Any technical device, including cars, sooner or later ceases to function without failure. Producers of complex technical products are required to provide a warranty period. For vehicles, troubleshooting is regulated by the 2018 Car Warranty Repair Act.
Qualitatively assembled machines can serve for a long time without requiring a major replacement of parts. But some elements fail and cause malfunctions vehicle. Citizen who has acquired new car, FZ 2300-1 guarantees a free repair.
The legal framework for the provision of warranty services is regulated by the legal act “On Protection of Consumer Rights”. Deputies of the federal parliament considered and approved the document in 1992. Article No. 18 states that the manufacturer is obliged to provide the buyer with 15 days of test run. It is during this period that the car owner can identify possible defects and return the vehicle back to the salon, having received the funds spent.
However, this does not mean that the buyer is only entitled to a 2-week warranty. The extension of the period depends on the specific dealer. Salons independently set the deadline warranty service.
The official text of the bill establishes that the transportation of the vehicle to the place of repair should be carried out at the expense of the seller. If the buyer himself brings the car, then he has the right to demand reimbursement of the funds spent on this. This does not apply to cases where the car remains "on the move". The car owner should deliver it on his own, which will also allow you to control the actions of the car service employees. In other cases, the delivery of the car is carried out by a tow truck.
The law clearly defines which modes of transport are guaranteed. Free repair must be carried out for new cars that were officially purchased in showrooms. The main requirement is the correct execution of all necessary documentation.
We offer you to download the text of the law from the following link. The latest edition of the legal act contains full information about the rights of buyers.
How long is the warranty period for a new car?
The bill outlines 2 possible guarantee periods:
- European (valid for 2 years, no mileage restrictions);
- Asian (valid for 3 years, but mileage is limited to 100 thousand km).
The legal instrument does not provide for any other type of guarantee. If the dealer promises that it will last longer, this is only marketing ploy. In fact, the manufacturer does not give a guarantee for a period longer than specified. In other cases, the salon can offer free car service for 5 years, but you should study the clauses of the contract in advance. Most often, certain restrictions are imposed on a long-term warranty.
In addition, the warranty period may vary depending on which parts need to be replaced. Attachment can be repaired within 3 years from the date of purchase, but for fast-wearing elements, the warranty rarely exceeds 1 year, taking into account a mileage of 20-50 thousand km. These details include:
- brake discs and drums;
- shock absorbers;
- Charger;
- gaskets and bushings;
- clutch and so on.
Is there a warranty for used cars?
The law clearly regulates that the warranty does not apply to used cars. Salons can sell used vehicles, but they are not required to provide customers with free service in the service. The warranty for used cars is not prohibited by law, but this service is not profitable for dealers.
How long does it take for a car to be repaired under warranty?
Timing possible repair defined in article 20 of the current bill. According to legal regulations, this period must be established by agreement between the salon and the buyer. If this moment is not discussed, then the document instructs the dealer to eliminate the identified malfunctions as soon as possible.
The provisions of the bill define the maximum allowable period for the completion of the repair of the vehicle. It cannot exceed 45 days. In cases where the deadlines have been violated, the car owner has the right to charge the salon a penalty for each day the repair is delayed. According to the law, its amount is calculated based on the value of the car. For each day of delay, 1% of the vehicle price will be charged.
Can the salon refuse to repair
For a list of situations in which the dealer waives warranty repairs, see service book cars. During the execution of the transaction, the buyer is required to provide this document, the main theses of which are determined by the manufacturer.
Officially, the seller is not responsible if the following vehicle parts break down:
- spark plug;
- lamps;
- other materials related to consumables.
Salons most often refuse customers who applied for a guarantee in the following cases:
- the car owner did not show up for maintenance at the manufacturer's service or did not arrive on time;
- the repairs that need to be made are technically much more complicated than what can be carried out under warranty;
- the buyer did not follow the rules of the instructions, which subsequently led to the breakdown of any elements of the machine;
- the owner, without agreement with the service, installed spare parts that were not provided by the factory;
- the vehicle was damaged as a result of an accident, natural disaster or the actions of intruders;
- car got into extreme conditions, which led to malfunctions. This includes driving on a flooded highway, on sand, on swampy terrain;
- the breakdown occurred due to the fact that the owner of the car participated in any races.
