Claim for a refund for a technically complex product in case of violation of the warranty repair period (45 days)

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Published: 10/22/2018

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The warranty period is the period during which the consumer, upon discovering a defect in the purchased product, has the right to contact the manufacturer, seller or authorized organization with a request to correct the defect, return or replace the purchase, or reduce the price by the value of the existing defect. As a rule, it is prescribed in the warranty card, technical passport or instructions for the product (clause 6 of Article 5 of Federal Law No. 2300-1 “On the Protection of Consumer Rights”).

Who determines the warranty period for a product?
Start date of the warranty period
Extension of the warranty period Warranty repair period
Extension of warranty after repair
Warranty period extension period

The warranty period is established for non-food products of durable use. For other items, for example, cosmetics, medications, household chemicals, an expiration date is established.

However, you should know that the warranty period for non-food products directly depends on the product itself. For example, the warranty on clothing ranges from one to several months, and on cars and other vehicles from two years.

Who sets the warranty period and why is it needed?

The guarantee is given for items that will be used for a long time, but for other items an expiration date is given. However, the duration of the warranty depends on the product. For example, if the warranty period for a car can last several years, then for clothing it is only a couple of weeks or months. This is why it is important to consider whether the warranty can be extended after certain warranty obligations have already been met.

Since the warranty varies for different items, many buyers are interested in who sets the warranty periods in question. As a rule, they can be installed by the following persons:

manufacturers;
sellers.

True, in most cases it is the manufacturers who provide a guarantee for their products, taking into account many factors. But the seller can establish a warranty only if the manufacturer does not specify one.

The warranty period is set to protect consumers from defective items if they come onto the market. Thus, the manufacturer must produce products of sufficient quality so as not to work at a loss, constantly replacing one product with another or repairing breakdowns.

Under what conditions will repairs be carried out free of charge?

The law protects the rights of consumers, therefore, if a product that is supposed to work for many years breaks down for no apparent reason, there are good reasons to demand that the breakdown be repaired at the expense of the manufacturer who made the defect.

But at the same time, you should pay attention to the factors that are taken into account when you want to receive free help. These include:

How much time has passed since the purchase. Within two weeks (14 days) from the date of purchase, purchased goods can be returned and your money back, but provided they remain in their original condition. If the thing was used and it broke, the fact of appearance is not of fundamental importance. But sellers usually insist on a product examination to make sure that the case is covered by warranty. According to the law, if the case is truly under warranty, the examination and repair must be completed within 45 days, otherwise a penalty will begin to accrue.
Category of goods under warranty. Technically complex products, which include vehicles, refrigerators (other large home appliances), computers and gadgets, can be fixed under warranty. They can be replaced or received a refund only if the defect is so complex that it is impossible to eliminate it, or if the buyer had to constantly contact the service center for warranty repairs on the same product.

Also, the buyer may demand compensation for the costs of restoring the functionality of the purchased item if it is repaired by outside specialists. But not in the case of technically complex subjects.

Separately, cases are considered when the buyer purchased the product knowingly knowing about the defect it contained. In this case, he will not be able to apply under warranty to fix it. In addition, for defective goods, as a rule, significant discounts are awarded. Exactly the same rules apply if the property was damaged by the owner himself. For example, a person dropped a phone he had just purchased, got it wet, or in some other way violated the conditions of its operation or storage.

What else can the consumer require?

The Consumer Rights Protection Law provides a fairly wide range of rights that a consumer can use if a problem occurs with a purchased product.

Thus, the buyer, at his choice, may require from the seller:

make repairs at the expense of the supplier of the goods or the seller’s funds;
exchange the product for exactly the same one;
exchange for a similar product of another brand. In this case, an additional payment or refund of the difference from the cost of the new product is possible;
mark down the goods.

The Law gives the consumer 36 days to make such claims.

When does the warranty period begin?

The start time for the warranty depends on several parameters:

immediately after the item is transferred into the buyer’s possession (provided that there are no special clauses in the contract);
from the moment of manufacture (if it is not possible to determine exactly when the purchase was made);
from the onset of a certain season (if we are talking about seasonal things);
from the moment the goods are transferred by mail, the period begins from the minute the item falls into the hands of the recipient.

In other words, the warranty begins to apply only from the moment when the product is directly with the buyer and he can fully use it.

How to calculate warranty repair periods

Let's say you started using a smartphone, but for some unknown reason it stopped working the very next day after purchase. What to do in this case? Send the gadget for warranty repair.

According to the law, the maximum period during which equipment must be put in order is 45 days. But you also need to learn how to calculate it correctly in order to determine whether the unit in question is not violated.

So, the countdown in question begins the day after the buyer contacted the seller. It ends on the day the person received his equipment back. At the same time, the legislation of the Russian Federation does not provide for any suspension or interruption of this period, even if an examination is carried out to determine the cause of the breakdown. Time flies and the repaired gadget should reach the buyer within the stated 45 days.

Also, the time interval for repairs can be set by the parties. To do this, you need to draw up a written agreement that specifies the objective time frame necessary to eliminate the deficiency. But even in this case, the period should not be longer than 45 days. If the deadlines are violated, for each day of delay the organization engaged in repairs is charged a penalty of 1% of the price of the goods being repaired.

If it is not possible to complete all the work during this period for objective reasons, the time frame may be postponed. While the repair is ongoing, the buyer may request that he be provided with a similar product, which he will use until the breakdown is fixed. But only if this product is not on the list of items for which it is not necessary to provide a replacement.

What rights does the consumer have if the warranty repair period is exceeded?

The repair period available to the specialist may be extended. This period does not include the time that was necessary to diagnose product problems or conduct an examination.

