If the work is performed directly at the time of the transaction, in the presence of the consumer, the legislation allows such a transaction to be completed orally (clause 2, article 159 of the Civil Code of the Russian Federation, clause 17 of the Rules). In principle, this applies not only to such types of work (services) as washing, diagnostics, tire inflation, and to any others that are performed in the presence of the customer. In this case, the contract can be formalized by issuing a receipt, coupon, cash receipt, etc. However, some document must be obtained!
In other cases, compliance with the written form of the contract is necessary. The rules (clause 17) contain a list of conditions that must be reflected in the work order:
- name and location of the performer, surname, name, patronymic and address of the consumer;
- list of works (services), necessary materials and spare parts provided by the car service, their cost;
- or provided by the consumer, indicating information about their certification;
- the date of acceptance of the order and the deadlines for its implementation, the price of work and the procedure for its payment, warranty periods if they are installed;
- vehicle details (make, model, government number, unit numbers), as well as the price vehicle determined by agreement of the parties;
- surname, position of the person placing the order and signatures of the parties.
Also, other relevant conditions may be included in the contract, for example, on the procedure and terms of payment for the work performed, spare parts provided, the terms for eliminating work deficiencies, the procedure for resolving disputes, etc. However, it should be remembered that the terms of the contract that infringe on the rights of the consumer or limit the liability of the contractor in comparison with the rules established by law will be invalid (clause 2 of article 400 of the Civil Code of the Russian Federation, clause 1 of article 16 of the Law of the Russian Federation "On Protection of Consumer Rights" ). In such cases, the provisions of the law will still apply.
Art. 28 of the Law "On Protection of Consumer Rights" establishes the responsibility of the contractor for violation of the deadline for performing work in the form of a penalty - 3% of the cost of work for each day of delay (an hour, if the period is defined in hours). Establishing a penalty in a contract in a smaller amount, say, 0.5%, will be contrary to the requirements of the law and, accordingly, the consumer will have the right to demand a penalty in the legal amount. The same applies to the conditions for the removal from the contractor of responsibility for defects in the work discovered after the expiration of the warranty period: the consumer will still have the legal right to submit claims for their elimination within a reasonable time within two years.
Together with the work order, an acceptance certificate is drawn up. Proper registration of the acceptance certificate allows you to avoid a dispute about the condition of the car after repair. So that the car service could not avoid liability for scratches and dents on the car that appeared after the repair, it is necessary to indicate in the act that the car has no external defects, and also reflect its completeness (rugs, radio, speakers, first aid kit, jack, etc.) .
Another point that I would like to note is the provision of materials and spare parts for the performance of work by the consumer himself. Often on the walls of car services you can see an announcement: "The organization is not responsible for the quality of spare parts provided by the consumer." Meanwhile, such a statement does not quite comply with the current legislation. The fact is that in such a situation, the car service acts as a person with special technical knowledge, in contrast to the consumer, who may not be aware of the poor quality of the transferred spare part. Therefore, it is the contractor's responsibility to check the parts provided.
The rights of the consumer in case of detection of shortcomings in the work performed are established by Art. 29 of the Law of the Russian Federation "On Protection of Consumer Rights". So, if the work was performed poorly, you can demand from the car service:
- eliminate deficiencies free of charge; perform the work again; reduce the cost of work;
- reimburse the costs incurred to eliminate the shortcomings of work in another car service or on their own;
- in case of discovery significant shortcomings- fully refund all amounts paid and compensate for all losses incurred.
If you are giving your car in for repair, then you need to know the rights in relation to a car service. After all, it often happens that the service station repairs the car for too long and does not even let you track the progress of the repair, answering questions from the owner of the car that the spare parts are ordered and take a long time or the supplier let him down. Thousands of times there have been cases when, due to poor-quality repairs, the car burned down or breakdowns occurred, the repair of which is much more expensive than the original one.
And how many car owners found low-quality repairs after acceptance? In addition, they can repair what you did not order, and then keep the car and not give it back until you pay for the entire complex, even the imposed services.
Is it possible in similar situations make a complaint to a car service? What is the responsibility of the STO for its actions? What can you, as a car owner, expect in case of delays, poor-quality repairs and other violations of your rights?