The law protects the rights of car owners and guarantees them the possibility of free repairs within a certain period. However, in cases where the breakdown occurred due to the fault of the owner of the vehicle, the dealer has the right to refuse free service.
LAW ON CONSUMER PROTECTION
(as amended on June 2, 1993, January 9, 1996, December 17, 1999, December 30, 2001, August 22, November 2, December 21, 2004, July 27, October 16, November 25 2006, October 25, 2007, July 23, 2008, June 3, November 23, 2009, June 27, July 18, 2011, June 25, July 28, 2012, July 2, December 21, 2013 ., May 5, 2014)
Article 29
1. The consumer, upon detection of shortcomings in the work performed (service rendered), has the right, at his choice, to demand:
gratuitous elimination of shortcomings of the work performed (service rendered);
a corresponding reduction in the price of the work performed (service rendered);
gratuitous production of another thing from a homogeneous material of the same quality or re-performing the work. In this case, the consumer is obliged to return the thing previously transferred to him by the contractor;
reimbursement of expenses incurred by him to eliminate the shortcomings of the work performed (service rendered) on his own or by third parties.
Satisfaction of the requirements of the consumer for the free elimination of defects, for the manufacture of another thing or for the re-performance of work (rendering of services) does not relieve the contractor from liability in the form of a penalty for violating the deadline for completing the work (rendering of services).
The consumer has the right to refuse to execute the contract for the performance of work (provision of services) and demand full compensation for losses if the shortcomings of the work performed (service rendered) are not eliminated by the contractor within the period established by the specified contract. The consumer also has the right to refuse to execute the contract for the performance of work (rendering of services) if he discovers significant shortcomings in the work performed (rendered services) or other significant deviations from the terms of the contract.
The consumer also has the right to demand full compensation for losses caused to him due to shortcomings in the work performed (service rendered). Losses are reimbursed within the time limits established to meet the relevant requirements of the consumer.
2. The price of the work performed (service rendered), returned to the consumer in case of refusal to execute the contract on the performance of work (service rendering), as well as taken into account when reducing the price of the work performed (service rendered), is determined in accordance with paragraphs 3, 4 and 5 of Article 24 of this Law.
3. Claims related to deficiencies in the work performed (service rendered) may be presented upon acceptance of the work performed (service rendered) or in the course of the work (service rendered) or, if it is impossible to detect deficiencies in the acceptance of the work performed (service rendered), in within the time limits set forth in this paragraph.
The consumer has the right to make claims related to shortcomings in the work performed (service rendered), if they are discovered during the warranty period, and in its absence, within a reasonable time, within two years from the date of acceptance of the work performed (service rendered) or five years in respect of defects in buildings and other real estate.
4. The contractor is responsible for the shortcomings of the work (service) for which no guarantee period if the consumer proves that they arose before he accepted it or for reasons that arose before that moment.
In relation to the work (service) for which the warranty period is established, the contractor is responsible for its shortcomings, unless he proves that they arose after the acceptance of the work (service) by the consumer as a result of his violation of the rules for using the result of the work (service), actions of third parties or force majeure .
5. In cases where stipulated by the treaty the warranty period is less than two years (five years for real estate) and defects in the work (service) are discovered by the consumer after the expiration of the warranty period, but within two years (five years for real estate), the consumer has the right to make claims under paragraph 1 of this article, if he proves that such shortcomings arose before he accepted the result of the work (service) or for reasons that arose before that moment.
6. In case of detection significant shortcomings of the work (service), the consumer has the right to present the contractor with a demand for the elimination of defects free of charge if he proves that the defects arose before he accepted the result of the work (service) or for reasons that arose before that moment. This requirement may be brought if such defects are discovered after two years (five years in relation to real estate) from the date of acceptance of the result of the work (service), but within the service life established for the result of the work (service) or within ten years from the date of acceptance of the result of the work (service) by the consumer, if the service life is not set. If this requirement is not satisfied within twenty days from the date of its presentation by the consumer or the discovered defect is irreparable, the consumer, at his choice, has the right to demand:
a corresponding reduction in the price for the work performed (service rendered);
reimbursement of expenses incurred by him to eliminate the shortcomings of the work performed (service rendered) on his own or by third parties;
refusal to execute the contract on the performance of work (rendering of services) and compensation for losses.