The seller or warranty repair center is held administratively liable under Article 23 of the Law of the Russian Federation No. 2300-I if the established deadline for repairing the product is missed, and a penalty equal to 1% of the price of the product is imposed. The penalty is calculated daily.

The buyer has the right:

replacing the product with a similar one or similar in characteristics;
demand the return of money spent on the purchase of goods;
demand reimbursement of costs for repairing the product in another workshop.

The deadline for replacing an item is 1 week, provided that the seller has the required item. If the seller does not have such goods, the period may be extended to 30 days. Within 10 days the funds are returned to the buyer.

Source

Features of extending the warranty period after repair work: what needs to be done

First of all, the warranty only applies to items that have been repaired under the warranty, not when the person has done the work themselves. To obtain an extension, you need to follow this procedure:

First step. The flaw was discovered and the user contacted the seller to fix the problem. The procedure does not end with an oral appeal - you need to write a special statement, indicating the requirements and listing the detected shortcomings. From the moment the seller receives an application from the buyer, the current warranty is suspended.
Second step. Contact the service center. The representative of the center gives the person who contacts a document indicating the date of sending the goods for repair and the approximate period when the problem will be fixed.
Step three. Returning the repaired product to the consumer. After this, the client is given a document that, in addition to the date of contacting the service center, indicates which breakdowns were corrected, which spare parts were used and the date when the device was transferred to its owner.

As soon as the product reaches the user, the warranty begins to apply again.

Extension of the warranty service agreement for the repair period

Many buyers who are faced with warranty repairs are often concerned about whether this period will change due to the fact that the product will be in the workshop for some time.

According to Part 3 of Art. 20 of the Law “On the Protection of Consumer Rights”, the warranty repair period is extended for the period of time during which the product was under repair and its owner could not use it for its intended purpose.

How is the time period for which the warranty period will be extended determined?

Its countdown begins from the day the buyer applies with a request to eliminate the breakdown and ends with the date the goods are returned to the owner.

When the product is transferred to a service center or workshop, the warranty period is suspended.

To extend the warranty period for a product that has some problems or defects, the consumer must follow these steps.

Make a written complaint and submit it to the seller of the product or the manufacturer.

What should be included in the claim?

First of all, you need the personal data of the buyer and the seller, the date of purchase of the goods, the place of purchase, a description of all detected problems with a detailed description of them, and the requirements put forward by the client.

At the end of the document, the buyer puts his signature and the date the document was drawn up.

The document is drawn up in two copies. The first is handed over to the seller, and the second, with the seller’s acceptance mark and signature, remains with the buyer.

Bring the product with a manufacturing defect to the manufacturer, seller or authorized representative.

When transferring goods, a special act is drawn up. In it, the contractor indicates the reason why the buyer contacted them, as well as the result of checking the goods. Also, this document contains information about the repair period.

The buyer must have a copy of this document so that in case of misunderstandings, he can prove that the product was transferred for warranty repair.

If you are not given such a copy, do not back down, but insist on issuing it, especially since it is in your interests.

When returning a product from repair, inspect it carefully to make sure it is working and all defects have been corrected.

When transferring the goods to the buyer, the contractor is obliged to hand over a document containing information about warranty repairs.

This is a mandatory requirement for the performer, which is enshrined in Part 3 of Art. 20 of the Law “On Protection of Consumer Rights”.

The client receives a special document containing the following information:

The date the buyer applied for warranty repairs of the specified product;
Date of receipt of the goods at the service center or workshop;
The presence of breakdowns, their detailed description, and what the repairmen did to fix them;
The number of days during which the product was under repair;
What parts and spare parts were used in troubleshooting;
The date the item was returned to the owner.

In addition to this document, the warranty card in the workshop must include a mark indicating that the repair work has been carried out, as well as the seal and signature of the technician who repaired the fault.

If there is such a mark, then in the future, the buyer will be able to prove the fact of defects in the product due to the fault of the manufacturer and the period during which the product was under warranty repair.

The documents we mentioned above can later be used to extend the warranty period for the product if the seller has any questions about this.

From what date does the warranty period begin?

Read about the warranty periods under the Civil Code of the Russian Federation here.

What is the maximum period of warranty repair by law, read the link:

Period for which the warranty can be extended

Warranty benefits may be extended for as long as the person is unable to use their purchase. But only on the condition that the inability to use the product is due to problems found in it.

As already mentioned, the warranty is suspended from the day the person contacted the seller and begins as soon as the product was received. If a part has been replaced, the warranty of the new part, as well as the equipment in general, is calculated at the old rate and is not “reset to zero”. Even if almost all components have been replaced. True, provided that the contract with the manufacturer does not indicate the opposite.

Typically the warranty is up to two years, but the contract may also specify extended periods. This is an individual practice, so the buyer should read the contract in detail before signing it. If such conditions are provided, the customer will have the opportunity to apply for free repairs even after the standard warranty period has expired.

Jurisdiction

The general rules of jurisdiction of cases are determined by Article 28 of the Civil Procedure Code of the Russian Federation. Consumer protection cases are filed in court at the defendant’s place of residence. If it is a legal entity, then at its location.

If an individual entrepreneur is involved as a defendant, the claim is filed in court at the place of his registration as a business entity. That is, his place of registration as an individual may not coincide with the place of registration as an individual entrepreneur.

Depending on the value of the claims, the jurisdiction of this category of case is determined. So, if the value of the claim is up to 50 thousand rubles, the claim will be considered by a magistrate. If the amount exceeds the 50 thousand barrier, the case is subject to consideration in the district court.

In addition to direct claims that determine the price of the claim, the consumer can claim compensation for moral damage caused and payment of penalties. These amounts do not affect the cost of the claim, and therefore do not change the rules of jurisdiction of cases.