Repair of a car at a service station is regulated by the Law "On the Protection of Consumer Rights" and the "Rules for the provision of services (performance of work) for the maintenance and repair of motor vehicles."
To begin with, let's learn, like "Our Father", what you should have on hand when you gave the car to a car service.
What does the service station give to the owner of the car when receiving the car?
The service provider issues a contract in writing. This may be an order, a receipt or other document with the obligatory content of the name of the contractor and his location, full name of the owner of the vehicle and telephone number, date of receipt of the order and the timing of the repair. If the work is carried out in parts, then intermediate deadlines for execution should be prescribed.
If you do not specify the terms of the repair, you will not be able to file a claim for delay!
Must also be installed service price and the procedure for payment (at a time, in installments, on time, in cash, by bank transfer).
IN without fail vehicle data are indicated: make, model, state number, unit numbers, as well as the price of the car itself which is established by agreement of the parties.
Mandatory list of rendered services (works), spare parts and materials, their cost and quantity. If spare parts and materials are provided by you, then their list must be indicated in the contract.
If work and spare parts are installed warranty periods, then they should also be spelled out in the contract.
When the car remains at the service station, it must be signed act of acceptance, which indicates the completeness and damage, as well as a list of spare parts that you yourself brought.
The act must have the seal of the service station and the signatures of both parties: both yours and the service station employee.
As a result, you should have 2 documents in your hands: an agreement (receipt, order-order) with mandatory content and an act.
Rights and obligations of a car service.
You cannot be provided Additional services for a fee without your consent. If, nevertheless, something was done without your consent, you may not pay for the work not specified in the contract.
STO cannot condition the provision of one service on the provision of another.: “We will change this spare part for you only if you buy it from us!”
If the materials or spare parts provided by you are unsuitable or of poor quality, the car service is obliged to notify you of this and suspend work until your instructions are received. If, in case of compliance with your instructions, the work will not be completed on time or their quality will be reduced, then you should be warned about this.
The contractor who did not warn the car owner about the above circumstances or did not wait for an answer in deadlines, cannot then refer to the existence of these circumstances.
For example, you gave a low-quality part for installation. The car service did not notify you of this or informed you, but did not wait for the deadline set in the contract for a response. As a result of such repair work The car broke down. You can make a claim to the service station, and for it, in turn, it cannot be an excuse for providing you with a low-quality part.
On the other hand, a car service center can terminate the contract and demand compensation for losses if it reasonably warned you about poor-quality material (spare part), informed that following your instructions would reduce the quality of work, and you brushed it aside, did not replace the part with another one, did not eliminate the circumstances, impeding the quality of the service.
The car service is obliged to inform you about the identified malfunctions that threaten road safety. If at the same time you do not agree to perform additional work to eliminate these shortcomings, then the service station must make a record of the presence of malfunctions in the acceptance certificates (in all copies). These records must be certified by the responsible person of the workshop and by you.
At your request, the service station can make an estimate. Also, a car service may require an estimate.. As soon as you confirm the estimate with your signature, it becomes part of the contract.
If the estimate does not indicate that it is approximate, then it is considered solid.
The service station does not have the right to demand an increase in a firm estimate, and you reduce it. The exception is cases when it was impossible to foresee its increase in advance: the rise in the cost of spare parts, the increase in the cost of work performed by third parties on the order of a car service. If in this case you refuse to increase the fixed estimate, then the service station has the right to terminate the contract, but only in court.
The service station should warn you about a significant excess of the approximate estimate if needed additional work. If at the same time you have not given your consent to additional work, then the car service has the right to refuse to fulfill the contract and demand payment for the service already rendered, the work performed. If you were not warned about exceeding the estimate, then they cannot demand payment in excess of the established amount.
The car service is obliged to comply with the deadlines for the provision of services.
After completing the work, you are required to issue invoices for newly installed numbered units.
The car service is obliged to report on the consumption of spare parts and materials that you paid for, and return the balance or reduce the price by the cost of the remaining parts and materials.
You must also return the replaced (faulty) parts.
