Every motorist knows that the car sooner or later begins to "mope". In this case, they go to service center, give the car for repair, if the car is still under warranty, then the repair is performed free of charge.

Well, if the breakdown is minor, it is not very expensive for the dealer. Moreover, each seller strives to maintain his reputation. Therefore, it does not complicate the life of either himself or the owners of the car. No one wants to lose their credibility because of unnecessary disputes and problematic situations.

But again, this is the case in the presence of small breakdowns. What happens in a situation when an important component of the car, for example, the engine, fails. In this case, the procedure warranty repair It won't be as easy as you'd like.

When the owner of the car has a suspicion of an engine malfunction and he contacts the seller, the situation can develop in two ways:

• seller actions. Any dealer understands that engine repair is one of the most expensive warranty repairs. Therefore, when such a situation arises, he begins to make a lot of attempts to "get out" of such repairs. He will unobtrusively begin to shift the blame for the problems that have arisen onto the owner of the car himself. The main arguments are usually improper operation vehicle, poor fuel quality, untimely maintenance;

• Buyer actions. In this situation, the owner of the car, frightened by the inscription “checkengine” that suddenly appeared on the car panel, rushes to the service or to the dealer and requires an urgent replacement of the engine. And in some situations, the first requirement is not even to repair or replace the engine, but to replace the car completely.

The buyer has the right to return the car to the seller in the event that faults are found in the car within 15 days.

In addition, you can demand a refund if a serious breakdown is detected, if the service center exceeds the established warranty repair period (more than 45 days), and if the owner is unable to use his car for 30 days each warranty year.

Most owners begin to insist that the discovered flaw is significant. Still, the engine failed.

Note! If the problem with the engine manifested itself for the first time, and the cost of repairs will not exceed the price of the car itself, then the owner can only hope for a warranty repair of the car.

So, you have discovered problems with the engine and you need to return the car for warranty repairs.

What are your actions?

First of all, you need to collect all the documents that are required in a similar situation:

• Find your service book. It usually contains all cases of passing the technical inspection of the car. There is no need to prove to the dealer that you are entitled to a free repair, as he has all the necessary information about you and your car. In the event that you regularly passed the maintenance of the car, there should be no problems with the transfer of the car for warranty repairs;

• Missing a mandatory technical inspection, passing it in third-party organizations, additional equipment of the car can significantly reduce your chance of getting a free repair.

Documents provided after the repair of components under the warranty service agreement

So, you gave the car for repair and are waiting for it to be returned.

Important! Upon receipt of the car after the engine has been repaired, you should be given a decent package of documents:

• act of acceptance and transfer of the car or an application for repair. These documents indicate the date of transfer of the car, mileage, the reasons for contacting the service are described;
• diagnostic results. The act records all the identified malfunctions, the reasons for their occurrence, as well as the conclusion of the check, that is, whether this case is under warranty;
• work order for implementation repair work under warranty;
• a document that is a kind of report on the work done. The deed must indicate exact date transfer of the car to the owner.

These documents must be kept, as they may be useful to you in a situation where an engine defect again makes itself felt.

It is clear that a repeated engine failure after repair gives every reason to replace the machine.

At the same time, you can still receive some compensation, since in this situation the breakdown will most likely be recognized as significant.

When you hoped for a warranty repair of the engine, but you were refused, be sure to ask the seller for written confirmation of such a decision.

Thus, you will have the opportunity to resolve the disputed situation through the courts. This is where a written waiver may be needed.

Important! If you have a need to seek justice, that is, warranty repairs, then it is best to resort to the help of specialists.

The fact is that experienced lawyers who are well aware of the intricacies of cases related to warranty repairs will help you do everything right, in accordance with the norms of the law.

Warranty period of the repaired engine

When your car's engine has been tuned up, you should make sure that the service center gives you a certain warranty on the engine.

The fact is that the motor is subject to wear, and after overhaul it may break more often than before repair.

But if you have driven up to 15 thousand kilometers on a repaired car, breakdowns are unlikely to occur very often.

Typically, a repaired engine warranty is set not in years or months, but in kilometers.

In most cases, we are talking about 20-40 thousand kilometers.

Sometimes car repair specialists not only give a guarantee for the engine, but also offer to observe its operation. They invite owners to regular motor diagnostics.

If such a service has been provided, then a special mark is affixed in the documents on the inspection of the car by specialists.

Often workshops that give a guarantee for 100 thousand kilometers, most likely, simply deceive their customers. This is a long-established practice.

