Article 30. Time limits for eliminating deficiencies in the work performed (service provided)

What it is?

According to the Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 03/18/2019) “On the Protection of Consumer Rights”, in the event of purchasing low-quality (defective) products, the buyer has the right, at his own discretion, to demand from the seller:

• replacing the product with a similar one of proper quality, or with another with recalculation of the cost;
• a proportionate reduction in the purchase price due to defects;
• cancellation of the purchase and sale transaction (the buyer returns the goods and receives back the entire amount paid);
• free elimination of deficiencies in the shortest possible time.

We tell you more about what can be done and where to go if you purchase a low-quality product in this material, and about what the buyer can demand from the seller in this case, read this article.

The buyer's absence of a cash receipt or sales receipt that confirms the fact of purchase is not a basis for refusing to satisfy the presented requirements.

The buyer has the right to contact the seller (manufacturer, importer) with demands for replacement, return or free elimination of defects in the product throughout the entire warranty period or shelf life of the product. If the deficiencies can be eliminated, the seller is obliged, at the buyer’s request, to carry out these works , or to pay their full cost if third parties are involved.

In the event that product defects arose after its transfer to the buyer, for reasons beyond the control of the seller, he is not obliged to eliminate them, but must prove this fact with the help of an independent examination.

If the warranty period has already ended, but 2 years have not yet passed from the date of purchase of the product, then the buyer can still file a claim with the seller regarding product defects. But in this case , you will need to prove the fact that the defects arose before the goods were transferred to the consumer at your own expense , also with the help of an independent examination.

We also tell you what a product of poor quality is here.

General terms and conditions of the work quality contract

Condition on the quality of work

determines the properties of the result of the work, as well as those functions for which it should be suitable (Article 721, paragraph 1 of Article 702, paragraph 1 of Article 703 of the Civil Code of the Russian Federation).

Agreement on the quality of work

To properly negotiate this condition, the parties are advised to specify the following in the contract:

• requirements for quality of work;
• properties of the work result;
• the intended purpose of the work result.

If the condition on the quality of work is not agreed upon

In the absence of the specified condition in the contract, the quality of work is determined by the requirements usually imposed on work of this kind (clause 1 of Article 721 of the Civil Code of the Russian Federation), or by mandatory requirements provided for by law, other legal acts or in the manner established by them (clause 2 of Article 721 Civil Code of the Russian Federation).

Requirements for the quality of work under a contract

The parties may establish in the contract agreement certain requirements for the quality of the work to be performed, which the contractor will be obliged to comply with (Clause 1 of Article 721 of the Civil Code of the Russian Federation). These requirements can be reflected in the contract itself or in an appendix to it.

An example of a condition statement:

“The quality of work under this contract must meet the following requirements _______ (indicate the requirements for the work performed).”

In addition, the parties have the right to establish quality requirements in the contract by reference to standardization documents, for example: national standards, codes of practice, standards of organizations (Article 2, paragraph 1 of Article 4, Article 14, paragraph 1 of Art. 26 of the Federal Law of June 29, 2015 N 162-FZ “On standardization in the Russian Federation”).

An example of a condition statement:

“The quality of work must comply with the requirements of the technical specifications (TU) ______ (the number, date, name of the TU are indicated). A copy of the specifications is attached to this agreement.”

Mandatory requirements for quality of work

The parties are free to determine the requirements for the quality of work (clause 4 of Article 421 of the Civil Code of the Russian Federation), however, the contractor, who is an entrepreneur, must perform the work in compliance with the mandatory requirements provided for by law, other legal acts or in the manner prescribed by them (clause 2 of Art. 721 of the Civil Code of the Russian Federation).