If there are disagreements between you and the car service center regarding the quality of work, then the examination is carried out initially at the expense of the car service center. The initiative of the examination can be both yours and the service station. At the same time, if it is established that there are no violations of the contract, the performer performed everything qualitatively in accordance with the terms of the contract, then the costs are borne by the party on whose initiative the examination was carried out. When it is appointed by agreement of the parties, the costs are equally divided.
The service station is responsible for the quality of spare parts and materials that it provides.
What are you entitled to when repairing a car?
In addition to your right to demand quality service and meeting deadlines, you are entitled to other actions.
You have the right check the progress of work and their quality without interfering with the activities of the performer. And the service station is obliged to provide you with the opportunity to be in the production premises.
You have the right terminate the contract at any time, paying for the work performed up to the moment of termination, and reimbursement of expenses. Just do not forget that if work was performed that you did not order, are not indicated in the contract, you did not give your written consent to increase the estimate, then you are not required to pay for the arbitrariness of the car service.
You can get a car only after full payment for the work. You have the right not to pay for services rendered without your consent.
Upon receipt of the machine, you must check whether everything is in place, check the technical condition of the machine, the scope of work and quality, check the operation of the components and assemblies that have been repaired.
If you find something inconsistent with the contract, substitution of parts, the absence of any parts or shortcomings in the work, then you must immediately report this to the service station. All shortcomings must be specified in the transfer acceptance certificate. If you write that there are no claims, then you will not be able to prove that they actually were. If you don't like how it was painted, repaired, it doesn't work well - don't write that there are no complaints.
When the shortcomings of the work were not immediately discovered and could not be detected during normal acceptance, or when the contractor hid the shortcomings of the work, then, if they are found, it is necessary to inform the car service center within a reasonable time in writing.
In case of complete or partial loss of your car, spare parts or materials, the car service is obliged to give you another car, spare parts or materials of a similar quality free of charge within 3 days or reimburse you for the cost of the specified property in double the amount, as well as reimburse your expenses.
Discord. In order to save your nerves and not waste time on proceedings with the management of the service station, you need to hand over and pick up the car after repair correctly.
Returning a car to a car service
First, about documents. Although this is boring, nevertheless, carefully read the following, so that later you do not bite your elbows in annoyance.
When giving your four-wheeled pet into the caring hands of car mechanics, be sure to draw up a car maintenance agreement, which must contain the details of the parties (your and service stations), a detailed list necessary work, the deadline for their implementation, the cost of maintenance, a list of spare parts and materials necessary for repair.
Pay special attention to warranty obligations work executor. If you leave the car on responsible storage not expected, you can limit yourself to drawing up an invoice and a work order.
In the presence of the owner of the car, a check is made technical condition vehicle, as well as the identification of defects and external damage to the vehicle, on the basis of which an act of acceptance and transfer of the vehicle is then drawn up.
Forms of acceptance and transfer certificates at different car service points may differ, however, in any of them, the passport and technical data of the car and its completeness must be indicated.
The condition of the body, glass, lights and bumpers must be displayed on a special diagram using symbols.
Be sure to note on it all damage and defects that are not included in the repair plan, up to small scratches, chips and microcracks.
To be able to see them, the car must be thoroughly washed. The condition of the car (clean/dirty) should also be displayed in a special box or recorded in the notes.
In the act of acceptance indicate 
Check for the presence or absence of wiper blades, electronic equipment, gas cap, wheel covers, spare wheel, badge emergency stop, fire extinguisher and first aid kit.
In order to avoid replacing the battery with a device of the same model, but rather worn out, many advise indicating in the act serial number battery.
In order not to tempt car service employees, provide them with a car with the minimum possible number of things, tools and equipment.
The same applies to the amount of fuel in the tank. Pour it just enough so that this volume is enough to leave the car service and get to the nearest gas station.
Reception of the car after repair
Rent a car for Maintenance- this is half the battle, you still need to pick it up correctly from the repair.
Start by checking the cleanliness of the car both outside and inside. Check if it has been added to paintwork body and its details of scratches, dents and other defects.
To get a complete picture of external state car, demand that it be handed over to you as clean as it was received.