Hello Nikolay! According to Art. 18 of the Law on the Protection of Consumer Rights in relation to the goods, on which is installed guarantee period, salesman(manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods, unless he proves that they arose after the transfer of the goods to the consumer as a result of the consumer's violation of the rules for the use, storage or transportation of the goods, the actions of third parties or force majeure.

Thus, it is the Seller who is obliged to prove that the shortage of goods arose as a result of your violation of the rules for using the car. The seller must conduct an examination of the causes of the breakdown at his own expense.

The car is included in the list of technically complex goods, therefore, in case of detection of defects in it, YOU have the right to refuse to fulfill the contract of sale and demand a refund of the amount paid for such a product or demand its replacement with a product of the same brand (model, article) or for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such product to the consumer. After this period, these requirements are subject to satisfaction in one of the following cases:

Detection of a significant defect in the goods;
- violation of the terms established by this Law for the elimination of defects in the goods;
- the impossibility of using the product during each year of the warranty period in the aggregate for more than thirty days due to the repeated elimination of its various shortcomings.

In case of elimination of defects in the goods, the warranty period for it is extended for the period during which the goods were not used. The specified period is calculated from the day the consumer applied with a requirement to eliminate the defects of the goods until the day of its issuance upon completion of the repair. When issuing goods, the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) is obliged to provide in writing to the consumer information on the date of the consumer's request to eliminate the defects of the goods discovered by him, on the date of transfer of the goods by the consumer to eliminate the defects of the goods, on the date of elimination of the defects of the goods with their description, on the used spare parts (parts, materials) and on the date of issue of the goods to the consumer upon completion of the elimination of defects in the goods.

The term for eliminating defects in goods, determined in writing by agreement of the parties, may not exceed forty-five days.
If during the elimination of defects in the goods it becomes obvious that they will not be eliminated within the period specified by the agreement of the parties, the parties may conclude an agreement on a new period for the elimination of defects in the goods. At the same time, the absence of spare parts (parts, materials), equipment or similar reasons necessary to eliminate the shortcomings of the goods shall not be the basis for concluding an agreement on such a new period and shall not exempt from liability for violation of the period initially determined by agreement of the parties.

Service centers interpret the rules under which the warranty repair of a car falls, in different ways. For a speedy repair, it is useful to know your rights and obligations of the contractor.

Warranty and law

It is better for car owners to have all relations with those who sold the car to them: they are the ones who, according to the law, are “obligated” to the buyer. The service itself, from a legislative point of view, does not take warranty obligations for, therefore it is difficult to hold it accountable.

Under consumer protection law, automakers are required to keep their products running for as long as contractually or legally warranted. The treaty should repeat the legislative norms or improve them, but not vice versa.

The rules for car warranty repairs and conditions that deprive you of the right to such services can be found in the service book compiled by the car manufacturer. These terms and conditions for repairing a car under warranty differ from manufacturer to manufacturer.

Loss of the right to a free repair

Dealers cannot “withdraw from the guarantee”: it is not in their power to reduce the range of obligations assumed by manufacturers. However, in a particular case, a refusal to guarantee car repairs is possible for serious reasons. Until the free period has ended, the seller, service, dealership or other organization must fulfill their obligations for free repairs if they do not have a third-party expert opinion on the fault of the buyer or third parties (for example, due to an accident). In all other cases, the obligation applies to all parts under warranty, unless their normal wear and tear is proven.

Document flow

If malfunctions occur during the period of their free elimination, a written application must be submitted to the seller with their detailed description and demand immediate removal without compensation. You must leave a copy with a signature on receipt with the position of a representative of the center and its seal. Another copy can be sent by registered mail with notification. Repair terms warranty car are counted from the receipt of the appeal, and not from the moment when the master directly proceeds to troubleshoot.

When giving a car for repair under warranty, do not forget to get an acceptance certificate or a replacement document with a detailed description of its condition, signature and seal.

After returning from the service, they must issue a document with the dates of circulation, transfer of the vehicle, elimination of its shortcomings with their description, information on the replacement of parts, use of materials with the date of return from the service.

Upon receipt of the car, carefully inspect it. If external damage is found, enter them in the acceptance certificate or a document replacing it. Check all troubleshooting. If they appear while driving, ask for a test drive with a dealer. If a part, even not very significant ones, has not been eliminated, demand and only after that sign the act or work order.

