- Warranty repair period under the consumer protection law
- Maximum repair period under warranty
- Violation of the warranty repair period
- How to correctly calculate the warranty repair period
- Is the store obligated to provide a replacement during warranty repairs?
- Extension of the warranty period after repair
Any product we purchase has a warranty. And as you know, the original right to establish a warranty period for a product belongs to its manufacturer; also, in the absence of a manufacturer’s warranty, it can be provided directly by the seller, who can also provide an additional warranty on the product.
Thus, the seller, manufacturer, as well as an authorized organization or importer are responsible for the quality of the product during the warranty period, and are obliged to correct defects identified during this period free of charge.
The absence of a factory or seller's warranty for a product does not mean that it is impossible to make claims in the event of a breakdown. If neither the manufacturer nor the seller has established a warranty period for the product, then you should be guided by the provisions of the law (Clause 1, Article 19 of the Law on the Protection of Consumer Rights) regarding the maximum two-year period for making claims regarding the quality of the product.
Failure to comply with the terms of repair work under warranty entails quite serious consequences for the seller or manufacturer, including termination of the contract for the purchase of goods, with the application of other sanctions provided for by legislation on the protection of consumer rights.
The question of violation of the warranty repair period for a product is widespread among consumers, and in this article we will try to answer most of the questions related to this.
Also, our consumer rights protection specialists are ready to answer any of your questions by phone or in person, and provide qualified legal assistance in resolving the most complex disputes in the field of consumer rights protection.
Consumer disputes are one of the highest priority areas in the work of lawyers.
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How long should a product be repaired under warranty?
Having received the product for repair under warranty, the seller is obliged to repair it within 45 calendar days (Article 20 of the Law of 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights”). This period is established for all types of goods:
- industrial equipment;
- household appliances;
- smartphones, incl. iPhones;
- cars;
- office equipment;
- all other technically complex goods.
The specified period is calculated from the day following the day the item was transferred for repair to the seller or service center. For example, if you sent your smartphone to be repaired on September 1, it must be returned to you no later than October 15. This period includes all work: quality control (diagnostics), and the repair itself.
Note: to find out where to take your equipment for repairs under warranty, look at the warranty card. Usually all the information is indicated there, and you need to take it not to the store, but to the service center - when accepting a faulty product, it also assumes the seller’s responsibilities as provided for by the PSA.
Is it possible to extend
The seller, by agreement with you, may extend the warranty repair period. But you need to warn about this in advance if during the work it becomes obvious that it does not meet the deadlines.
When can a consumer be denied warranty service?
In some cases, the consumer may be denied service under the warranty. Namely, if the seller proves that the defect appeared after the product was handed over to you, as a result of clause 6 of Art. 18 No. 2300-1 Law of the Russian Federation:
- Its improper operation/storage/transportation.
- Force majeure.
- Interventions by others.
If such circumstances are confirmed, the seller (manufacturer), authorized organization/individual entrepreneur, importer, is not responsible for any defects in the product and will refuse to service you. In this case, you will have to pay for repair work at your own expense.
Will they give a replacement?
For the entire period of warranty repair of durable goods, the seller is obliged to provide a replacement. To do this, you just need to submit an application, and the equipment will be issued within three days. There is no charge for this.
Replacement goods are not always provided. For example, if you have returned a car, furniture, electrical appliance, motorcycle, civilian weapon or jewelry for repair, you are not required by law to provide a replacement (Resolution of the Government of the Russian Federation of December 31, 2020 No. 2463 “On approval of the Sales Rules...”).
Some stores still provide replacement goods, although they are not required to. It is better to ask the seller about this. For example, some car dealerships provide cars during warranty repairs.
Phone warranty under consumer protection law
Is it possible and how to return a TV to a store under the consumer protection law?
What to do if the warranty repair period exceeds 45 days
If the seller does not meet the deadline established by the PPA, you have several options:
- Conclude an agreement with him to extend the period.
- Demand a penalty in the amount of 1% of the price of the goods for each day of delay, regardless of how the seller works: as a legal entity or individual entrepreneur (Article 23 of Law No. 2300-1).
- Demand that the faulty equipment be replaced with a product of proper quality, a refund, or a proportionate reduction in cost.
An example of calculating a penalty. A woman sent in a smartphone purchased for 20,000 rubles for repair. a few days ago. The service center violated the warranty repair period and returned the smartphone 10 days later.
How the calculation is done:
20,000 x 1% = 200 rub. - penalty for one day.
200 x 10 = 2,000 rub. - penalty for the entire time.
It is better to present any of the requirements before receiving the item, or immediately at the time of delivery. If the product is repaired, even if not on time, you will receive it and use it; in the future, it will be problematic to exchange or return it, even through the courts.
If the goods are not delivered and the deadlines are violated
In such a situation, you can send a written claim to the seller, requesting payment of a penalty, replacement of goods, or termination of the sales contract.
What is stated in the claim:
- the name of the store or service center, depending on where the goods were delivered;
- your full name, address, telephone number;
- information about the product: name, brand, model, article number, etc.;
- date and place of purchase;
- date and place of delivery of the goods for repair;
- the number of days that have passed since the end of the warranty repair period;
- demands (for payment of a penalty, return of money, etc.);
- inventory of submitted documents;
- date of compilation and signature.
The claim must be accompanied by a copy of the receipt confirming the purchase, as well as a copy of the transfer deed or other document that should have been given to you when the product was returned for repair.
Sample claim
If the complaint didn’t help
Typically, sellers try to resolve problems with buyers amicably, without going to court, especially if they are in the wrong.
But some completely ignore both claims and laws - then you have a direct road to court. In addition to the requirements that you indicated in the claim, you can also demand a fine in the amount of 50% of the amount awarded in your favor (Article 13 of the PZPP). You can also seek compensation for moral damage (Article 15 of the Law of the Russian Federation).
