What to do when the seller sends it to the service center? Secrets of correctly contacting a service center

Latest update January 2019

The most common consumer requirement when identifying a product defect is warranty repair. According to the law, all costs in connection with its implementation are borne by the seller, manufacturer or organization that imported the goods from abroad (hereinafter referred to as the obligated person). Naturally, avoiding such a burden is one of the primary tasks of the seller (manufacturer, importer).

We have compiled detailed instructions, following which you can achieve quality repairs under warranty in a short time.

What you need to know

First, let's look at the main points that you need to know when discovering deficiencies and submitting a repair request.

What shortcomings need to be eliminated?

The defect must be eliminated if it was not provided for in the contract or otherwise not agreed upon by the buyer during the sale. So, carefully look at the documents for the product, and if they indicate that the product was purchased with a defect (for example, a refrigerator whose freezer lighting does not work), then such a defect will not be repaired under warranty repairs.

Is it worth asking for repairs?

Warranty repair is an alternative requirement of the buyer. Instead of repairs, the consumer may demand a refund, replacement of goods, reimbursement of expenses for repairs that the buyer makes on his own, etc. But the freedom to choose these requirements belongs to the buyer if we're talking about on durable goods that are not classified as technically complex goods.

With technically complex goods the situation is more complicated (). If the first defect (except for a significant one) is discovered after 15 days after purchase, a technically complex product can only be repaired (exchanged, money cannot be returned).

Therefore, whether we are talking about a simple durable product or a secondary repair of a technically complex product, you should take your own interest into account. Perhaps a refund or replacement of the product will be more economically feasible.

Warranty repair periods

There are periods when repairs can be considered under warranty and therefore free of charge. Such deadlines are usually divided into the following categories:

during the stated warranty period;
upon expiration of the warranty, but within 2 years;
after 2 years, but during the service life;
after 2 years, but within 10 years if the service life is not specified.

Where to go

At his choice, the buyer can contact:

to the seller;
the manufacturer of the goods;
importer (organization that delivered the goods from abroad).

A visual table of the buyer's request for warranty repairs.

Period	Type of deficiency	Who can I contact?	Having an obligation to repair	It is the buyer's responsibility to prove manufacturing defects
During the warranty period	Common drawback		Yes	No
During the warranty period	Significant disadvantage	Seller, manufacturer, importer	Yes	No
	Common drawback	Seller, manufacturer, importer	Yes	Yes
After the warranty period expires within 2 years	Significant disadvantage	Seller, manufacturer, importer	Yes	Yes
After 2 years, but the service life period	Common drawback	Manufacturer	No	-
After 2 years, but during the service life,	Significant disadvantage	Manufacturer	Yes	Yes
	Common drawback	Manufacturer	No	-
After 2 years, but within 10 years if the service life is not specified	Significant disadvantage	Manufacturer	Yes	Yes

Non-warranty cases

Please note that not all breakdowns may be subject to warranty repair. The seller (manufacturer, importer) is not obliged to eliminate defects free of charge if they arise due to:

careless use (for example, falling cell phone from a considerable height);
improper use (for example, using a blender to loosen soil for houseplants);
exposure to natural elements, as well as substances that are incompatible with the performance of the product (for example, liquid getting on a laptop);
improper transportation or storage of goods (for example, transporting the monitor in a metal car body without fixing or softening materials).

Instructions

Let's consider the buyer's action algorithm when making claims for warranty repairs. There are two possible scenarios for events:

the seller (manufacturer, importer) recognizes the case as covered by warranty and makes repairs voluntarily
The seller (manufacturer, importer) refuses to carry out repairs

1. The buyer’s procedure if the seller carries out repairs voluntarily

Appear to the seller with a statement

It is necessary to come to the seller (manufacturer, importer) and submit a written request for the free elimination of defects in the product (). Any person can represent the buyer's interest with a notarized power of attorney. Such cases, of course, should only be entrusted to a lawyer or a person experienced in such matters.

The application for warranty repair must be handed over to the obligated person against signature, that is, the second copy (which will remain with you) must have a signature responsible person seller (manufacturer, importer), sealed and dated.

Transfer the goods

Along with the application, the seller (manufacturer, importer) receives the defective product. By law, the seller is obliged to accept the goods, even if the case turns out to be non-warranty. The transfer of goods for warranty repair must be formalized by an act of acceptance of the goods from the buyer. Such a document must be drawn up by the seller. But be sure to make sure that the document contains the following information:

date of transfer of goods;
from whom the thing was received;
who received the goods;
a detailed description of the product indicating the serial (other identification) number, external damage or traces of use (if any);
presence or absence of factory seals;
description of signs of breakdown according to the buyer;
confirmation by the seller that the case is under warranty and the product is accepted for repair.

You should know that if the goods weigh more than 5 kg or are large, the buyer may require delivery of the goods from the location of the goods for repair and back at the expense and efforts of the seller (manufacturer, importer), or compensate for the costs of independent delivery.

Check the quality of the product

The situation with the transfer of goods and repairs can be complicated if the seller cannot immediately recognize the repair as warranty and plans to check for defects. The check can be carried out:

immediately upon delivery of the goods;
some time after receiving the goods.