Good afternoon Tell me, please, in the following situation: we bought a new car from an authorized dealer, a month later they discovered an oil leak, drove the car to a service official dealer, they said that it was a factory defect, that you need to wait from the factory for either a new spare part or a repair method, the car has been in service for 2 weeks, they are in no hurry to do it. Do we really need to wait 45 days, or can we decide this problem earlier?
Answer
Hello Ekaterina.
In accordance with Article 20 of the Law of the Russian Federation "On Protection of Consumer Rights" (Law on Consumer Rights) dated February 7, 1992 N 2300-1, defects found in the car must be eliminated immediately, unless a different deadline for eliminating defects is determined by a written agreement between you. According to the current legislation, the period for eliminating defects in goods, determined by a written agreement of the parties, cannot exceed forty-five days. For each day of delay in the period allotted for the elimination of defects in the car, the service will have to pay you a penalty in the amount of one percent of the value of the car. That is, on the forty-sixth day of the repair, a penalty will already be charged. The lack of spare parts necessary to eliminate the shortcomings of the car does not exempt from liability for violation of the deadline for eliminating the shortcoming. In addition, violation of the terms of warranty repair is the basis for terminating the contract of sale or replacing the car with a new one. In the event of termination of the contract of sale, you will be refunded 100% of the cost of the car.
If you did not sign the 45 day repair agreement, your vehicle must be repaired at minimum term, objectively necessary to eliminate the disadvantage, taking into account the commonly used method. That is, the car must be under repair exactly as long as the standard hours require repair in accordance with the factory documentation. It is easy to determine this period after the repair, by looking at the final work order for how many standard hours the repair took, this will be the maximum period for repairing the car.
It will be useful to know what documents you need to provide:
- Application or acceptance certificate, indicating the date, mileage of the car and a description of the shortcomings.
- Diagnostic report. The act indicates the identified shortcomings, the reason for the occurrence.
- Order-order for carrying out warranty repairs;
- Certificate of completion. Sign it only after you check if the leak has been fixed.
Make sure that the date when you picked up the car after repair was indicated in the acceptance certificate.
When selling a vehicle, the seller is obliged to set the terms of the warranty repair of the car, based on logical calculations of the time it will take to fix the breakdown. There are situations in which a car dealership deliberately delays the repair time, using various kinds of excuses. IN this case the car owner will need qualified help a lawyer versed in domestic law.
The fact is that each car dealership has lawyers on its staff, whose activities are aimed at minimizing various kinds of costs, and it is quite possible that the car dealership will generally try to refuse warranty car repairs. Given this fact, experienced lawyers of our company will be able to help in maximum terms resolve the issue of carrying out warranty repairs in favor of the owner vehicles A.
Consumer rights, terms of warranty repair
Legislation Russian Federation, in particular paragraph 1 of Art. 20 of the Law of the Russian Federation "On Protection of Consumer Rights", regulates the period for satisfying the requirements of the car owner for warranty repairs:
“If the term for eliminating defects in the goods is not determined in writing by agreement of the parties, these defects must be eliminated by the manufacturer (seller, authorized organization or authorized individual entrepreneur, the importer) immediately, that is, within the minimum period objectively necessary to eliminate them, taking into account the method usually used. The term for the elimination of defects in the goods, determined in writing by agreement of the parties, cannot exceed FORTY-FIVE days.»
After this period of repair, the owner of the car has the right to various kinds of compensation, which are provided for in Art. 18 and Art. 28 of the Law, such as:
- refund of the amount paid for the car;
- replacement with a car of the same brand (model, article) or the same other brand (model, article) with a corresponding recalculation of the purchase price;
- Monetary compensation for missing the term of the warranty repair of the car at the rate of 3% per day of the price of the work.
Very often, repair organizations publish to order - along with standard repair rules, where they indicate that the warranty period is extended by the delivery time of spare parts, which sometimes take months to deliver. The law in paragraph 1 of Art. 20 says this:
“The lack of spare parts (parts, materials), equipment or similar reasons are not grounds for violation of the 45-day period and do not exempt from liability for its violation.
If you follow the letter of the law, then the violation of the terms of the warranty repair of a car is a direct violation of consumer rights, which include the right to warranty repairs of vehicles, to receive various kinds of payments and compensations associated with technical malfunctions vehicles owned by an individual.
All these rights are strictly regulated by the Law of the Russian Federation "On the Protection of Consumer Rights" and other regulatory legal acts.
