Service centers: tricks and tricks with a “guarantee”. Warranty
Hello Igor!
If you have a paid repair, you have entered into an agreement with the contractor for the provision of services. According to Art. 28 of the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 N 2300-1:
1.If the performer violated the deadlines performance of work (provision of services) - start dates and (or) completion of work(provision of a service) and (or) intermediate deadlines for the completion of work (provision of a service) or during the performance of work (provision of a service) it became obvious that it would not be completed on time, consumer according to your choice has the right:
assign a new term to the executor;
entrust the performance of work (provision of services) to third parties for a reasonable price or perform it on their own and demand compensation from the contractor for expenses incurred;
demand a reduction in the price for performing work (providing a service);
refuse to fulfill the contract for the performance of work (provision of services).
The consumer also has the right to demand full compensation for losses caused to him in connection with violation of the deadlines for completing the work (rendering the service). Losses are compensated within the time limits established to satisfy the relevant consumer requirements.
2. New deadlines for the completion of work (provision of services) assigned by the consumer are indicated in the contract for the performance of work (provision of services).
If the new deadlines are missed, the consumer has the right to present to the contractor other demands established by paragraph 1 of this article.
3. The price of the work performed (service rendered), returned to the consumer upon refusal to fulfill the contract for the work performed (service rendered), and also 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.
4. In case of refusal to execute a contract for the performance of work (provision of a service), the contractor has no right to demand reimbursement of his expenses incurred in the process of performing the work (provision of a service), as well as payment for the work performed (service provided), except if the consumer accepted work performed (service provided).
5. In case of violation of the established deadlines for completing work(provision of services) or new deadlines assigned by the consumer on the basis of paragraph 1 of this article the contractor pays the consumer for each day(hour, if the period is specified in hours) late fees (fine) in the amount of three percent of the cost of performing the work (provision of services), and if the price for performing work (providing services) is not determined by the contract for performing work (providing services) - the total price of the order. An agreement on the performance of work (provision of services) between the consumer and the contractor may establish a higher amount of the penalty (penalty).
A penalty (penalty) for violation of the deadline for the start of work (provision of a service), its stage is collected for each day (hour, if the period is defined in hours) of delay until the start of the work (provision of a service), its stage or the consumer submits the requirements provided for in paragraph 1 of this article.
A penalty (penalty) for violation of the deadlines for completing the work (rendering a service), its stage is collected for each day (hour, if the period is defined in hours) of delay until the completion of the work (rendering the service), its stage or the consumer submits the requirements provided for in paragraph 1 of this article.
The amount of the penalty (penalty) collected by the consumer cannot exceed the price of a separate type of work (provision of a service) or the total price of the order, if the price of a separate type of work (provision of a service) is not determined by the contract for the performance of work (provision of a service).
The amount of the penalty (penalty) is determined based on the price of performing the work (providing the service), and if the specified price is not determined, based on the total price of the order that existed in the place where the consumer’s requirement should have been satisfied by the contractor on the day of voluntary satisfaction of such requirement or on the day of delivery court decision, if the consumer’s request was not voluntarily satisfied.
6. The consumer’s requirements established by paragraph 1 of this article are not subject to satisfaction if the contractor proves that the violation of the deadlines for completing the work (rendering the service) occurred due to force majeure or the fault of the consumer.
Thus, you need to contact the contractor with a claim in which you reflect your requirement. Hand the claim to the contractor against signature or send it by mail by registered mail with notification of delivery.
My actions? Can I demand payment of a penalty?
In the Claim, you have the right to demand a penalty, in accordance with the Law.
If your request is not satisfied, you have the right to go to court.
Sincerely, Nadezhda.
Any equipment fails sooner or later. You are considered lucky if the breakdown occurs while the warranty period has not yet expired. But in practice, service centers are in no hurry to repair equipment even under warranty. Why does this happen and what to do in such a situation?
In the 1990s. Foreign equipment began to appear on our market. In those days, there were not so many workshops ready to take on the repair of the same Sony. And if the equipment failed, it was, as a rule, either thrown away or left “until better times.” Now the situation has changed radically: almost every large store selling equipment has its own service workshop. Manufacturers are also trying to expand the network of their authorized service centers. Therefore, there should be no problems with warranty repairs. However, very often consumers complain that service centers refuse to recognize the case as covered by warranty and offer to fix the problem for money. Let's figure out why this happens and what to do if service center refuses warranty repairs.