When a quality check is carried out immediately on the spot and the defects of the goods are confirmed, an act of acceptance and transfer of goods for repair from the buyer to the seller (manufacturer, importer) is drawn up immediately after the check, that is, almost at the same time as when submitting claims for free repairs .

In a situation where the seller intends to carry out an inspection at a later date, the goods must be sealed in packaging material(polyethylene, cardboard box, etc.) in such a way as to prevent access to the product (opening, disassembling, etc.) without the participation of the buyer. The packaging must be signed by the buyer and seller (manufacturer, importer).

The packaging can be opened when the seller checks the goods in the presence of the buyer, which is noted in the document on the goods check. If the seller carried out an inspection without notifying the buyer and opened the package without him, then all the results of the inspection can be questioned.

All these precautions are necessary to avoid illegal actions of unscrupulous sellers, creating the appearance of the consumer’s guilt in the shortcomings of the product. For example, liquid may be deliberately spilled on the laptop, resulting in a short circuit. Under such conditions, naturally, the cause of failure will be supposedly improper operation (ingress of liquid). The blame is thereby shifted to the consumer.

Request a replacement product during repairs

The consumer has the right to demand that a similar product be transferred to him during the repair period. Such a requirement should be stated in writing in a statement (). The seller, manufacturer or importer is obliged to provide the buyer with a free temporary replacement of the product within three days. But it should be borne in mind that not any product can be obtained for temporary use during the repair period. The following products are not provided:

Repair completion time

The law provides for two types of warranty repair periods:

within 45 days with the conclusion of a written agreement on the repair period;
immediately (as far as the level of technical progress allows, depending on the complexity and labor intensity of the repair). In any case, this period should not exceed 45 days.

The period is calculated from the moment the goods are transferred until they are returned to the buyer with the defects eliminated. At the same time, quality control, examination, or legal proceedings do not suspend the total period of warranty repairs.

There are cases when the seller does not meet the repair deadlines. You should know that the seller cannot have any good reasons to justify their delay (even in the absence necessary materials, spare parts and components, etc.). Therefore, such explanations cannot be an indisputable basis for concluding an additional agreement with the buyer to extend the period of warranty repairs or resignedly waiting for the completion of protracted repairs.

If the repair period is not met, the following situations are possible:

the seller and the buyer can draw up an agreement to extend the terms (the agreement is drawn up voluntarily);
The buyer may refuse repairs and make other demands regarding the quality of the product:
1. replacement with a similar product;
2. replacement with a product of the same brand, but of a different model with recalculation of the price;
3. refund of money paid for goods;
4. a commensurate reduction in the price of a product.

Violation of the terms of warranty repair of a product can be to the advantage of the buyer who handed over a technically complex product for repair, since such a delay allows him to put forward other demands (refund, replacement, etc.), which initially the consumer who owns a technically complex product cannot put forward upon discovery defect.

However, a buyer who decides to take advantage of the violation of deadlines to put forward new demands must take measures to recover the goods from the obligated person. Otherwise, the seller (manufacturer, importer) may repair it (in violation of the deadlines) and then it will be impossible to put forward other demands.

In addition, the buyer can simply demand a penalty (fine) for a missed repair period or the deadline for providing goods in exchange for the duration of the repair. The fine is 1 percent of the cost of the goods for each day of delay.

For example, put in for repairs music center worth 10,000 rubles. The buyer made a demand for the provision of a similar product, which was presented not within 3 days, but after 7 days. Accordingly, the delay is 4 days, that is, 4 percent of the cost of the goods (1 percent x 4 days). Thus, the seller must pay a fine of 400 rubles. (4 percent x 10,000 rubles).

It is worth noting that the need to pay a fine should be submitted in writing to the seller (manufacturer, importer), otherwise it is considered that the buyer waives his right to collect a penalty.

Returning goods after warranty repair

When the repair is completed, the seller must notify the buyer of the opportunity to return the item.

Upon receipt of the goods, you should carefully inspect it for safety and the absence of new defects (which did not exist previously). Demand that they demonstrate to you the serviceability of the product and provide you with a report (certificate) on the repairs performed. The certificate states:

date of submission of the repair request;
when the goods were accepted from the buyer;
repair period;
description of existing deficiencies, used spare parts and components for repairs;
confirmation of defect elimination;
the date on which the goods were returned to the owner.

2. The buyer’s procedure if the seller (manufacturer, importer) refuses warranty repairs

Give the application and product to the seller

The first two steps of the buyer’s actions in the event of the seller’s (manufacturer’s, importer’s) unwillingness to carry out warranty repairs are similar to the actions of the consumer in the event of voluntary satisfaction of his demands for elimination of product defects by the seller. Therefore, we will limit ourselves to the above description.

The seller refers to a non-warranty case

The seller (manufacturer, importer), after checking the quality of the product, does not recognize the obligation to provide free repairs, citing a non-warranty case. The situation can develop in two scenarios:

the seller (manufacturer, importer) organizes and conducts an examination of the quality of the goods
the obligated person refuses further manipulations with the goods, citing the sufficiency of his quality control

In the first case, when the seller (manufacturer, importer) plans to submit the goods for examination, the goods are subject to packaging, sealing and signatures of the seller and consumer.

