional examination. In this case, the store’s response time to the complaint increases to 20 days.

If the seller is ready to replace the product with a similar one, but this model is not available, then the waiting period can be increased to 30 days.

The fastest option is to offer the buyer a temporary replacement. But the seller is obliged to voice such a decision within 3 days.

Watch the video. Expiration date, service life, warranty period:

How the operation is reflected in 1C: Government Accounting 8th edition. 2

For example, a budgetary organization bought an operating system at the expense of a subsidy to fulfill a government task (KFO 4), and put it on the books as part of the operating system. The item broke down during the warranty period. The seller replaced the broken OS with similar equipment of the same brand and cost.

How to write off OS from the balance sheet for safekeeping

In 1C: Government Accounting, 8th edition. 2 write-off of fixed assets from the balance sheet with fixation on an off-balance sheet account (operation 1) is executed through documents from the section “Fixed assets, intangible assets, legal acts”:

• “Write-off of assets of fixed assets, intangible assets, legal acts” - indicates the standard operation “Write-off of deteriorated objects of fixed assets, intangible assets, and legal acts (401.10.172)”;
• “Write-off of transport” - indicates the standard operation “Write-off of vehicles that have become unusable (401.10.172)”;
• “Write-off of soft and household goods. inventory (OS)" - indicates the typical operation "Write-off of household items. inventory."

To reflect fixed assets on an off-balance sheet account. 02.3 “Assets not recognized as assets”, it is required to check the “Accept for storage” checkbox in the documents for write-off. And if the responsible person changes, then put a new person in the “MOL/Storage location” details.

The remaining document details must be entered as usual. In the “Accounting transaction” tab, when selecting a standard transaction, you need to enter information in the “Account (not assets)” detail - enter the account. 02.3. When the document is posted, the program will create transactions to write off fixed assets from the balance sheet and display it on an off-balance sheet account. 02.3.

How to transfer a faulty OS to the seller

To transfer fixed assets to the seller (operation 2), it is necessary to reflect in accounting the decrease in the off-balance sheet account. 02.3. It is drawn up in the document “Write-off of fixed assets, intangible assets, legal assets (except for transport.” In this case, the type of write-off is indicated “Write-off of fixed assets, intangible assets, legal assets accepted for storage (02)” and the standard operation “Write-off of fixed assets (use, storage, non-assets)" .

How to present the seller with the amount of compensation in kind

To accrue the seller’s debt when replacing OS (operation 3), you need to fill out the document “Operation (accounting)” in the “Accounting and Reporting” section. It should reflect the correspondence:

Dt KRB 4,209 34,564 Kt KDB 4,401 10,172

The seller's debt in the amount of claims for compensation of the buyer's expenses is accrued within the framework of the same CFO for which the costs of purchasing the fixed assets were indicated. The organization will not receive income, it will only return funds in cash or in kind due to the seller’s improper fulfillment of obligations under the contract. And the operation is carried out within the framework of one transaction.

How to determine the actual (initial) cost of a replacement OS

To accept for accounting the fixed assets received during replacement (operation 4), to the account. 106 01 “Investments in fixed assets”, the document “Operation (accounting)” also applies. It indicates correspondence:

Dt KRB 4,106 31,310 Kt KRB 4,209 34,664

How to take into account the OS received during replacement

To accept for accounting on the account. 101 00 fixed asset received upon replacement (operation 5), the user generates the document “Acceptance for accounting of fixed assets, intangible assets, legal acts.” In this case, you need to indicate the type of receipt - “Acceptance for accounting from account 106 (purchase)”.

This document is generated for a new directory element “Fixed assets, intangible assets, legal acts” and is assigned a new inventory number.

You can purchase services that help you work as an accountant here.

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Duration of repairs under the warranty service agreement

Please note! Warranty period is the period of time during which:

• the buyer has the right to file a claim with the seller if defects are identified;
• The manufacturer guarantees uninterrupted operation of the product.

Taking into account their obligations, these persons are obliged to eliminate the identified defects free of charge. To do this, the buyer should establish that the defect did not arise through the fault of the consumer, and also receive a package of necessary documents from him.