Mandatory requirements for the quality of work can be established in the following regulatory legal acts:

• sanitary rules (see Articles 1, 13, 39 of the Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare of the population”, as well as, for example, SanPiN 2.4.7/1.1.1286-03 2.4. 7. "Hygiene of children and adolescents. 1.1. Hygiene. Toxicology. Sanitation. Hygienic requirements for clothing for children, adolescents and adults, children's products and materials for products (products) in contact with human skin. Sanitary and epidemiological rules and regulations" );
• technical regulations of the Russian Federation (see Art. 2, 6, 7 of the Law on Technical Regulation);
• technical regulations of the member states of the Customs Union (the Union, in addition to the Russian Federation, includes Kazakhstan and the Republic of Belarus) and documents of the European Union, if the requirements contained in them were introduced as mandatory by the Government of the Russian Federation before the date of entry into force of the technical regulations in accordance with paragraph. 6.2 art. 46 of the Law on Technical Regulation. Such requirements are provided, in particular, by Decree of the Government of the Russian Federation dated 03/09/2010 N 132 “On mandatory requirements for certain types of products and related design processes (including surveys), production, construction, installation, commissioning, operation, storage, transportation, sale and disposal contained in the technical regulations of the Republic of Kazakhstan, which is a member state of the Customs Union”;
• technical regulations of the Customs Union (see, for example, Technical Regulations of the Customs Union TR CU 010/2011 “On the safety of machinery and equipment”, approved by decision of the Customs Union Commission dated October 18, 2011 N 823.

If a regulatory legal document containing mandatory requirements applies to the type of work agreed upon by the parties, the contractor must comply with them when performing the work, regardless of whether such an obligation is provided for in the contract or not.

An example of a condition statement:

“The quality of work must comply with the mandatory requirements established by _____________ (indicate the number, date, name of the regulatory act).”

The parties may establish in the contract the contractor’s obligation to perform work that meets higher requirements than the mandatory ones (paragraph 2, paragraph 2, article 721 of the Civil Code of the Russian Federation).

In this case, delivery of work that does not meet the increased requirements is a violation of the terms of the quality contract and gives the customer the right to present demands to the contractor in connection with the inadequate quality of work (Article 723 of the Civil Code of the Russian Federation).

If the parties have not agreed on the requirements for the quality of work

The contractor will have to perform the work in accordance with the requirements usually imposed for similar work, or the mandatory requirements provided for by law, other legal acts or in the manner established by them (clauses 1, 2 of Article 721 of the Civil Code of the Russian Federation).

In this case, the customer will not have the right to declare inadequate quality of work with reference to the discrepancy of the result of the work with the requirements of documents that are voluntary and the use of which is not provided for by the contract.

Properties of the result of work under a contract

If the customer is interested in obtaining a result with certain properties, they should be reflected in the contract (describe in detail the physical qualities of the work result, its performance indicators, energy consumption characteristics, reliability, safety, etc.). The necessary properties of the work result can also be indicated in a drawing, sketch or drawing of the work result. The customer can provide the contractor with the finished product as a sample of the work result.

An example of a condition statement:

“The result of the work performed under this contract must, at the time of transfer to the customer, have the following properties: ________________ (the necessary qualitative characteristics of the result of the work are indicated).”

The customer should take into account that if the individual properties of the work result are agreed upon in the contract (for example, in the manufacture of non-standard products according to specially developed drawings), he will not be able to present the requirements provided for in Art. 723 of the Civil Code of the Russian Federation, including refusing to fulfill the contract and demanding compensation for losses caused, citing the non-compliance of the work result with the usually presented requirements.

Determining the properties of the work result using national standards

If the result of the work is a product manufactured or obtained during processing, then its quality characteristics may be contained in regulatory documents such as national standards.

National standards include, in particular, state standards (GOSTs) adopted by the State Standard of Russia before July 1, 2003 (Resolution of the State Standard of Russia dated January 30, 2004 N 4 “On National Standards of the Russian Federation”). When agreeing on the properties of the work result, the parties can make reference to the corresponding national standard (GOST).

An example of a condition statement:

“The result of the work performed under this contract must comply with the requirements of ______ (the name of the national standard (GOST), its number and date are indicated).”