If a warranty claim is denied
If you were denied warranty repair, do not rush to pick up the car and calculate the cost self repair, demand a reasoned refusal in writing, with which you should contact a lawyer for advice.
In case of any problems with the repair and the car dealership attempts to either delay the repair process or refuse it altogether, you can always be helped by qualified lawyers who guard the interests of their clients and perfectly orientate in all matters of the current Russian legislation.
What documents must the repair organization issue when carrying out warranty repairs?
Turning to the seller for repairs, our goal is to resolve the problem as soon as possible, and sometimes we forget to receive any documents and remember them only when claims arise, when the availability of documents is extremely important.
- When handing over the car to you, you must receive an acceptance - a transfer act is sometimes an application where the date, mileage of the car, a description of the problem with which you applied must be indicated.
- Diagnostic report - a document that describes the identified malfunctions, the reason for their occurrence (operational / warranty defect), a conclusion is made on the acceptance or refusal of the car for warranty repair.
- Order - an order for warranty repairs.
- If the warranty repair is denied - demand a written refusal! No verbal refusals can be accepted, "words cannot be sewn into action."
- After the completion of the work during the transfer of the car, an act of work performed is drawn up, it is necessary to sign it only after checking the eliminated defect, if the malfunction remains, it is necessary to reflect this.
- When receiving a car after repair, be sure to check that the correct date is indicated in the acceptance certificate when you took the car.
Very often, the employees of the repair organization do not want to give any document, arguing that it is an “internal document”. This is not legal, stand your ground demand these documents in without fail, to the point of calling higher management.
How long does it take for a sales representative to repair a car returned under warranty, and what should I do if certain laws are violated? Details in our article.
Terms of car warranty repairs according to the law
The period of service maintenance of a vehicle is a period of time in which the repair of a car that is in service must be completed. It is defined by the Consumer Rights Protection Law (Article 20).
In case, time periods after-sales service are not specified in the written agreement of the parties, then the malfunctions are eliminated as a matter of urgency, on the day of the consumer's request or in the shortest possible time.
The period of warranty service for a car is set in writing by agreement between the buyer and the seller, and should not exceed 45 days from the date the owner applied to the service center.
Violation of the terms of the warranty repair of the car
One of the frequent occurrences in technical maintenance complex goods- violation of the terms of repair. Dealer companies can set a period of more than forty-five days, which is a violation of consumer rights law.
Under the law, time frames arbitrarily prescribed by sales representatives that are not included in the intervals specified in the RFP are not legal. (Article 16 of the LOZPP). At the same time, if under such conditions the buyer received financial damage, then the penalty is compensated by the seller.
Warranty period after car repair
The period of free service after the repair of the vehicle is determined by Article 29 of the Law on the Protection of Consumer Rights. According to him, the consumer can demand a free repair, after repair under warranty, within two years. In this case, it is necessary to prove that the malfunction arose not through the fault of the user, but as a result of incorrect primary service.
Can they refuse to repair a car under warranty?
The law defines the factors on which a sales representative may refuse to provide services to a consumer. In what cases the dealer has the right to refuse to carry out a warranty repair of the machine:
- The breakdown occurred due to improper operation of the car by the user;
- The car didn't pass technical inspection, and eventually broke;
- The vehicle is used for public purposes;
- Failure due to risk factors beyond human control ( natural phenomena, fire, etc.)
- Inconsistency of machine or motor identifiers with the information in the warranty card;
- Fuel use Bad quality out of order, which could damage the engine.
If it's been proven independent expertise that the breakdown occurred for one of the above reasons, the dealer has the right to refuse the consumer in warranty service.
If the dealer does not want to repair the car under warranty?
If, in the event of a malfunction in the vehicle, the dealer refuses to service repair without legal grounds, you must file a lawsuit with Rospotrebnadzor or the court with a claim addressed to the dealer about the violation of consumer rights. With the requirement to carry out repairs under the guarantee within the time limits established by law, unless otherwise specified in the contract.
Violation of the terms of the warranty repair of the car - judicial practice
According to the RFP, the consumer and the seller can designate the period of warranty service for the car, not exceeding 45 days from the date of application. Some sellers try to extend the repair period, arguing that the warranty service period is counted from the day the vehicle is sent to the service, and not on the day of the request, or because necessary spare parts not available. This statement is not legal. Arbitrage practice shows that in this case, the court is completely on the side of the plaintiff.
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