The warranty period is set by the seller or manufacturer. The calculation of the period begins from the moment the product is sold. The sale of a product means that it has been transferred into the possession of the buyer. At this point, a corresponding mark is placed on the warranty card.

If the warranty period is not specified in the documents, then, according to current legislation, it is 2 years. The warranty for seasonal goods begins at the time of season change. When purchasing, you should clarify whether the warranty covers all parts of the product or just the components.

Buyers are often concerned about how long it will take for repairs to be carried out under warranty. The buyer does not have to spend months waiting for the renovation to be completed. What should you consider if you decide to file a claim with a non-performing seller?

Phone breakdown

A cell phone breakdown does not always allow the owner to count on its return or exchange. Moreover, his store may even refuse to repair it. The main advantage that the seller tries to use when making claims from the buyer is the wording of the Law. Article 18 states that technically complex goods are subject to return or exchange only if a significant defect is detected. This term refers to the fact that the identified defect cannot be eliminated or when repairing it, certain properties of the gadget will be lost. That is why often when a mobile phone fails, you can only count on repairs.

Damages that occur as a result of improper use are repaired at the expense of the consumer. Therefore, cracks, chips, dents on the body or glass of the gadget are clear signs that the non-working condition was acquired due to poor handling, and not through the fault of the manufacturer. Such defects will not be covered by the warranty.

Repeated repairs: what happens to the warranty?

If the buyer applies for repairs under warranty, the calculation of the warranty period is suspended for the period during which the product is in the service center.

After the product is returned to the consumer, the warranty period continues to count. When receiving a product for repair, it is also important to check that the service center has entered the corresponding dates in the warranty card. There you should indicate the dates of the repair, the nature of the breakdown, and a list of parts that had to be replaced.

Additional warranty period for smartphone

The services offered by retail outlets expand the warranty conditions and are in addition to the standard ones.

Before making a decision, you need to find out what period the manufacturer gives. Because cunning entrepreneurs repair breakdowns at the expense of clients. How? If a product comes with 2 years of free service, and the manager has reduced the duration by offering to pay for what is provided free of charge, this is a great benefit for the seller and a gross violation of consumer rights.

The additional warranty period is paid voluntarily, and it will be difficult to return the money.

Is it possible to refuse repeated warranty repairs of a product?

The consumer is not obliged to repeatedly seek repairs for defective goods. Hardly anyone wants to waste their time and constantly contact the service center.

If a product does not serve properly and constantly breaks down, then it is quite natural that the buyer will want to get rid of it. For this reason, the law does not prohibit the consumer from insisting on the replacement of a faulty appliance.

Please note! The following options are possible:

• the seller provides a discount related to the inconvenience caused to the buyer and makes repairs;
• the seller exchanges the product for a similar one of the same model;
• the buyer receives in return a product from another manufacturer or model that has similar properties;
• the seller returns the money in full.

However, it is not possible to resolve the issue in this way with all groups of goods. Technically complex products are subject to repeated repairs. Among them it is worth noting cars, refrigerators, washing machines and dishwashers, stoves, ovens, etc.

The list of such goods is approved by Decree of the Government of the Russian Federation No. 924 of November 10, 2011. Technically complex goods are subject to exchange and return if defects are detected only within 2 weeks from the date of purchase.

After this period, a refund is possible if:

• a defect was discovered that does not allow the device to be used to its full extent, the malfunction reappeared after repair;
• the product was in the service center for more than 30 days within 1 year, which indicates a significant breakdown;
• The seller exceeded the warranty repair period.

If the defect reappears after repair, it means that the product cannot be used for its intended purpose, which is grounds for return.

If a defect is discovered after 2 weeks from the date of purchase, then it will not be possible to simply return the product to the seller. In this case, only warranty repairs are possible. If, upon returning the product from the service center, the defect reappears, you will have to contact again or insist on receiving a discount from the seller.

Cell phone warranty

The purchase of a mobile phone should be approached with maximum responsibility. The consumer should know several important aspects directly related to this type of gadget. The main rule is that cell phones are included in the List of technically complex goods that cannot be returned within 14 days. The consumer cannot return a working device to the store based on the fact that it does not fit in size, color or characteristics. For this reason, all nuances should be considered before purchasing. There are still loopholes in this restriction; the buyer will be able to return the purchased high-quality mobile phone, provided that he proves that the information received from the seller about the properties of the phone is incorrect or that he is silent about significant points that run counter to the person’s original goal. Proving this fact is difficult and time-consuming, so it is better to protect yourself from such moments.

