What is the warranty for auto parts under the Law “On Protection of Consumer Rights”?

Warranty for Auto Parts According to the Law What is the Duration?

Accordingly, the warranty for auto parts begins to count from the moment the purchase and sale agreement is executed .

Thus, Article 25 of Law No. 2300-1 states that the consumer has the right to contact the point of sale within two weeks with a demand for an exchange or delivery of a spare part of proper quality to the store. In this case, the spare part must not have been used in operation and must have its original appearance, packaging, factory label and receipt.

Warranty period for spare parts (read more...)

Actions in case of seller refusal

Internal rules are invalid if they contradict the law and infringe on consumer rights . If the seller expresses a categorical refusal to return the auto part, he must do so in writing. Buyer actions:

1. Make a claim addressed to the store director and attach all documents to it, including a written refusal from the seller (2 copies).
2. Contact Rospotrebnadzor or another organization capable of initiating an inspection and understanding the situation (for example, the prosecutor’s office).
3. Go to court.

Additional Information

It is noteworthy that traders do not like litigation. And if the consumer is right according to all the rules, then his demand will be satisfied at the stage of submitting a complaint to the store director.

Warranty conditions

Warranty period for auto parts In case of purchasing a defective spare part, the buyer has the right to request from the other party a replacement of the part, a reduction in its cost by the amount of the defect, or a full refund. In this case, a claim, in accordance with Article 19 of Federal Law No. 2300-1, can be made during the warranty period or within two years if the warranty period was not established by an authorized person.

In order for a vehicle to serve its owner properly and not unexpectedly leave the race, it requires spare parts along with fuel and consumables. Situations are common when a problem is diagnosed at a car service center, the car owner buys expensive components and assemblies, and upon closer examination it turns out that a small element needs to be replaced. What to do with purchased auto parts if they are not needed?

Consumer Protection Act (Spare Parts)

Answer

The answer to the question is current as of the date on which it was given.

In accordance with paragraph 6 of Art. 5 of the Law The manufacturer (performer) has the right to establish a warranty period for the product (work) - the period during which, if a defect is detected in the product (work), the manufacturer (performer), seller, authorized organization or authorized individual entrepreneur, importer is obliged to satisfy the consumer’s requirements, established by Articles 18 and 29 of this Law.

The Consumer Rights Protection Law applies to the warranty for automobile spare parts, therefore, during the warranty period, the seller (manufacturer) in accordance with paragraph. 2 clause 6 art. 18 is responsible for defects in the goods unless he proves that they arose after the goods were transferred to the consumer due to the consumer’s violation of the rules for use, storage or transportation of the goods, actions of third parties or force majeure.

Since establishing a warranty period is a right, and not an obligation, of the seller (manufacturer), they can provide exceptions, including the conditions that warranty obligations do not apply to spare parts installed without the involvement of a specialized car service.

In case of violation of such conditions, the warranty obligations of the seller (supplier, manufacturer) will not apply.

If the consumer violates the terms of the warranty, it is considered that the warranty period for the product is not defined. In this case, you can use the provisions of paragraph. 1 hour 6 tbsp. 18 of the law, according to which the seller (manufacturer), authorized organization or authorized individual entrepreneur, importer is responsible for defects in goods for which there is no warranty period, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment .

However, in this case, the responsibility to prove the fact that the defects arose before the transfer of the goods to the consumer or for reasons that arose before the transfer of the goods to the consumer will lie with the consumer.

If the seller (manufacturer) does not establish a warranty period at all, then you can use the provision of clause 1 of Art. 19 of the Law, according to which, in relation to goods for which warranty periods or expiration dates have not been established, the consumer has the right to present the specified requirements if defects in the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, if longer periods are not established law or contract.

A longer period for filing a claim is provided, for example, clause 6 of Art. 19 of the Law, according to which, in the event of identifying significant defects in a product, the consumer has the right to present to the manufacturer (an authorized organization or an authorized individual entrepreneur, importer) a demand for the free elimination of such defects if he proves that they arose before the transfer of the product to the consumer or for reasons that arose before that moment. This requirement may be presented if defects in the goods are discovered after two years from the date of transfer of the goods to the consumer, during the service life established for the goods, or within ten years from the date of transfer of the goods to the consumer if the service life has not been established.

Technical expertise will serve as proof that significant defects arose before the goods were transferred to the consumer, or for reasons that arose before that moment.

Thus, the buyer (client) is not obliged to install spare parts for cars in specialized services. However, it is necessary to take into account the fact that the warranty obligations of the seller (supplier, manufacturer) will not be valid if the identified defects of the product arose in cases provided for by the warranty conditions established by the seller (manufacturer, supplier) of auto parts. In case of termination of warranty obligations, the burden of proving the fact that the defects arose before the transfer of the goods to the consumer rests with the consumer (with a valid warranty, the burden of proving the occurrence of defects after transfer to the buyer lies with the seller or manufacturer). 03/14/2010

Warranty for Auto Parts According to the Law What is the Duration?

It is customary to refer to numbered units as components of a vehicle that have a personal number (frame, engine, gearbox).

The consumer's right to return and exchange goods of inadequate quality is enshrined in Art. 18 of the Law of the Russian Federation, but it is necessary to prove that the malfunction did not arise through the fault of the consumer. If disagreements arise on this issue, an independent examination is carried out, which can be initiated by either party.