Why does this happen
Let's say the camera you recently purchased is broken. The warranty period has not yet expired. According to the Consumer Protection Law, you can demand free removal of defects, exchange the product for the same one, but only a working one, or a refund. As a rule, if you contact the seller with a demand to exchange the product or return the money, he will send you to the service center to repair the broken item, although he does not have the right to force repairs (we’ll talk about this below). Actually, the seller’s desire is not difficult to understand: if he exchanges the goods or returns your money, then he himself will have to deal with the manufacturer and seek a refund for the defective item. Thus, stores are trying to get rid of conflicts with the supplier at your expense.
Manufacturers and suppliers of equipment usually do not have their own service centers: opening them is expensive and unprofitable, so suppliers enter into contracts with existing service centers. This process is called authorization. Accordingly, the phrase “authorized service center” means that the manufacturer has entered into an agreement with this service center, thereby officially confirming that this center can repair the products of this manufacturer and bears full responsibility for this.
According to the contract, the device under warranty must be repaired by an authorized service center (including purchasing all necessary parts) at its own expense. And the manufacturer, for example, once a month compensates the service center for all costs and pays for repair services. But this does not always happen: as soon as the manufacturer suspects that the case was not covered by warranty, the workshop will not receive a penny for the repair. On average, the manufacturer does not pay for up to 5% of all work, and for some items – up to 10 %.
This is the first reason why service centers do not want to undertake warranty repairs of equipment: there is a possibility that they will not be paid for this work and they will remain at a loss.
The second reason is that repairing under warranty is not profitable for the service center. After all, according to the contract, he must provide the supplier with a substantial discount when paying for warranty repairs. For some groups of goods, this discount can reach 75% of the cost of repairs. Agree, it is not very profitable to receive only 25%. And taking into account the fact that the average profitability of a service workshop is about 3%, performing repairs only under warranty will inevitably entail losses.
For these reasons, the workshops are trying their best to prove to you that your case is not under warranty and repairs are possible only at your expense. Then the service center will receive “real” money for work and spare parts, and will not wait for the manufacturer to pay for the repairs (whether they will pay at all and how much is another question).
As a rule, prices for non-warranty repairs can be compared with the cost of the product itself: workshops compensate for their costs associated with warranty repairs (discounts to the manufacturer, refusal to pay for repairs, etc.), increasing prices two to three times. In addition, spare parts supplied by the manufacturer are very expensive. As a result, a new refrigerator will cost two times less than all the parts from which it is made, taken separately. It is clear what the manufacturer’s goal is: there is no need to repair the old - you need to buy a new one.
What to do
It's better not to get involved with warranty repairs. For the reasons described above, it is not profitable for the service center to perform such work, so by hook or by crook it will try to prove that your case is not covered by warranty.
So, if the TV broke during the warranty period through no fault of yours, then according to Art. 18 of the PZPP you have the right to demand from the seller:
■ replacing the product with a product of the same brand;
■ replacing a product with a product of a different brand with an additional payment;
■ reducing the price of a product;
■ free product repair;
■ refund.
If the seller refuses to return your money or exchange the product for another and sends you to a service workshop (and you don’t want to repair it, you need money), then know: he is doing it illegally.
You need to set out your requirements in a written complaint, referring to Art. 18 ZPPP (read more about this in the chapter “How to return defective goods to the store”). Be sure to sign the second copy from the seller. If he does not accept the claim, send it by registered mail with a list of attachments and acknowledgment of delivery. Within 10 days, the seller is obliged to independently conduct an examination and find out what happened to the goods. After this period, he must either return the money to you or justify his refusal. Remember that for each day of delay you have the right to a penalty in the amount of 1% of the cost of the goods (Articles 22 and 23 of the Labor Code).
If the seller does not respond to your claim, contact the local branch of Rospotrebnadzor or directly to the court. The store will be punished for non-compliance with the Consumer Protection Law and will be required to fulfill your requirements. However, the case rarely goes to court: the store returns the money.
Many fear that before the examination, the seller may intentionally damage the goods, thereby turning the case into a non-warranty case. Then the store will get rid of the need to return money or exchange the product for another, since the damage was allegedly caused by the buyer.
To prevent this from happening, I recommend that even before going to the store with a claim, you independently contact an independent workshop, which is a disinterested party, so that it can carry out an examination of the product. A free examination can be carried out by an authorized service center. When handing over the device, you must write on the receipt that you refuse repairs and want an inspection to be carried out and the cause of the malfunction determined. The authorized service center has no right to refuse such a request. I note that the inspection period is not established by law and is determined by an agreement between you and the workshop.