When handing over the car for repair, you must obtain an acceptance certificate

Dates and periods

The first important period after the purchase of a vehicle is 15 days from its sale. At this time, you can not only demand the correction of detected defects, but exchange the car for another or demand it. Of course, if we are not talking about something very small, like a burnt out light bulb. parking lights. If something happens or is discovered after these 15 days, it is no longer legally possible to exchange. If the vehicle is not repaired within 45 days, the car owner must pay a penalty - 1% of its value per day of delay.

Dealers know all this. In order to avoid unpleasant consequences for the salon, they can talk about acceptance for repairs under the car warranty, and write down what was accepted for diagnostics. In addition, dealers can pull due to the lack of necessary spare parts. As a rule, they have spare parts for suspensions, stabilizer struts, shock absorbers, springs, and other frequently breaking parts and assemblies. But spare parts for engines or gearboxes (at least mechanical, at least automatic) are often not available in warehouses, because they are considered reliable and do not cause any special problems. If a dealer or an authorized service center does not have the necessary spare parts, they are received along the whole chain - from an order at a car factory and shipment. In addition, the center can be loaded with work.

Therefore, when handing over a car, it is important to make sure what the purpose of the transfer of the vehicle is listed in the documents. To do this, you need to write a claim in two copies with a detailed description of the reason for filing a request to eliminate the described free of charge. On one, you need to get a receipt on acceptance (seal is optional). If suddenly everyone categorically refuses to sign the paper, the vehicle can stay for 2-3 months “on diagnostics”, but no one will owe anything. Therefore, if no one signs the claim, it is better to return. If you had to pay for a tow truck, then a new claim should require damages with a copy of the receipts for paying for the tow truck services. The claim with the inventory must be sent to the seller by registered mail with acknowledgment of receipt. This can be evidence that the claim was in court.

Claims for car warranty repairs and other claims for the protection of the consumer rights of the car owner are filed at his location. Claims up to 1 million rubles are not subject to state duty, claims over 1 million rubles must include a requirement to reimburse both the cost of correction, as well as a penalty and compensation for causing moral harm.

Reasons for refusing free repair

Common reasons for failures include late or ignoring the first or any other maintenance at an authorized service center, any repair or maintenance outside of such service centers, violation or failure to follow instructions or violation of prohibitions, even theoretically fraught with a malfunction, installation of a part or equipment that is not certified manufacturers, traffic accidents, damage by natural disasters, illegal actions of third parties, in which components, assemblies or the entire machine were disabled, operation in difficult climatic conditions. For example, in case of high humidity, flooded roads, etc. The pledge of loyalty of the dealership when demanding the fulfillment of its obligations is the passage of maintenance during the planned periods specified in the service book.

How to deal with rejection?

If the warranty repair of the car was refused, you can start with a claim to the management of the service center. If it does not help, you can write to the distributor who is fully responsible for the quality of customer service. The next instance is the manufacturing plant, for which reputation is important. Although factory lawyers can redirect the claim to a lower organization, that is, a dealer.

Car clubs and car communities such as car forums can have a big impact on dealer disputes. Even more salons are afraid of the media. If you see a clear violation of your rights and / or a low level of service, etc., nothing prevents you from writing to forums, sites that collect reviews about various companies, first notifying the dealer (perhaps this will be enough, you won’t have to write anything).

Owner's rights

If a deadline is not set by the agreement, everything must be eliminated in the minimum time necessary for this. When accepting a car, dealers (car services) can indicate in small print a period of 45 days. This must be crossed out and required to be written that it will be done in accordance with Art. 20 of the Federal Law of the Russian Federation on STD, that is, immediately. If it is established for more than 45 days, the agreement will not be valid, as contrary to Art. 16 of the same law (conditions of contracts that are contrary to law are considered invalid). The same art. 20 says that the lack of spare parts and the like cannot serve as a basis for delaying the repair of the car. If the seller is an authorized organization that has the ability to provide warranty services, he can set a period of 45 days in advance in the sales contract. This will be valid if the vehicle is repaired free of charge by the seller and not by another official dealer.

If the seller failed to cope within 45 days, the buyer can demand not only a penalty, but also a refund or an exchange of the car. The claim must indicate that the requirement for troubleshooting has not been met, therefore, according to Art. 18 of the RFP, a new one is put forward. The seller will have 10 days to return the money or 21 days to exchange. If you correctly file a claim, the likelihood of eliminating deficiencies in the prescribed 45 days can increase many times over.

The buyer has the right to get his money back if the identified defect or malfunction is “significant”. "Materiality" must be recognized by the seller, however it is determined automatically if they recur after elimination. In addition, they are required to return the money if the car was repaired for more than 30 days every year during the warranty period.