Make sure everything optional equipment, accessories and tools are in their places in the cabin and trunk of the car.
As far as possible, check whether all new parts and spare parts indicated in the invoice or in the work order are actually installed, do not hesitate to demand that old replaced parts and assemblies be presented and returned to you.
Ask the manager or receiver to drive a short distance with you in the car to make sure that the problem has indeed been fixed.
Feel free to ask the most seemingly naive and ridiculous questions related to the repair. The duty of the car service personnel is to give accurate and comprehensive answers to them.
Only after all issues have been resolved and claims have been settled, sign the documents on the acceptance of the vehicle from repair, get into the car and drive out the gates of the car service.
Good luck to you! Not a nail, not a wand!
Is it time to take your car out of repair? You are already impatient, you are tired of doing without it, and therefore you are ready to quickly sign the papers and finally get behind the wheel. So, no need to be quick. Let me remind you that you rented out for repairs (consider strangers), the most expensive property after the apartment. Therefore, take it responsibly. Plan enough time to receive the car and think in advance of a fallback in case the car cannot be returned to you today for one reason or another. So you do not drive yourself into time trouble and during the acceptance of the car you will make calm, balanced decisions, knowing that the awl is very far from your fifth point.
When accepting the car, first, do not sign anything until you are sure that the car is returned to you without additional damage and complete. I do not want to say that all servicemen are crooks, this is far from the case, but everything happens.
Secondly, make sure that the spare parts included in the work order are replaced. You should be shown not only the old parts in the trunk that have been replaced with new ones (after all, these may not be parts from your car), but also the new ones installed on your car. In the vast majority of cases, they are visible during an external examination, if necessary, ask to lift the car on a lift.
Thirdly, make sure that the repairs that you asked for are actually fixed as a result of the repair. If this requires test drive, ask a service representative to drive with you and make sure that everything really works as it should.
And only if everything suits you, carefully study the invoices and other documents, only then sign and go to pay the money.
Most importantly, don't be afraid to ask direct "stupid" questions. If something bothers you, find it out on the spot. As an example, I will tell you one story that happened to a friend. At one time we published it in one of the media, but it deserves to be repeated. The hero of the story is a lawyer, corrosive as acid. As he jokingly says about himself: “Many consider me a bore, but I only demand what is due.” So, he came to pick up his an inexpensive foreign car after scheduled maintenance. I carefully studied all the documents, asked to show the replaced spare parts and asked a “naive” question: “Where are 600 grams gear oil? Here in the list of consumables it is indicated that I have to pay for 4 liters of oil, and according to service book only 3.4 liters are poured into the transmission. I understand that you have a liter container, but it should be in the trunk and it should contain 0.6 liters, for which you offer me to pay. The master looked down at this "wise guy" and said that the client does not really understand car repair, and, they say, he does not even imagine how bad it would be if they did everything according to the instructions. The client clarified whether this means that all four liters were poured into the box of his car? Naturally, the master replied, it is strange that it took so long to explain this to you! Then, the client asked, you write to me in the work order that you poured all four liters into it, isn't that true? Of course, master replied. And wrote. A fool, of course, but at that moment it did not seem so to him. The client politely asked for a book of complaints, where he described everything that happened, put the number and signature. As he explained, so that later on the service they could not say that they saw this person for the first time. And calmly walked away.
But "boring" continued. Sent a request to the manufacturer (in our case, to the representative office of a respected car company, from the conveyor of which his car came off), where he asked to tell what filling capacity transmission on his car (model, engine, gearbox type, VIN number). I waited for an official answer, which indicated 3.4 liters. After that, he prepared a written claim addressed to the head of the dealership, where he described that, according to the documents he had (work order with a record of the master about four liters and an official response from the car manufacturer), employees dealer center during the scheduled maintenance of his car, the technology of work was violated (more oil was poured into the checkpoint than it should be). And a violation of the technology can lead to a decrease in the resource and even the failure of an expensive unit (it is written in the service book as well). And since he has written evidence of the guilt of the dealership employees, he will go to court demanding that the incorrectly serviced unit be replaced with a new one.