In addition, according to paragraph 5 of Art. 18 of the PZPP, the consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such examination in court. Therefore, you can request your presence during the examination by the seller or its service center.
But what if you decide to take the device to a workshop for warranty repair?
Before handing over the device, be sure to make sure that all abrasions and scratches are recorded on the receipt, so that later it does not “suddenly” turn out that there was a crack in the case and the case turned out to be out of warranty.
Demand that all visible damage be included on the receipt, rather than simply stating “used.”
If the receipt does not indicate the deadlines for completing the work, then in accordance with paragraph 1 of Art. 20, ZPP repair must be carried out immediately. You can write an additional statement indicating the period within which the repairs must be made (for example, 10 days).
If in specified period the repair is not completed, then you have the right to refuse it, pick up the device from the workshop and demand that the seller return your money, or not pick up the device, but demand that the service center pay you a penalty in the amount of 1% of the cost of the goods for each day of delay ( Art. 23 of the Law of the Russian Federation). At the same time, according to paragraph 1 of Art. 20 of the Labor Code, the absence of spare parts is not a basis for extending the repair period and does not relieve the service center from liability for violating this period.
In addition, the general warranty period is extended by the period during which the product was under repair (Clause 3, Article 20 of the Law of the Russian Federation).
According to paragraph 2 of Art. 20 of the Labor Code for the period of repair, you can demand that the workshop or seller provide you with a similar product for use free of charge. To do this, you need to fill out an application, which must be signed by an employee of the workshop or store. Your request must be satisfied within three days. However, the provision of this paragraph of the law does not apply to the following goods:
■ cars, motorcycles and other types of motor vehicles, trailers and numbered units for them, except for goods intended for use by disabled people, pleasure craft and watercraft;
■ furniture;
■ electrical appliances, used as toilet items and in medical purposes(electric shavers, electric hair dryers, electric hair curlers, medical electric reflectors, electric heating pads, electric bandages, electric blankets, electric blankets);
■ electrical appliances used for heat treatment products and food preparation (household microwave ovens, electric ovens, toasters, electric boilers, electric kettles, electric heaters, etc.);
■ civilian weapons, the main parts of civilian and service firearms.
Recently, a friend of mine bought himself a new mobile phone. When purchasing, I checked its operation as far as possible. But already at home it turned out that the phone turned off spontaneously during operation. In general, a malfunction was discovered. The next day, my friend took the phone back to the store.
The store told him that a mobile phone is a “technically complex” product, and that regarding any deficiencies identified, he must first contact the service center. The service center carried out diagnostics for two days. We found out that a “non-working battery” was to blame. But it turned out that the battery is not included in the warranty. As a result, my friend had to buy a new battery. The phone is working fine now. But how much time and extra money did the buyer have to spend to make this happen? Are the actions of the seller and the service center legal? Let's figure it out. Let me start right away with the fact that a mobile phone is indeed a technically complex product. It cannot be returned to the store or to the manufacturer, for example, because you did not like the color or shape. But if a technically complex product turns out to be faulty, then according to the law “On the Protection of Consumer Rights” (Article 18), the buyer has the right to demand a refund or exchange from the seller within 15 days after purchasing such a product. I myself called the company that sold my friend a faulty phone and asked them how they viewed Article 18 of the Law “On Protection of Consumer Rights”. They answered that they looked good, but they needed proof that the malfunction was not my fault, and they sent me to the service center. I decided to consult the Consumer Rights Protection Society. I called there and described the situation. And there they told me that the seller’s refusal to accept a defective product within 15 days from the date of delivery of the product to the buyer is unlawful. And that the store is obliged to accept the phone back without a conclusion from the service center. So, what should you do if the sales manager at the store refuses to take it back from you? faulty product? Request a manager or administrative representative. If they also refuse to exercise your right to return the faulty product, calmly file a lawsuit. Please note that the seller may refer to Article 475 of the Civil Code of the Russian Federation, where it is written: “p. 1. If the defects of the goods were not specified by the seller, the buyer to whom the goods of inadequate quality were transferred has the right, at his choice, to demand from the seller:
- proportionate reduction in the purchase price;
- free elimination of product defects within a reasonable time;
- reimbursement of their expenses for eliminating product defects.”
- refuse to fulfill the purchase and sale agreement and demand the return of the amount of money paid for the goods;
- demand the replacement of goods of inadequate quality with goods that comply with the contract.”