The packaging must be opened by an expert during a commodity examination in the presence of the buyer.

In the second case, when the seller refuses to conduct an examination, these activities are organized by the consumer himself.

The seller agrees with the examination that is positive for the buyer

If the results of the examination are positive for the buyer, the actions of the seller (manufacturer, importer) are usually aimed at satisfying the stated requirement to repair the defect, since the obligated person understands that the outcome of the dispute has already been predetermined in favor of the consumer and further litigation does not promise him anything other than additional expenses. In addition, the search for those who are right and wrong may lead to missing the deadline for repairs, which gives the buyer the right to put forward a new, more severe demand (including refusal of the purchase and sale agreement and the return of money paid for the item). And the seller certainly strives to avoid this, especially if it concerns a technically complex product.

Going to court

However, there are not isolated cases when the seller (manufacturer, importer) goes all-in to the end. Then the only way to force warranty repairs is through legal action.

If the buyer promptly and in the prescribed form contacts the seller (manufacturer, importer) with an application for warranty repairs, and the expert opinion confirms that the consumer is right, then the case is won.

Before going to court, it is necessary to send a claim to the obligated person, in which you refer to the conclusion of the merchandising examination. If the claim is rejected, it must be attached to the statement of claim to the court. And if no response is received, then indicate this in the claim. Leaving a claim unanswered is the same as refusing to satisfy it.

Naturally, the preparation and conduct of the case in court should be carried out by a professional person (lawyer, lawyer, representative of the consumer rights protection committee).

Execution of a court decision

After the court decision comes into force, receive a writ of execution and submit it to the bailiff department. The bailiffs will do the rest.

Comparative table of buyer actions for various positions of the obligated person

The seller, manufacturer or importer voluntarily fulfills the requirement for warranty repairs	The seller, manufacturer or importer refuses to satisfy the requirement to eliminate defects in the goods before the examination of the goods	The seller, manufacturer or importer refuses to satisfy the requirement to eliminate defects in the goods until a court decision
Flaw detection	Flaw detection	Flaw detection
	Requests for repairs	Requests for repairs
Transfer of goods for inspection	Transfer of goods for inspection	Transfer of goods for inspection
Confirmation of repair warranty and repairs		Recognition of the case as non-warrantable
Returning goods to the consumer	Carrying out examination of goods	Carrying out examination of goods
-	Carrying out repairs	Refusal to satisfy consumer requirements
-	Returning goods to the consumer	Filing a pre-trial claim
-	-	Making a court decision
-	-	Appeal to bailiffs
-	-	Forced repair of goods
-	-	Returning goods to the owner

About the warranty period

When carrying out repairs, the warranty period is suspended for the period from the moment the claim is made until the product is returned to the consumer. If there was a legal dispute and the case was in favor of the buyer, then the entire period of legal proceedings is also not counted towards the warranty period.

For example, the warranty period for the TV is 1 year and is set from 01/01/2015 to 01/01/2016. The consumer contacted the seller on 12/30/2015. Repairs were carried out until 01/15/2016. As a result, the warranty for the product will be valid until 01/17/2016 .

It should be borne in mind that if during the repair a component part is replaced, for which a separate warranty was established in addition to the warranty for the product as a whole, then a new warranty is established for the replaced part of the same duration as it was before the replacement. Its period will begin to run from the moment the goods are transferred to the buyer.

For example, the laptop included a power supply with a 6-month warranty. After 5 months, the laptop broke down and was sent in for repair. As a result of the repair, the laptop's video card was replaced and the power supply was replaced. The warranty period for the laptop remains the same (with the deduction of the repair period), and a new warranty of 6 months is installed on the power supply, which begins to be calculated from the moment the product is returned to the buyer.

About primary and secondary repairs

Primary repair is when a product defect occurs and is repaired for the first time.

Secondary repair – repeated repair is required if the defect appears repeatedly. In this case, it does not matter what the frequency of the defect is (exactly the same defect or of a different nature), the main thing is that the same product must be repaired more than once.

Please note that if a product has several defects at once, but this is the first time you have requested repairs, then such a one-time repair will be primary, regardless of the number of defects being eliminated.

This question arises acutely when there are shortcomings in a technically complex product, since the primary or secondary nature of the repair determines the range of consumer requirements. Let us remind you that if there is a significant deficiency, the choice of consumer requirements does not depend on the number of repairs.

A visual table of consumer requirements regarding a technically complex product.

During initial repair	During secondary repairs	If a significant deficiency is detected
compensation for repair costs by the consumer or third parties	free elimination of defects replacement with a similar product replacement with the same product of a different model with recalculation reduction in the price of a product	free elimination of defects replacement with a similar product replacement with the same product of a different model with recalculation of the price refund of money paid for goods reduction in the price of a product compensation for repair costs made by the consumer or third parties

Compensation for consumer expenses for repairs made by yourself or a third party

The buyer is not prohibited from independently repairing the goods and subsequently recovering costs from the seller (manufacturer, importer). Sometimes the buyer does not trust the repairs of third-party or organizations simply unknown to him, or situations arise when repairs need to be done urgently, without delay, or the seller’s remoteness does not allow him to timely make a claim for warranty repairs. However, there are several important points, which determine the success of the implementation of such buyer rights. Let's take a closer look.