How to draw up and where to file a claim
You can file a claim for up to RUB 100,000. to the magistrate's court at your place of residence or the address of the seller - your choice. If the amount exceeds 100,000 rubles, you should contact the district court.
What needs to be done step by step:
- Prepare all documents related to the case: a copy of the notice of delivery of the pre-trial claim to the defendant, a check, an act on the transfer of goods for repair, receipts, etc.
- Draw up a statement of claim in at least three copies.
- Send one copy of the claim to the defendant and wait for notification of delivery.
- Submit documents to the court in person or through the State Automated System “Justice” online.
After this, the court will send a copy of the ruling on acceptance of documents to your address, the date of the first hearing will be indicated there. It is advisable not to miss hearings and attend in person, or send a representative there: at any moment the matter may turn out not in your favor, it all depends on the specific situation.
A certified copy of the decision must be given to you within five days after it is made in final form. The defendant must make all payments within the time limits established by the decision after it enters into force. Until this moment, he has the right to challenge it through the court of appeal.
Sample claim
About the umbrella mechanism
– Umbrellas can be automatic (opening the umbrella and folding the canopy back when you press a button), semi-automatic (only opening the umbrella, and folding the canopy manually) and mechanical (completely manual opening and folding of the umbrella).
It is mistakenly believed that there are “full automatic” or “super automatic” umbrellas with a device without the need to bring the folded umbrella to its original position. There are no such umbrellas; any umbrella will have to be brought by hand until it clicks in the initial closed position. This is due to the fact that the spring of the opening mechanism must be compressed to the ready position for opening the umbrella. On its own, without external influence, it cannot do this.
The main secret of the reliability of the mechanism:
The fewer moving mechanisms in an umbrella, the more reliable it is. The most unreliable are cheap lightweight telescopic umbrellas with the maximum number of folds. The most reliable are cane umbrellas with a large number of canopy spokes and an “anti-wind” device, which turns the canopy inside out, preventing the wind from breaking the spokes. “Anti-wind” is also found in telescopic models.
Collection of penalties for violation of warranty repair terms: judicial practice
Most often, people go to court when the warranty period for car repairs is violated. Let's look at a few examples:
No. 1. The man bought a UAZ Patriot, which came with a warranty of 36 months or 100,000 km. During maintenance, a faulty driveshaft was discovered and replacement was recommended.
The car dealer postponed warranty repairs several times, arguing that there were no spare parts in stock. As a result, the buyer demanded, along with the repairs, to pay him a penalty due to the delay in repairs.
The car was repaired, but the penalty was not listed. Then the man went to court, demanding from the defendant a penalty, compensation for moral damages and a fine of 50% for failure to satisfy the consumer’s demands voluntarily.
By decision No. 2-5498/2016 2-5498/2016~M-4674/2016 M-4674/2016 dated November 25, 2021 in case No. 2-5498/2016 the requirements were partially satisfied. The defendant was ordered to pay everything to the plaintiff, but in a smaller amount than stated in the lawsuit. They also collected a state fee from him.
No. 2. A woman bought a car at a car dealership for 994,000 rubles. During operation, the multifunction steering wheel stopped working, there are problems with the sound signal and the airbag light.
The buyer sent the car in for repair under warranty. When 45 days had passed, she sent a claim to the car dealership for warranty repairs, and in response she was informed that the faults were not confirmed. The seller offered her to leave the car for more detailed diagnostics, but she refused. She was denied payment of the penalty.
After this, the woman filed a claim in court to recover a penalty for failure to comply with the warranty repair period in the amount of 616,280 rubles. and a 50% fine in the amount of RUB 308,140.
By decision No. 2-2639/2015 2-2639/2015~M-2255/2015 M-2255/2015 dated June 1, 2015 in case No. 2-2639/2015 the requirements were partially satisfied. The court ordered the defendant to pay 477,120 rubles. as a penalty, and 238,560 rubles. fine
Lawyer's answers to private questions
How is the penalty for violation of the warranty repair period calculated if the car was purchased on credit: from its cost, or from the amount actually paid on the loan?
The penalty is calculated from the full cost of the car, even if the car loan is not repaid. When purchasing, the store still receives money for the car: the buyer then pays not with him, but with the bank.
Is the warranty extended when the product is returned for repair?
Yes. The warranty period is extended by the number of days during which the product was repaired.
I sent my smartphone for warranty repair, and after 15 days an ASC employee called and said that I could pick it up. I didn’t expect it to be repaired so quickly; I returned from a business trip only two months later. Can I demand a penalty from the ASC if I took the smartphone after 45 days?
No. In this case, ASC did not violate the terms of warranty repairs. If the buyer does not pick up the goods on time for his own reasons, the ASC cannot be held liable.
Can a car dealer unilaterally extend the warranty repair period if there are no spare parts in stock?
No, extension is possible only by agreement with the buyer. In addition, the lack of spare parts is not a reason for failure to meet the deadline. However, the court may take this into account when determining the amount of the penalty.
I sent the refrigerator in for repair on the last day of the warranty; I was at the ASC for 15 days. How many days is the warranty extended: 1 or 15?
The warranty is extended by 15 days; a corresponding note must be made on the coupon.
Types of umbrellas
– Most often, an umbrella consists of four main parts: a handle (straight or hook, less often of a different shape, material – plastic, wood, leatherette (leatherette), leather);
mechanism (mechanical or automatic, less often – semi-automatic); frame (rod and spokes - steel or plastic) and dome. Also traditionally, umbrellas are divided into two types - canes and telescopic (from two to six folds of dome spokes). In fact, all umbrellas are folding - both canes and telescopic, but it is the latter that are usually called folding.