I sent my mobile phone to the service center 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 volume buttons on the phone 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 right 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.
Not all modern household appliances are reliable. What to do if the purchase refused to work from the first weeks, problems were discovered much later, and the faulty product cannot be returned/exchanged because it is included in list No. 575, or the selling company no longer exists? In these cases, service center (SC) specialists come to the rescue.
Choose me
Service centers are either regular or authorized (ASC). The ASC may have an agreement with the manufacturer or its representative in Russia, which pays the SC for repair work. If the warranty period of the broken equipment has not yet expired, there is a direct route to the ASC.
In an authorized service center, your equipment with a valid manufacturer’s warranty should be repaired free of charge, using only branded spare parts and components, if the defect is not your fault. However, repair times here are often delayed.
Parts are usually delivered from abroad - few manufacturers have spare parts warehouses in Russia. Add time for various diagnostics and examinations necessary to recognize the case as covered by warranty. So it turns out that equipment sent to the ASC for troubleshooting can stay there for a long time longer than the deadline established for this purpose by law.
Remember that in case of violation, written certain period you have the right to claim your equipment in its current (defective) condition and file a claim with the seller for a refund, because In this case, the deficiency becomes significant, which cannot be eliminated without disproportionate expenses or time.
It is much easier to work in ordinary unauthorized service centers. Here, any malfunction will be eliminated as quickly as possible, but only for money. The disadvantages include the frequent lack of original spare parts and the use of repair methods that contradict the manufacturer’s service bulletins.
There is also a third category of service centers - service centers, which are also not authorized by product manufacturers, but can provide free warranty service for equipment under agreements with sellers. For example, service centers at some online stores or retail outlets, which establish their own guarantee on the goods sold. As a rule, this approach is applied to equipment illegally imported into the territory of the Russian Federation, and it is not covered by the manufacturer’s warranty, but it also costs a little less than officially supplied equipment.
Attention! Warranty card
The most important document for household appliances is a warranty card. It indicates the warranty period for the product established by the manufacturer. Sometimes stores can set their own warranty period in the absence of a warranty from the manufacturer. Remember, according to the Consumer Protection Law, it cannot be less than that established by the manufacturer!
The warranty card is filled out in the store after the buyer has inspected the product.
It must be correct and clear 
indicated: model, serial number of the product, date of sale, seal of the selling company, signature of the buyer. The coupon must be kept throughout the entire warranty period. After all, only upon presentation of it can your equipment count on free repairs.
Quite often, the warranty card contains the addresses and telephone numbers of authorized service centers to which the manufacturer has entrusted the right to provide warranty service for the product it produces. Or this information can be found directly in the store.
Believe what is written
When getting your equipment repaired, be on the lookout! At the ASC you will be asked to present a warranty card and cash receipt for the purchase of goods. You should carefully read the documents that you sign when communicating with a service center representative. They should record: the malfunctions you claim, a description appearance goods, and the deadlines for completing the work can also be determined.
By law, repairs must be carried out within the minimum period objectively necessary to eliminate them, taking into account the method usually used. However, service centers, depending on their capabilities, set their own deadlines. If it is not determined in writing, your equipment may “lie on sick leave” for as long as desired.
In addition, according to paragraph 3 of Article 20 of the Law on the Protection of Consumer Rights, “If the defects of the product are eliminated, the warranty period for it is extended for the period during which the product was not used. Specified period is calculated from the day the consumer applies with a request to eliminate defects in the product until the day it is issued upon completion of the repair.” When picking up equipment from repair, do not forget about the receipt, which should indicate what spare parts were used for repair and the terms of acceptance and delivery from the service center. It happened that the craftsmen did not even bother to indicate the model of the product, after which the equipment was deprived of the warranty period.
The agreed period has expired
What to do if the established repair period has come to an end, and the service center is in no hurry to return the product for repair? The Consumer Protection Law offers two options for dealing with the situation. The first is, in accordance with Article 23 of the Law of the Russian Federation, to present a demand for payment of a penalty for violating the deadline for eliminating defects in the goods, agreed in writing - 1% of the cost of the goods per day, starting from the day the claim is served until the day the repaired goods are returned.
However, as mentioned above, the ASC may not necessarily have concluded an agreement with the manufacturer, and then, based on the preamble of the PZPP, it is not an authorized organization and cannot be held liable under Art. 23. The second is to pick up the equipment and demand a certificate about the length of time it was in service. In this case, the seller is obliged to return your money for the faulty product, but at the same time he retains the right to conduct his own examination.