Who can make repairs

So, repair of a product defect can be carried out:

by the buyer himself;
by a third party.

In turn, third parties are:

any outsider (both citizen and organization);
a specialized organization (certified specialist) that has the right to carry out repair work taking into account work experience, existing license, accreditation, certification, etc.

What expenses are reimbursed?

1) If the repair was made by the buyer himself:

cost of spare parts, components, etc.;
costs for the delivery of spare parts and components, if it is impossible, due to their specificity and rarity, to be purchased at the place of repair;
costs of consumables (glue, hardware, seals, wires, etc.);
the cost of disposable tools and devices for repairs.

2) If the repairs were carried out by an outside organization (specialist), the costs include the cost of:

spare parts, components, as well as their delivery;
consumables;
disposable instruments and devices;
work performed in accordance with the established price list (price list) or within the average market price.

How are repair costs reimbursed? Option #1

The law does not provide clear rules for satisfying this requirement. Therefore, one should proceed from the prevailing practice and optimality of achieving the goal. It is best to stick to the following algorithm.

Stage No. 1. First, the buyer must notify the seller (manufacturer, importer) of the detected defect in the product and demand an intention to carry out repairs on our own ().

Stage No. 2. Then present the product to the seller to confirm the warranty case (quality check or examination (in case of a dispute about a defect)). At this stage, the seller or buyer can agree on a preliminary price for the repair. That is, the seller determines the size of the repair based on existing experience in repair work. If the preliminary amount turns out to be less, then the missing difference can subsequently be made up by an additional payment. Total term payment of compensation for repairs is 10 days from the date of filing the claim.

Stage No. 3. Organize repairs.

Stage No. 4. Submit a cost report () with the presentation of documents confirming the repairs and the cost of expenses. If the repairs were carried out independently, then the buyer submits receipts for spare parts, materials, etc. When the repairs are carried out by a third party, then an act of work performed, a certificate of the cost of materials, a delivery note, an invoice, etc. (in a word, documents usually compiled organizations and entrepreneurs in confirming repair work).

If there are no such documents, you can contact expert organizations that will give an opinion on the cost of the repairs. True, it will not be possible to recover the cost of such a conclusion from the seller.

How are repair costs reimbursed? Option No. 2

An alternative procedure is for the buyer to contact the obligated person with a request to reimburse the costs of repairs after they have been carried out. This procedure is not prohibited by law. However, if a controversial situation arises, the buyer must prove to the seller that the product had a defect that he eliminated, and also justify the costly part of the repair. This task is not easy.

What are the restrictions?

The warranty may stipulate that the elimination of defects in the product must be carried out specialized organization(a certified specialist) who has the necessary permits (compliance with established requirements) for such work. Without compliance with such requirements, the repair may be considered improper and the costs of its implementation may not be reimbursed. Moreover, this may cause the product to be excluded from further warranty obligations.

This, of course, does not mean that the buyer is deprived of the right to choose a specialist in whom he is confident to carry out repair work, or do-it-yourself repair. The question comes down only to the complexity and features of the product that has failed. For example, the law provides for a license for maintenance and repair of medical equipment. Therefore, the repair of, say, a blood pressure monitor by an organization that does not have the specified license will be illegal. For the same reason, the consumer cannot repair this product himself.

It’s another matter if the seller imposes repairs only from accredited specialists (organizations). The buyer can carry out repairs from any person who has the appropriate permit, license, or certificate to carry out such work. Whether it is included in the seller’s list of recommended organizations is no longer important, and this does not affect the legitimacy of the buyer’s demands for reimbursement of repair costs.

However, it must be borne in mind that in a controversial situation, the seller can conduct an examination of the qualifications of the repair. And if the work does not meet accepted standards, the buyer’s intention to reimburse expenses will be unauthorized.

Difficult situations

1. Additional actions requiring payment

Sometimes the seller, when making repairs, may perform additional actions that go beyond the scope of warranty repairs (for example, when repairing a computer, install updated version operating system). Often the seller explains this as a necessity better work goods and demands payment for it.

If such additional work and services were provided without the knowledge of the buyer and, accordingly, without his permission, then payment should not be made. All expenses incurred are borne by the seller, and he cannot force them to be recovered from the consumer, even through court.

2. Declaring repairs out of warranty

A similar situation occurs when the seller accepts the product for warranty repair, eliminates the defects, and then announces that the case was not under warranty and the repair was of a commercial nature, that is, it must be paid for. In such a case, the consumer is not required to pay any money. Even if the product defect is clearly related to the buyer’s fault and the seller provides evidence this fact evidence (expert conclusion, certificate from a service center, etc.), the consumer will not have any obligation to reimburse the seller’s expenses. This situation will be interpreted as a manifestation of the seller’s goodwill in providing free repairs.