The requirements of these standards are applied on a voluntary basis (Article 2, Clause 1, Article 4, Clause 1, Article 26 of the Federal Law of June 29, 2015 N 162-FZ “On Standardization in the Russian Federation”). At the same time, by virtue of paragraph 1 of Art. 46 of the Federal Law of December 27, 2002 N 184-FZ “On Technical Regulation”, before the adoption of the relevant technical regulations, they are subject to mandatory execution in terms of protecting the life or health of citizens, property of individuals or legal entities, state or municipal property; protection of the environment, life or health of animals and plants; prevention of actions that mislead acquirers; ensuring energy efficiency and resource conservation.

It is important to know! Deadlines for completing work under a contract

Attention!

The Contractor should take into account that if the examination establishes that the result of the work does not comply with the requirements of regulatory documents, in particular SNiP, GOST, then the work as a whole may be considered of poor quality.

If the parties did not indicate the properties of the work result in the contract

The contractor must transfer to the customer the result of the work, which has properties that are determined by the usual requirements (Clause 1 of Article 721 of the Civil Code of the Russian Federation). In this case, the consumer value of the work result may be lower than what the customer expected when concluding the contract.

If the result of the work does not meet the usual requirements, the contractor will bear the established Art. 723 of the Civil Code of the Russian Federation liability for poor quality of work. In particular, the customer will have the right to refuse to accept and pay for the work performed or to terminate the contract in court due to its significant violation by the contractor and to recover damages caused.

Purpose of the work result under the contract

If the customer intends to use the result of the work for a specific purpose, the parties can indicate it in the contract. In this case, the contractor will have to ensure that the result of the work is suitable for the agreed use (clause 1 of Article 721, clause 1 of Article 723 of the Civil Code of the Russian Federation).

If the result of work (product, product) has several purposes, depending on the materials used in its production, the contractor is recommended to find out from the customer the exact purpose of the result of work and indicate it in the contract. This is necessary for the correct choice of material.

An example of a condition statement:

“The result of the work must be suitable for use for the following purposes: ________________.”

If the parties have not agreed on the intended purpose of the work result

The contractor must transfer to the customer a result suitable for the usual use of the result of work of this kind (clause 1 of Article 721 of the Civil Code of the Russian Federation).

At the same time, he bears the risk that, due to the material he has chosen, the result of the work will be unsuitable for the use intended by the customer. In this case, the contractor may be held liable for poor quality of work (Article 723 of the Civil Code of the Russian Federation), despite the fact that the contract did not indicate the purpose of using the result of the work.

What are the deadlines?

Article 20 of the Law on the Protection of Consumer Rights states that deficiencies must be eliminated immediately and in the shortest possible time, but there is no specific definition of the term “immediately.”

The buyer and seller can independently agree on the time for eliminating defects and enter into an agreement (contract), the period specified in it for correcting defects should not exceed 45 days.

If, already in the process of eliminating defects in the goods, it becomes obvious that the work will not be completed within the specified period, then a new agreement may be concluded to extend the deadlines. But reasons such as lack of parts, materials or equipment are not sufficient grounds for this.

We talked about on what grounds and in what time frame you can contact the seller when purchasing a low-quality product here.

Violation of deadlines for eliminating product defects

The court of first instance established that the car was under warranty repair during the first year of the warranty - 10 days, during the third year of the warranty - 59 days. Taking into account the time the car was under warranty repair, the expiration date of the main warranty is December 17, 2013, while the plaintiff contacted the official dealer with a demand to terminate the sales contract on November 15, 2013, and filed a claim in court on December 13 2013. Since K. appealed to the seller with a demand to terminate the contract during the warranty period, the appellate court did not take into account the provisions of paragraph.

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Is the store required to provide the consumer with a similar item?

According to clause 2 of Article 20 of the Law on the Protection of Consumer Rights, while defects are being eliminated, at the buyer’s request, the store is obliged to provide him with a similar product for temporary use within 3 days, free of charge and with delivery. The requirements do not apply to the following durable products:

• cars, motorcycles and other motor vehicles, except for transport for the disabled;
• furniture;
• electrical appliances that are used for hygienic and medical purposes (electric shavers, massagers, epilators, hair clippers, etc.);
• household electrical appliances that are used for cooking and heating food (microwave ovens, toasters, electric kettles, etc.);
• civilian weapons, parts of civilian and service firearms.