The list of components and assemblies of the machine that can be repaired free of charge is also limited. They do not include, for example, candles, lamps, other Consumables. The older the vehicle, the more mechanisms and assemblies lose the right to free repair: the terms here differ for different components and parts.

The warranty is extended for the entire time when the machine was not used, that is, for the period of elimination of defects. The extension is calculated from the time of the appeal with the requirement to eliminate the malfunctions until the car is returned to the consumer.

According to paragraph 7 of Art. 18 of the Federal Law on RFP, the delivery of large-sized and weighing more than 5 kg goods to the seller for repair under warranty must be provided by and at the expense of the seller. The car owner can deliver the car himself and get a refund of the tow truck payment in a pre-trial order.

It happens that motorists are offered to first undergo a paid diagnostics. This is illegal: no one has the right to impose paid services. The Vehicle Warranty Law requires dealers to carry out free check quality.

The car owner does not have the right to issue a “replacement” vehicle for the period of repair: the cars are included in the corresponding list of goods to which this possibility does not apply.

Therefore, issuing a car after a repair without the relevant documents containing the above information is illegal. If, after repairing the car, its owner is not given Required documents, it is advisable to refuse to receive it. In this case, the end of the repair period is the day of the actual issuance of the car. In addition, if the data on the terms of the repair in the documents on the warranty repair of the car do not coincide with the actual ones, it is necessary to require the provision of documents that correspond to reality. Return (replacement) of a low-quality car By virtue of the provisions of Part 1 of Article 18 of the Law, the return (replacement) of a car is possible in the following cases: 1) The presence of a significant defect in the car.

Consumer rights in car warranty repair

Attention

But if both sides insisted on checking, then they should share the costs equally;

• Submitting its spare parts and materials for repair, the service station is responsible for their quality.

The rights of the owner of a car when repairing vehicles in a car service So, you, as a consumer, have the right to provide you with car repair services, as well as demand that the deadlines be met. But besides this, you can also exercise other consumer rights. You can:

• Control the progress of repair work (you must not interfere in the process itself);

• Terminate the contract with the service station.

But at the same time, you are obliged to pay for all work performed.

Warranty period for car service

Often, the service center prescribes in the application for repair a clause on the extension of the repair period in the absence of spare parts. Do not sign such documents! Any attempts by a car dealership (service center) to delay the repair of a car, referring to difficulties with spare parts or other similar reasons, are illegal and are a gross violation of the provisions of part 1 of article 20 of the Law. Exceeding the specified period entails the responsibility of the seller (manufacturer, importer, authorized person) in the form of a penalty, the amount of which is 1% of the car price for each day of delay, up to the termination of the sales contract.
Repair completed. We accept the car and get the documents! When accepting a car from a service center, you should carefully inspect it and check the vehicle's performance before signing a car acceptance document.

Responsibilities for the quality of repairs and warranties

If the seller fails to fulfill his obligation for any reason, the owner of the car has the right to demand compensation for the costs associated with the delivery of the car to a car dealership or service center. Together with the car, it is also necessary to transfer the documents available for it to the service center: service book, technical passport, etc. When handing over the car for warranty repairs, you need to follow correct design documents.
At the time of the transfer of the vehicle, the car owner must be issued a document confirming the transfer of the car and containing information about the date of the consumer's request, about the shortcomings declared by the consumer, in particular, this may be an order-order and other similar document. It is desirable that this document should describe appearance of the car and all existing damages are indicated, and even better, take additional photos.

403 - access denied

Important

You need to know that in the event of a warranty repair of a car, the warranty period for it is extended for the entire period during which the car was not actually used. The specified period is calculated from the date of the consumer's request to eliminate the shortcomings of the car until the day the car is returned to the consumer. Unfortunately, the consumer does not have the right to demand the issuance of a "replacement" car for the period of repair, since the cars are included in the approved Decree of the Government of the Russian Federation of 01/19/1998 No.

No. 55 "List of durable goods that are not subject to the buyer's requirement to provide him free of charge for the period of repair or replacement of a similar product."

Information library on consumer protection

This must be done in the presence of an employee of the service center or car dealership. The most frequent violation of car dealerships and service centers is the refusal to issue documents on warranty repairs. You should be aware that when issuing a car after repair, the consumer is required to provide a document (a certificate of acceptance and transfer of work performed or another similar document) containing the following information about: 1) the date the consumer applied for a warranty repair; 2) the date the car was handed over for warranty repairs; 3) the date of the repair work with their description; 4) used spare parts (parts, materials); 5) date of issue of the vehicle to the consumer upon completion of the repair.