3. New defects in a repaired product

There are cases when a repaired product with new defects is returned to the buyer (for example, a TV was repaired because the sound disappeared; the product was returned in good condition, but a scratch appeared on the screen, which was caused by repair specialists).

Such defects are not considered as production defects that appeared more than once (new defects or re-appearing defects, etc.). These cases relate to violation of the storage conditions of goods transferred by the buyer to the seller for repair. And the seller is separately responsible for such damage to the goods - he reimburses the cost by which the price of the goods is reduced. Typically this cost is equal to the cost of repairs, replacement of parts, components, etc.

For this reason, you should be extremely careful when accepting a repaired product and record any suspicious observations in the goods acceptance report. In general, for such purposes, acceptance should be carried out with a familiar specialist, or an independent commodity expert should be invited for a small fee.

Komsomolskaya Pravda decided to rectify the situation. In the series of articles “Consumer Club”, together with lawyers, consumer rights protection specialists and subject matter experts, we tell you how to achieve justice in the most different areas our life. We dedicated the first issues of our “Consumer Club” to and, and today we’ll talk about repairs household appliances and electronics.

Stop the thief!

Oksana was deceived in a personal computer repair shop. And not in some sharashka office or booth at the market, but in a quite decent service center.

When loading the laptop, the screen remained black, says Oksana. - Called service center, explained the problem. They told me that most likely your laptop’s video card was faulty, and they offered to bring it in for repairs. I call back in five days. They answer me: there is a lot of work, they haven’t done it yet. I called again three days later - the same result. Finally they called back with the news: they couldn’t repair my computer and offered to pick it up. That’s what they said: it’s easier to throw it away and buy a new one! And indeed: now not only the screen, but also the computer itself no longer turned on.

Oksana did not take advantage of the advice and did not throw away the laptop, deciding to take it to another service center. That's where they told her the terrible truth: not only the video card crashed, but also the hard drive. Moreover: the hard drive on the laptop is, apparently, “non-native”. Oksana is beside herself with indignation: not only did they not repair the thing, but they also brazenly replaced the components! And now it’s impossible to understand - in the first workshop or in the second. “I couldn’t even think that in our time, because of such nonsense, service centers would risk their reputation!” - she admits. And he wants to know for the future: is it possible to insure himself in such a situation?

First of all, an unscrupulous technician can change the computer RAM And hard drive, explains computer repairman Alexander. - Therefore, in order to be on the safe side, the client must clearly know the amount of memory and hard drive in the computer being handed over and their manufacturer. If you pick up a non-working laptop from a workshop and the technician assures you that it is impossible to repair it, ask them to open the bottom panel in front of you and check the memory and hard drive according to these parameters.

Format...

Our reader Boris told his “computer” story. His computer began to work very slowly and at the same time constantly displayed information that “there is not enough space on drive C.” Boris did not dare to clean the hard drive himself and took the computer to a service center. There they assured him that the problem would be solved “at once”, and they said that they would bring the computer back to normal within one day. However, in reality, everything turned out to be not so simple and not so fast.

The next day the director of the workshop called me and started from afar: they say, we hope that all important information from your computer was duplicated and, of course, saved on your flash drive or on another computer,” says Boris. - It turned out that, instead of dealing with drive C, the guys formatted drive D, and absolutely all my files were deleted. On the one hand, of course, it’s my own fault for not duplicating the information. But on the other hand, I never expected such a turn of events. This is the height of unprofessionalism! Not only did they do absolutely nothing useful, but they also “killed” the information that I had been collecting for years. Agree: anyone can easily do such “repairs”!

Even despite partially admitting his own guilt in what happened, Boris did not put up with the situation and demanded that the lost files be restored. It must be said that the workshop was not too eager to fulfill his demands, but after he threatened to bombard the “craftsmen” with complaints, they still got to work. Things progressed with difficulty - most out of 5 thousand documents was restored a week later. Moreover, without the original names - all the files were dumped into one folder with numbers instead of names. However, this story ended more or less tolerably: some of the files were restored, the hard drive was replaced with a larger one, and no money was taken for the “services.”

Tips "KP"

How to choose the right repair shop

✘ Do not contact a workshop in the city center without first monitoring prices: prices there are often higher than in other areas.

✘ Look for information on the Internet, compare prices (it would be a good idea to check them by phone), read reviews.

✘ Choose a center where they do

free diagnostics.

✘ Do not contact fly-by-night companies - check what year the service center has been operating since.

✘ Choose a service center that has large assortment spare parts for repairs.

✘ No matter how low the price of the service, ask for a guarantee for the repairs performed.

Good to know

Even if there is no warranty period established for the product, the consumer has the right to make appropriate claims to the seller (manufacturer, performer) if defects were discovered within two years. This provision is contained in Art. 7 of the Law "On Protection of Consumer Rights". Lawyers say this article is often used by lawyers in court. But it’s still better to prevent such a development of events and demand a warranty card at least when purchasing expensive equipment.

FEEDBACK

If you took our advice and achieved victory in the fight for your rights with the “repairers,” tell us about it on our website or in a letter. Most interesting story we will definitely publish it.