When you make a mobile purchase, the manufacturer's warranty begins to apply. It is counted from the date of purchase, which is confirmed by a receipt or issued warranty card. In most cases, manufacturers provide a year of warranty service, less often two. During this time, the owner of the gadget can make claims based on identified defects and demand replacement of the device or free repair.

Statement of claim to a judicial authority

If, after filing a claim, the seller refuses to fulfill his obligations, then he should go to court.

The application is submitted to the magistrate or district court:

• at the location of the plaintiff;
• at the place of purchase;
• at the legal address of the defendant.

Please note! The application is drawn up in free form, but must contain:

• the name of the judicial authority to which the plaintiff applies;
• Full name, address and contact details of the plaintiff;
• name, legal and actual addresses of the defendant;
• the reason for referring to articles according to which consumer rights were violated;
• claims and amounts (in numbers and words);
• list of supporting documents (receipts, warranty card with marks, expert opinion, etc.);
• date and signature of the plaintiff.

If the cost of the claim exceeds 50,000 rubles, then the application is submitted to the district court, if not, to the world court.

In addition to the cost of the goods, the consumer has the right to claim compensation for moral damages and the cost of legal services.

ATTENTION! Look at the completed sample statement of claim against the seller for refusal to carry out warranty repairs:

Actions in case of repair failure

Refusal of warranty service may or may not have justified reasons. The seller has the right to refuse the consumer if:

1. There is no evidence that the product was purchased from this store.
2. There are obvious signs on the device that the owner dropped it or drowned it.
3. There are traces of self-remediation of problems, and it does not matter who made them.
4. The product was not used according to the instructions and contrary to its properties.

In other cases, the store must accept a mobile phone. However, an unjustified refusal is not a reason to forget about your rights. The consumer has the right to file a complaint with Rospotrebnadzor or even the court. The owner of a defective phone is also recommended to initiate an independent examination, which will give an official conclusion on the cause of the breakdown. Subsequently, these expenses can be reimbursed at the expense of the seller.

What is warranty coverage?

Warranty obligations are, in other words, mandatory warranty service for a product, work or service. The supplier provides security for such obligations either with money that is frozen for the entire period of warranty service, or with a bank guarantee.

The concept of “warranty obligations” includes those requirements that the customer sets for the quality of the product, the warranty period, the scope of guarantees and warranty service.

The amount of security for guarantee obligations in monetary terms should not exceed 10% of the initial maximum contract price. Performed by the supplier before acceptance under the contract.

Initially, security was mandatory for everyone, but from July 1, 2021, customers are no longer required to require it from suppliers. Now asking or not asking for security is a right, not an obligation. But if the customer sets such a requirement, the contractor must comply with it (clause 2.2 of Article 96 44-FZ).

Arbitrage practice

Decision in case No. 2-188/2018 (Tver region). The consumer purchased a refrigerator, but during operation it stopped working. During the dispute, the buyer made mistakes: he filed a claim after the warranty period had expired; filed his claim not against the central organization, but against a branch that is not a representative.

Therefore, the court partially satisfied the buyer's demands.

Decision in case No. 2-130/2012 (Rostov region). The consumer purchased a refrigerator and went to court, insisting on replacing it, because... thought it was counterfeit. Due to errors, the court refused to satisfy the claims:

1. The citizen did not prove that the item purchased was counterfeit.
2. The buyer considered that the seller was obliged to install a special socket when installing the refrigerator.
3. The loaders' refusal to connect the refrigerator was interpreted as confirmation of the non-working condition of the equipment.

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Let's sum it up

1. Requirements to ensure warranty obligations under 44-FZ are a right, not an obligation of the customer.
2. The customer is obliged to make demands only if he is purchasing machinery or equipment.
3. If the customer has specified a collateral requirement, the supplier is obliged to fulfill it.
4. The supplier can use his own funds or use a bank guarantee.
5. The amount of security cannot exceed 10% of the NMCC.
6. The security requirements established in the government contract cannot be changed, canceled or violated.

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