As he himself, smiling, said, he managed to settle the dispute out of court. Translated from legal into Russian, this meant the next MOT for free. Just something for 600 grams of oil! Therefore, when you receive a car from repair, do not be afraid to pass for bores, demand what is supposed to be. You look, and the bonus can turn out.
In previous posts, we talked a little about how to properly hand over a car for repair, by what signs you can try to distinguish good service from the bad, how to control the progress of work. But it's time to take the car out of repair. You are already impatient, you are tired of doing without it, and therefore you are ready to quickly sign the papers and finally get behind the wheel. So, no need to be quick. Let me remind you that you rented out for repairs (consider strangers), the most expensive property after the apartment. Therefore, take it responsibly. Plan enough time to receive the car and think in advance of a fallback in case the car cannot be returned to you today for one reason or another. So you do not drive yourself into time trouble and during the acceptance of the car you will make calm, balanced decisions, knowing that the awl is very far from your fifth point.
When accepting the car, first, do not sign anything until you are sure that the car is returned to you without additional damage and complete. I do not want to say that all servicemen are crooks, this is far from the case, but everything happens.
Secondly, make sure that the spare parts included in the work order are replaced. You should be shown not only the old parts in the trunk that have been replaced with new ones (after all, these may not be parts from your car), but also the new ones installed on your car. In the vast majority of cases, they are visible during an external examination, if necessary, ask to lift the car on a lift.
Thirdly, make sure that the repairs that you asked for are actually fixed as a result of the repair. If this requires a test drive, ask a service representative to ride with you and make sure everything really works as it should.
And only if everything suits you, carefully study the invoices and other documents, only then sign and go to pay the money.
Most importantly, don't be afraid to ask direct "stupid" questions. If something bothers you, find it out on the spot. As an example, I will tell you one story that happened to a friend. At one time we published it in one of the media, but it deserves to be repeated. The hero of the story is a lawyer, corrosive as acid. As he jokingly says about himself: “Many consider me a bore, but I only demand what is due.” So, he came somehow to pick up his inexpensive foreign car after a scheduled MOT. I carefully studied all the documents, asked to see the replaced spare parts and asked a “naive” question: “Where are 600 grams of gear oil? Here, in the list of consumables, it is indicated that I have to pay for 4 liters of oil, and according to the service book, only 3.4 liters are poured into the transmission. I understand that you have a liter container, but it should be in the trunk and it should contain 0.6 liters, for which you offer me to pay. The master looked down at this "wise guy" and said that the client does not really understand car repair, and, they say, he does not even imagine how bad it would be if they did everything according to the instructions. The client clarified whether this means that all four liters were poured into the box of his car? Naturally, the master replied, it is strange that it took so long to explain this to you! Then, the client asked, you write to me in the work order that you poured all four liters into it, isn't that true? Of course, master replied. And wrote. A fool, of course, but at that moment it did not seem so to him. The client politely asked for a book of complaints, where he described everything that happened, put the number and signature. As he explained, so that later on the service they could not say that they saw this person for the first time. And calmly walked away.
But "boring" continued. He sent a request to the manufacturer (in our case, to the representative office of a respected automobile company, from whose assembly line his car came off), where he asked for information about the filling capacity of the transmission on his car (model, engine, gearbox type, VIN number). I waited for an official answer, which indicated 3.4 liters. After that, he prepared a written claim addressed to the head of the dealership, where he described that, according to the documents he had (work order with a record of the master about four liters and an official response from the car manufacturer), the employees of the dealership violated the technology of work during the scheduled maintenance of his car (poured more oil into the gearbox than it should be). And a violation of the technology can lead to a decrease in the resource and even the failure of an expensive unit (it is written in the service book as well). And since he has written evidence of the guilt of the dealership employees, he will go to court demanding that the incorrectly serviced unit be replaced with a new one.
As he himself, smiling, said, he managed to settle the dispute out of court. Translated from legal into Russian, this meant the next MOT for free. Just something for 600 grams of oil! Therefore, when you receive a car from repair, do not be afraid to pass for bores, demand what is supposed to be. You look, and the bonus can turn out.