In the next issue of our "Consumer Club", which will be released on December 7, 2012, we will talk about how to defend your legal rights in the supermarket.

!WELCOME TO COMPLAIN

Where can you complain about unfair services provided in a repair shop for household appliances and electronics:

1. At the legal address of this service center.

2. State Inspectorate for the Protection of Consumer Rights (Kyiv, Gorky St., 174).

3. Territorial authorities. In the capital - 04070, Kyiv, st. Terehina, 8a (State Consumer Inspectorate) or 04071, Kyiv, st. Verkhniy Val, 42a (Main Directorate for the Protection of Consumer Rights of the Kyiv City State Administration).

IMPORTANT!

The relationship between the consumer and the service center is governed by an agreement, which is provided for by the Rules consumer services population, approved by Resolution of the Cabinet of Ministers of Ukraine No. 313 dated

05/16/1994 and Instructions for the use of document forms strict reporting, used for placing orders and settlements with consumers for household services, approved by order of Ukrsoyuzservice No. 8 dated September 29, 1995.

In accordance with these regulations, an order for repair services from a service center is formalized in three documents: an order, a receipt and a copy of the receipt, which are an agreement for the provision of services for repairing household machines and appliances. The specified documents are filled out as carbon copies. The second copy of the form (receipt) is issued to the customer, and the first (order) and third (copy of the receipt) remain with the contractor.

When placing an order, the contractor indicates in the form:

name of the business entity, its identification code, address, telephone number (or affixes a company stamp with these data);

date of receipt and completion date of the order;
customer data (last name, address, telephone);
name of the order, its description, characteristics of the work;
cost of the order according to the estimate or cost calculation.

In addition, these documents contain data on the used components, spare parts, materials (customer or contractor) and their cost. The cost of the order is confirmed by the customer’s signature, and the amount of funds received is confirmed by the signature of the workshop representative.

Photo: Thinkstock.

LIFE STORIES

Lawyer Natalia LYSENKO commented on instructive stories from the lives of clients of service centers and repair shops.

Story 1. “We’ve been living without a refrigerator for a month now!”

Bought a refrigerator famous brand, but he worked for three weeks,” our reader Natalya says indignantly. - I can’t say more precisely, because two weeks after the purchase we went on vacation. When we returned, a terrible stench from spoiled food awaited us (some of it was left in freezer). After lengthy negotiations with the service center, which initially offered to call us a technician in three weeks, they still gave us a “diagnosis” over the phone with grief: the compressor had failed. We've been waiting for the compressor for 10 days, now we're waiting for the repairman. Despite the considerable money this unit costs, we have been living without a refrigerator for almost a month now, but no one seems to care!

Expert comment:

The procedure for warranty repair (maintenance) or warranty replacement of technically complex household goods is regulated by Resolution of the Cabinet of Ministers of Ukraine No. 506 of April 11, 2002 and the Law “On the Protection of Consumer Rights”. If an electrical household product is under warranty, the defects must be eliminated free of charge within 14 days from the date of the consumer’s request (or by agreement of the parties in another period). During the repair period, the client is provided with a product of a similar model free of charge, including delivery. To do this, the seller (manufacturer) is obliged to create an exchange fund of goods. In accordance with Cabinet Resolution No. 172 of March 19, 1994, the exchange fund consists of refrigerators, televisions, microwave ovens, vacuum cleaners, electric irons, electric mixers, washing machines, electric juicers, telephone devices, including mobile communications, personal computers and their components, electric coffee makers, etc. For each day of delay in the provision of goods of a similar brand and for each day of delay in eliminating defects beyond the established period (14 days), the consumer is paid a penalty in the amount of 1% of the cost of the goods.

The consumer's requirements are considered upon presentation of a technical passport or other document that replaces it, with a mark on the date of sale. If the stated requirements are not satisfied within the time limits established by law, the consumer has the right, at his own discretion, to demand from the seller (manufacturer):

1. proportional reduction in price;

2. elimination of defects in the goods free of charge within a reasonable time;

3. reimbursement of expenses for eliminating product defects.

If significant defects or falsification of the goods are identified during the warranty period, the consumer has the right to demand from the seller or manufacturer:

1. Termination of the contract and return of the amount paid for the goods sum of money. According to Art. 8 of the Law “On the Protection of Consumer Rights”, money is returned to the consumer on the day of termination of the contract or at another time as agreed by the parties, but no later than 7 days.

2. Replacement of the product with the same or similar one from the number of goods available to the seller. If the goods are available, the consumer's requirement must be satisfied immediately (if quality control is necessary, within 14 days or by agreement of the parties), if not, within two months from the date of submission of the relevant application. If the price for a given product has changed, the cost is not recalculated. If we are talking about a product of a different brand (model, article, modification), then in the case of a price increase, the calculation is made based on its value at the time of exchange, and in the case of a price decrease, based on the value at the time of purchase.

Story 2. “Is diagnostics necessary?”