On our website you will find materials, after reading which you will be able to learn:

• What is considered a manufacturing defect?
• What is a significant drawback of a technically complex product?
• How do you write off defects in trade?
• Who is responsible for the sale of low-quality goods?
• Is damage caused due to product defects subject to compensation?

Consumer rights in case of violation of the product repair period

Attention

The cassation appeal and the case were transferred for consideration at a court hearing of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation.

Having checked the case materials and discussed the arguments of the cassation appeal, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds that there are grounds provided for in Art. 387

Important

Civil Procedure Code of the Russian Federation, to cancel the ruling of the judicial panel for civil cases of the Stavropol Regional Court dated December 27, 2011.

In cassation procedure. In accordance with Art.

Is the warranty time extended?

If a warranty period was established for the product, then after the defects are eliminated, it should be extended for the period of time during which the repair took place. According to paragraph 3 of Art. 20 of the PPSA, this period begins from the moment the consumer applies and ends with the date of delivery of the goods to him after repair.

The longer it takes to eliminate defects, the longer the warranty period will be. Therefore, the seller is also interested in completing the repair as quickly as possible. If the elimination of defects was carried out with the replacement of components that have their own expiration date, then the expiration date for the new components is the same as for the replaced ones.

After completion of the repair, upon delivery of the goods, the consumer is provided with written information about the date of application, the start and end time of the repair, as well as a list of all defects eliminated and information on the replacement of components.

What to do if deadlines are missed?

According to Art. 23 of the Law on the Protection of Consumer Rights, for failure to meet deadlines for eliminating product defects, as well as for delay in providing goods for temporary use, the seller (manufacturer, authorized representative, importer) is obliged to pay the buyer a penalty for each day of delay. The penalty amount is 1% of the cost of the goods.

If the seller violates the deadlines for eliminating defects and is in no hurry to satisfy the demands presented to him, then the buyer has the right to complain to Rospotrebnadzor or go to court to protect his rights.

No one is safe from an unsuccessful acquisition . But the Consumer Protection Law helps the buyer solve the problem with a defective purchase in his favor and not lose the money spent. The most important thing is not to delay in submitting claims to the seller and not to eliminate the defects yourself before contacting, since it may be difficult to prove the presence of defects.

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Procedure if a deficiency is detected

The first thing you need to find out is whether the defect can be repaired under warranty. If its presence was not specified at the time of purchase or the fact of its confirmation is not recorded in the documents, then the product is subject to free repair. Such situations occasionally arise after purchasing products that have been discounted due to some kind of defect.

Situations that arise as a result of:

• rough operation;
• use other than for its intended purpose;
• ingress of substances whose action led to the defect;
• violations of storage or transportation rules.

If the buyer is satisfied that the defect can be corrected under warranty, he should:

1. Write in advance or directly at the point where the purchase was made, a statement setting out the requirement for free repair of the product. If, due to any circumstances, the consumer cannot do this on his own, he has the right to entrust this to another person, but by providing the intermediary or manufacturer with a notarized power of attorney.
2. Simultaneously with the submission of the application, the goods are handed over. The seller is obliged to accept it and draw up a corresponding act. He can also conduct a quality check on the product to make sure there is a defect. This must happen in front of the buyer. At his request, goods of a similar purpose are provided for the duration of the repair. The exceptions are: any vehicles, pieces of furniture, weapons, electrical appliances intended for personal care and hygiene or for working with food.
3. The seller is obliged to announce the period for eliminating defects in the product - 45 days.

An important nuance is that the requirement to carry out repairs under warranty is only one of the options for the possible development of events. The buyer has the right to return the money or receive a new product to replace the originally purchased one. In addition, he may resort to the help of third-party service companies. In this case, it is necessary to request reimbursement of costs associated with repairs from the seller or manufacturer.

These actions apply to durable goods. With technically complex ones (household appliances, transport, communications, etc.) the situation is somewhat different. The buyer can choose his own option for resolving the situation only until 15 days have passed from the date of purchase, then depending on the severity of the breakdown.