This requirement is enshrined in Part 3 of Article 20 of the Law.
The claim should describe in detail, for example, when and under what circumstances the consumer contacted the service center for warranty repairs, attach copies of all supporting documents he has (applications for work, work orders, receipts, etc.). The claim is either sent to the seller by Russian post by registered mail with a notification and a description of the attachment, or handed over personally at the seller's office with a mark of acceptance of the document. If the owner of the car does not receive a response from the seller to his claim or receives a refusal to satisfy the stated requirements, then he has the right to file a claim with the court.
In this case, he can demand not only, for example, the termination of the sales contract and the return of the money paid, but also the payment of a penalty, compensation for losses incurred, as well as compensation for non-pecuniary damage.
Requirements for steering: the change in effort on the steering wheel rim when turning the steered wheels in any direction should occur smoothly, without jerks and jamming in the steering mechanism, and total backlash in steering should not exceed the limit values ​​of GOST 25478; the maximum angle of rotation should only be limited by devices by design car; the presence and installation in the steering of parts with traces of residual deformation, cracks and other defects is not allowed; wheel must not have axial play; loosening of the fastening of the ball pins of the steering rods and the absence of cotter pins is not allowed; loosening of the nuts for fastening the tie rod ends is not allowed. 1.12.

Warranty for car engine repairs in a car service according to the law

Appeal ruling of the St. Petersburg City Court dated July 31, 2013, case No. 33-113778). We resolve the dispute The conflict between the car owner and the seller arises for various reasons. Often, a car dealership refuses warranty repairs, stating that the malfunction claimed by the consumer in the car is not warranty case: poor quality of gasoline, etc.

Info

As a result, the consumer is offered to make repairs at the expense of the buyer. Also one of common causes The dispute is the unwillingness of the car dealership to recognize the presence of a significant defect in the car and return the money for the car (make a replacement). In this case, the consumer needs to draw up a claim based on the above provisions of the law and send it to the seller.

This document is provided for the settlement of a legal dispute at the pre-trial stage.
In case of revealing significant shortcomings of the work (service), the consumer has the right to present the contractor with a demand for the free elimination of shortcomings, if he proves that the shortcomings arose before he accepted the result of the work (service) or for reasons that arose before that moment. This requirement may be brought if such defects are discovered after two years (five years in respect of real estate) from the date of acceptance of the result of the work (service), but within the service life established for the result of the work (service) or within ten years from the date of acceptance of the result of the work (service) by the consumer, if the service life is not set.

Many motorists are faced with the need to carry out one or another repair under warranty. Most often, there are no problems with this - and the dealer takes the car to his station Maintenance and then returned to the owner in good condition.

According to statistics, in most cases we are talking about minor breakdowns.

Of course dealership is interested in a good reputation, and it is more profitable for him to meekly carry out a small car repair “at his own expense” than, trying to “take out” extra money from a client, pass for a fraudster and lose new customers, which means much more money.
Things are somewhat different when something expensive, for example, an engine, has failed in a car.
There are often two main approaches here:
On the part of the seller - the desire by hook or by crook to shift the responsibility to the car owner: they say, he “fed” the wrong gasoline, did not change the oil on time, operated in difficult modes - all in deserts and swamps.
On the other hand, the buyer, seeing the warning lamp " check engine” or when they hear that the engine has begun to “troit”, they become numb with horror, stop thinking adequately and require the seller to immediately replace the faulty engine, sometimes the car itself.

What documents will be needed?

But the list of documents that must be provided to you after the warranty repair of the car engine is more extensive.

You should have in your hands:

1. acceptance certificate or application for repair indicating the date, mileage, reason for contacting
2. a diagnostic report with a description of the malfunction, its cause and conclusion - is this a warranty case
3. work order for warranty repairs
4. an act of work performed indicating the exact actual date of issue of the car to you.

All these documents - in the event of a defect in the future - will serve as a basis for you to demand this time the replacement of the car itself with all the compensation due, since the newly manifested defect acquires the status of "essential".

If for one reason or another you were denied warranty repair of the engine, require written confirmation of the refusal. If you do not agree with the refusal, you may have to decide the issue in court. The court will operate with the documents you have, and "words cannot be sewn to the case."

In any case, if you have friction with the dealer regarding warranty car repairs in general and engine repairs in particular, it will not be superfluous to enlist the support of legal professionals. Contact us - and experienced auto lawyers will help you protect your consumer rights guaranteed by law.