Back in the summer, I sent a non-working printer to a service center for repair. They charged me 100 UAH. for diagnostics, assuring that without this procedure they do not accept printers for repair,” says Olga. - The result of the “diagnosis” was a conclusion that was grandiose in terms of scientific boldness - “it doesn’t work.” But I knew about this even without them! But they are in no hurry to repair the printer - they say they don’t have the necessary spare parts. Three months have passed, but there is no progress. Do they really have the right to repair equipment for years? Or is this a business - to make money on pseudo-diagnosis without repairing anything?

Good afternoon. Today in any city (even a relatively small town) you can find more than one company (service centers) engaged in repairing the various equipment: computers, laptops, tablets, phones, TVs, etc.

Compared to the 90s, now the chance of running into outright scammers is small, but running into employees who deceive in “little things” is more than possible. In this short article I want to tell you how people cheat when repairing various equipment. Forewarned is forearmed! So…

"White" options for deception

Why white? It’s just that these options for not entirely honest work cannot be called illegal and, most often, an inattentive user falls for them. By the way, most service centers (unfortunately) engage in such fraud...

Option No. 1: imposed additional services

A simple example: a user has a broken connector on his laptop. The cost of it is 50-100 rubles. plus how much does the work of a service technician cost? But they will also tell you that it would be a good idea to install an antivirus on your computer, clean it from dust, replace thermal paste, and other services. Some of them you don’t need at all, but many agree (especially when they are offered by people with a smart look and smart words).

As a result, the cost of going to a service center sometimes increases several times!

Option No. 2: “hiding” the cost of some services (changing the price of services)

Some “cunning” service centers very cleverly differentiate between the cost of repairs and the cost of spare parts. Those. when you come to pick up your repaired equipment, you may also be charged money for replacing some parts (or for the repair itself). Moreover, if you start studying the contract, it turns out that in fact this is written in it, but in small print with reverse side contract sheet. Proving such a catch is quite difficult, since you yourself agreed to such an option in advance...

Option No. 3: cost of repair without diagnostics and inspection

A very popular type of deception. Imagine the situation (I observed it myself): a guy brings it to a PC repair company and there is no picture on the monitor (in general, it feels like there is no signal). He is immediately charged with the cost of repairs of several thousand rubles, even without an initial examination and diagnosis. And the reason for this behavior can be either a faulty video card (then the cost of repairs may be justified) or simply damage to the cable (the cost of which is a penny...).

I have never observed that the service center itself took the initiative and returned funds due to the fact that the cost of repairs turned out to be lower than the advance payment. Usually, the picture is the opposite...

In general, ideally : when you bring a device for repair, you are charged only for diagnostics (if the breakdown is not visible or obvious). Subsequently, you are informed about what is broken and how much it will cost - if you agree, then the company carries out repairs.

“Black” divorce options

Black - because in these cases you are simply cheated out of money, and in a rude and offensive way. Such fraud is strictly punished by law (though it is difficult to prove, but quite real).

Option No. 1: refusal of warranty service

Such incidents are rare, but they do happen. The point is that you buy equipment - it breaks down, and you go to a service center that provides warranty service (which is logical). It tells you that you have broken something and therefore this is not a warranty case, but for money they are ready to help you and make repairs anyway...

As a result, such a company will receive money from both the manufacturer (to whom they will present all this as a warranty case) and from you for repairs. It is quite difficult not to fall for this trick. I can recommend calling (or writing on the website) the manufacturer yourself and asking whether this reason (which the service center gives) is actually a denial of warranty.

Option No. 2: replacing spare parts in the device

It is also quite rare. The essence of the deception is this: you bring your equipment for repair, and they replace half of its spare parts with cheaper ones (regardless of whether your device was repaired or not). By the way, if you refuse repairs, then other broken parts may be put into the broken device (you won’t be able to immediately check their functionality)…

It is very difficult not to fall for such deception. We can recommend the following: use only trusted service centers, you can also photograph what some boards look like, their serial numbers, etc. (it is usually very difficult to get exactly the same one).

Option No. 3: the device cannot be repaired - sell/leave it to us for spare parts...

Sometimes the service center deliberately provides false information: supposedly your broken device cannot be repaired. They say something like this: “...you can take it, or leave it to us for a symbolic amount”...

After these words, many users do not go to another service center - thereby falling into a trick. As a result, the service center repairs your device for pennies and then resells it...

Option No. 4: installation of old and “left” spare parts

At different service centers - different times warranty for the repaired device. Most often they give from two weeks to two months. If the time is very short (a week or two), it is likely that the service center simply does not take risks, due to the fact that it is not installing a new part for you, but an old one (for example, already for a long time worked for another user).

In this case, it often happens that after the warranty period has expired, the device breaks down again and you have to pay for repairs again...

Service centers that work honestly install old parts in cases where new ones are no longer produced (well, is the repair time limit and the client agrees to this). Moreover, the client is warned about this.

That's all for me. I will be grateful for additions :)

Took it to the service center mobile phone for warranty repair, the USB connector does not work. After 2-3 weeks of repairs, I picked up the phone and only discovered at home that the phone’s volume buttons didn’t work at all. I took it to the same service center to have this problem fixed, and the phone was stuck with them for a few more weeks.