Regulatory framework (read more...)

How to return goods in person

Article 162 of the Civil Code of the Russian Federation will not work in this case, so it will not be possible to refer to the testimony of witnesses, since the transaction was not formalized in writing. But screenshots of advertisements and correspondence between buyer and seller are good evidence.

1. Replacement of a defective product with a product of the same brand, name, article, assembly;
2. The price reduction is commensurate with the severity of the defect;
3. Exchange of goods for another with recalculation of the cost (additional payment or partial refund is allowed);
4. Repair of a faulty product or payment for its repair from third party organizations;
5. Termination of the contract, return of the goods and return of its full cost.

Step-by-step instructions for returning auto parts

Therefore: dear motorists and car service employees! If you are not sure that the part is guaranteed to fit the car and “fall into place like it was original,” then do not make unnecessary efforts when installing it. In addition to auto parts with mechanical damage, it is also impossible to return numbered units of proper quality, because this category of goods is included in the List of Government Decree No. 55 of January 19, 1998.
Article 25 of the PZPP clearly states: if the purchased product does not suit the size, color, or technical characteristics, then the buyer has the right to return it to the retail outlet. He must do this within two weeks from the date of purchase, and he must file a claim, in which he should indicate that the purchased spare part did not meet some parameters. In this case, the product can be accepted back provided that it has not been used.

Is the warranty valid if defects are detected in household appliances: important nuances

• careless operation;
• use of equipment for purposes other than its intended purpose;
• exposure to natural anomalies and the ingress of water or any substances that will affect the proper operation of equipment;
• improper storage and careless transportation.

For example, here is the wording of the statement : “On May 16, 2021, I purchased a washing machine from you (model description) worth 27,999 rubles, which is confirmed by a cash receipt (or sales receipt, invoice, bank statement or other document).

May 13, 2021 lawyerrp 31

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Deadlines for returning auto parts

Is it possible to return auto parts to the store? If you need to return defective auto parts to a store, then the algorithm of actions is the same. Only the procedure can be carried out throughout the entire warranty period or for two years if it has not been specified. You can return auto parts only if they have retained their original appearance and have not been used .

Returns of auto parts, like any consumer product, are regulated by federal law.

Returns and exchanges

If the spare part you purchased does not fit, you have the right to exchange it for the required part within 2 weeks or return its full cost (provided that we did not have the required part).

This rule applies only in cases where the product has retained its presentation and there are no signs of installation on it. Otherwise, we will be forced to refuse your return.

The amount paid for the purchase will be returned in the same way as it was paid. That is, if you paid for the goods in cash in the store, we will return your money right there on the spot. If you ordered and paid for the goods with a bank card, the money will be transferred to it.

To return goods, you must provide your order number or invoice number.

Returns or exchanges are carried out in our store, for customers from the regions - by sending to us. Please note that delivery must be arranged in this case to the store (to the door). Be sure to insure your parcel.

Warranty for Auto Parts According to the Law What is the Duration?

— If the consumer requires the elimination of product defects, the examination period cannot exceed 45 days.

Thus, Article 25 of Law No. 2300-1 states that the consumer has the right to contact the point of sale within two weeks with a demand for an exchange or delivery of a spare part of proper quality to the store. In this case, the spare part must not have been used in operation and must have its original appearance, packaging, factory label and receipt.

Persons responsible for product defects (read more...)

Replacing a used product

First,

what you need to know is that information about such goods must contain complete information about the condition, any shortcomings that exist, sanitary and anti-epidemic measures taken in relation to the product, technical characteristics (for technically complex goods), the purpose of the product and the possibility of using it for its intended purpose or for other purposes.

If defects are discovered in a product whose properties do not allow them to be eliminated (food products, perfumes and cosmetics, household chemicals and other goods), the buyer has the right, at his choice, to demand the replacement of such a product with a product of adequate quality or a commensurate reduction in the purchase price.

If the verification does not satisfy the consumer, then the procedure can be repeated by independent experts. Therefore, after receiving the first conclusion, the results of which did not satisfy the buyer, he has the right to provide the seller with a report on a re-examination conducted at his own expense. This is not necessary, but such manipulation convinces the seller not to take the matter to court.

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Sometimes the buyer may be refused to return the equipment, allegedly the defect was not the fault of the manufacturer. However, verbal guesses are illegal grounds for refusal . All assumptions must be documented, therefore, to determine the cause of the defect, the seller appoints an examination.

Warranty period for spare parts

Warranty conditions for auto parts If a part is installed at a car service center, claims regarding the detected defect in the spare part must be submitted directly to this car service center within the established warranty period.

Purchasing a spare part for a car remotely has its own characteristics. If a part needs to be returned, it can be returned to the seller before receipt by the consumer. You can also return an order during order formation, i.e. before it is sent. If the spare part is delivered and handed over to the buyer, the time to appeal is no more than 7 days.

What parts cannot be replaced?

If a full inspection of the car is carried out, each defect is described in the report as a separate line.
Defective goods. The return of auto parts with defects is regulated by Article 18 of Law No. 2300-1. In accordance with this provision, the buyer has the right to return spare parts to the auto shop for a full refund of the amount paid for them. You can exchange for the same or more suitable parts. In the latter case, the price will be recalculated: the consumer will receive the difference or pay extra for a more expensive item.