When in once again I took the phone, the volume buttons worked at first, then they began to glitch a little, jam, and after some time the phone turned off and would not turn on. Only when I connected charger, a sign appeared on the display that charging was in progress, but the device itself did not turn on. How and where can I complain about this service center? Do I have the right to demand compensation from them for damage caused by broken phones? Does the Law on the Protection of Consumer Rights or the Civil Code of the Russian Federation somehow establish responsibility for this?

Victoria

There is an answer

Answers

Rustamova Veronika ViktorovnaLawyer

Part 1 of Article 18 of the Law “On Protection of Consumer Rights” stipulates that if defects arise in a product, you as a consumer can demand full compensation for losses caused to you as a result of the sale of a product of inadequate quality. Losses will be considered the amount of expenses that you will have to incur to compensate for the damaged item, that is, the costs of repairing it or buying a new one (in the law this is called real damage).

1) When accepting an item after warranty repair, before signing any documents, carefully inspect it, check its functionality, completeness, and the presence of damage that you did not specify when handing it in for repair.

2) If you find a defect that did not exist at the time of delivery, be sure to write in the report or receipt for the repair that you have a claim for repairs, and explain which ones specifically (the case is dented, a scratch appears on the screen, etc. ). Such an entry must be made in ALL copies of the act - both in yours and in the act of the store or service center.

3) Ask the service center to issue a receipt for new repairs on the spot and fix the detected defect free of charge. It is better to agree on the deadline for eliminating the defect on the spot and write it down in the receipt.

4) If the store or service center is categorically against it, refuse to receive the item, do not sign any certificate of receipt from repair without claims, and file a claim.

5) If the issue is not resolved even on the claim, you can go to court with a claim for consumer protection. The most convenient way in this case would be to repair the item elsewhere for a fee and demand reimbursement of these costs from the culprit.

06.12.2012, Thu, 15:12, Moscow time

The relationship between service centers and clients is far from a simple “bring it in for repair and take it back” scheme. Most often, problems arise during the delivery and registration of equipment under warranty. Sometimes they are associated with well-known tricks and tricks that customers try to use to get free repairs.

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The client most often takes the faulty equipment to where he bought it - to the store or to the supplier. But if trade organization there is no own authorized service center, it would be more correct to immediately send the device to the manufacturer’s service center - the store will still do the same thing, only it may take longer. Gaining time is especially important for small companies who independently maintain their fleet of computer and office equipment and often do not have sufficient replacement funds for the duration of repairs.

The functionality of the device and the elimination of manufacturing defects are guaranteed by the manufacturer, and not by the store, supplier company or authorized service center. Regarding warranty repairs, trade organizations and service centers are guided by instructions received from the vendor or main service provider.

Double standards

Typically, the warranty period for technical products ranges from 6 months to 3 years, depending on the type of device and the specific manufacturer. Interestingly, the period rarely depends on the reliability, technical complexity and size of the device. For example, a computer system unit may have only a year of warranty, but a small navigator may have two. Often this turns out to be a marketing ploy by the manufacturer to attract buyers.

The warranty period rarely depends on the reliability, technical complexity and size of the device

Already at the stage of establishing the warranty period, various tricks begin. Trade organizations can “play” with them, providing themselves with more favorable working conditions. For example, a product may have a 2-year warranty, but the seller advertises only 1 year. This can be a sin small shops and points of sale that do not want to deal with customer service.

Why is this happening? Employees of service centers know that there are two warranty periods: one - from the date of sale - is established for the buyer, the second - from the date of production - for the trade organization. Due to the fact that the devices go through quite long haul from factory to cash register (transportation, customs clearance, warehousing), the second warranty period is longer. For example, with a warranty of 3 years from the date of sale, the maximum warranty period from the date of manufacture will be 3 years 6 months.

As soon as the established period from the date of production expires, the manufacturer declines responsibility for warranty repairs. And, if according to the coupon there is a guarantee, but in reality it has expired, this only means that the product has not been sold for too long. Claims should no longer be made to the manufacturer or service center, but to the store. Therefore, when purchasing, you also need to pay attention to the date of manufacture of the device.

To insure against such cases, stores independently reduce warranty periods for some types of goods. Especially the discrepancy in warranty periods concerns computer components.

How to hand over goods correctly

There is a common belief that service centers try their best to deny customers warranty repairs. This is usually not the case. Although an authorized service center does not charge money for warranty repairs, it is paid for this work by the manufacturer or central service provider. That is, even from warranty repairs the service center makes money. Therefore, it makes no sense for him to evade repairs or “kick off” the client for various reasons.

However there is certain rules acceptance of equipment and terms of warranty service. Accordingly, service center employees have certain instructions for accepting warranty equipment. To recognize a breakdown as a “warranty event”, both certain documents and compliance of the state of the equipment with certain criteria are required. And here situations may arise when the service center is released from warranty repair obligations.

The client must have a receipt or delivery note with the date of sale of the goods and a completed warranty card. However, according to the law, the absence of a warranty card is not a reason for denial of warranty. In theory, the main thing for a service center is to identify the product. Its employees can do this by serial number and find out whether a product with this number was produced at all, when it was manufactured and whether the warranty period has expired. Many companies do this.