Dealers regularly "take hostage" the warranty on new car mobile, threatening to refuse to replace problematic units if the client tries to break out of their networks.

Russians who buy new cars, for several years after purchasing the car, are forced to undergo regular Maintenance exclusively from an authorized dealer. Often, car owners have to endure queues and rudeness of service employees, overpay for expendable materials. In pursuit of revenue, the officials are ready to weld on the inattention of the client. And if there are disagreements, they threaten problems with warranty repairs. Life figured out how to break out of the networks of officials.

Many buyers notice the same feature of Russian car dealers: as soon as a person buys a car, polite conversations with him stop. And at the next visit to the station for technical inspection, the client strives to slip unnecessary services or deceive.

For a long time, dealers have not let car owners into the repair zone, citing safety precautions. Often, consumables (pads, filters, working fluids, etc.) are changed only in words and on a check that the servicemen present for payment. And those materials that were supposed to go for a scheduled inspection, the shift sells for its own benefit. This is the story of Yulia, who turned to the Nissan dealership for the next maintenance of the Qashqai car.

Of course, I am not a professional and do not understand cars, but even I can understand that the wheels, which had a slight coating of dust, after being removed to replace the pads, had to be either washed or with traces of the hands of a mechanic. I brought the car clean, apparently, that’s why they didn’t wash it when they drove it into the service, but there was country dust on the wheels, ”says Yulia.

According to her, after the completion of maintenance, the check indicated that the pads were replaced. Automotive forums are full of stories about how people did not change the oil, antifreeze, or supposedly filled with brake fluid above the maximum allowable volume.

Experienced craftsmen immediately see whether it is possible to weld on the client. For example, women who have recently been driving and older men are the most "sweet" contingent. So, you can write off some spare parts, but they cost money. For example, oil filter with a run of up to 30 thousand km, we changed very rarely. Regulation on brake fluid- about 60 thousand km. We often just added liquid to the tank, the rest went for sale. The client will not notice the difference anyway, - says Alexander, who has worked in the service center of one of the capital's dealers for ten years.

Some car owners ask for removed parts, but this is not a panacea for thieving mechanics. They can be given a similar spare part from any other car.

Once, without waiting for the next scheduled maintenance, I independently changed air filter engine, after which he went to an authorized dealer for a full service. Left the car. A few hours later, the phone rang, saying that everything is ready, only the air filter needs to be urgently changed, its service life is over, it is covered in mud. The impudence of the employees of the service station, of course, struck me. I knew that they are scamming customers, but to be so clumsy is nonsense! - says automobile lawyer Sergei Radko.

There is a common misconception that if a person has always visited an official service on time, then under warranty they should change any failed parts. This is not the case, some items are not covered by the factory warranty. Their list can be found in the service book, and for each model it is individual. Another thing is that the dealer sometimes adds spare parts to this register on his own, taking advantage of the client's ignorance.

Often, automakers add fuel to the fire. For example, Kia is not responsible for the tires that are fitted to its vehicles. In the event of their marriage, the motorist must independently sue the rubber manufacturer. But the real problems for motorists begin when any marriage is opened, and the dealer is forced to change the unit, while spending free works. Very often, the service reports that an examination is needed to find out the causes of problems, but the client is not warned that the examination is paid.

In my practice, there was a case when a car burned out due to a short circuit engine compartment. The owner of the car filed a claim with the dealer, expecting payment for the burned-out car. However, an examination ordered by the dealer showed that the short circuit was due to additional equipment under the hood, which the owner of the car installed himself. As a result, he had to pay the dealer money for the examination - about 100 thousand rubles, - says Radko.

Another dealer trick is the so-called overrun. For example, the first maintenance is scheduled for the car to reach 10,000 km. A person must definitely come to this mark, otherwise the dealer will refuse to warranty service. This condition is discussed in the contract, but few car owners know about it.

It is necessary to calculate TO in such a way as to avoid overrun. If a dozen kilometers are left before the fatal figure, and there is still a week before the visit to the official, it is better to park the car and not drive it, advises Sergei Radko.

Naturally, the dealer's position on this issue can be challenged. With the help of expertise, the client is able to prove that the properties engine oil did not change in any way due to a couple of extra kilometers, nor did it affect the engine in any way.

Farewell to the official

Increasingly, motorists are switching to third-party services. In addition to requisitions, they are not satisfied with the prices. For example, the first maintenance (carried out with a run of 15 thousand km) for Hyundai car Solaris from an authorized dealer will cost 9.3 thousand rubles. A similar set of works in a car service not authorized by the distributor, but specializing in repairs Korean cars, will cost 4.8 thousand rubles. This is a serious argument, and dealers threaten to remove the car from the guarantee in case of refusal of their services. However, these claims are unfounded.

From the point of view of the law of requirements official dealers to pass MOT only at them is unfair. There is no such thing as voiding a warranty. There is a non-compliance with the terms of the contract, which still needs to be proven. According to Article 16 of the Consumer Protection Law, it is prohibited to link the purchase of certain goods and services with the mandatory purchase of other goods and services. This means that the dealer does not have the right to blackmail with the removal of the warranty. According to the law, the consumer is free to choose a car service, - says Anton Nedzvetsky, head of the Society of Consumers of Automotive Equipment of Russia.

According to the lawyer, the 18th article of the Law "On Protection of Consumer Rights" states that the manufacturer or seller is responsible for the shortcomings of the goods if it is not proven that they arose as a result of a violation of the rules of use or the actions of third parties. This is the only reason a dealer can refuse a warranty repair.

For example, according to the regulations, a person changed the oil on his own in a third-party service, and after a while the engine broke down. The dealer has no right to refuse to replace the motor or repair it, unless it proves that the malfunction is related to low-quality oil or the poor work of the craftsmen who changed it. At the same time, the motorist also has the right to turn to an independent examination. This is even more so in cases where, for example, steering, which was not touched in a third-party service.

Automakers confirm that the right to remove a car from a warranty is not in the dealer's jurisdiction.

The customer cannot void the warranty. The obligation of the manufacturer is to eliminate defects of industrial origin free of charge. However, in the event that a causal relationship is identified between the maintenance carried out in a third-party service (or independently) and a malfunction that has arisen in the car that is not of factory origin, the elimination of this particular malfunction and the consequences caused by it will not be covered by the manufacturer’s warranty, the press-explained Attache of the Russian office of Renault Anna Gemish.

However, in the dealer community for supporters of independent maintenance, the prospects are not bright.

As for maintaining a car warranty, if a person has repaired a car that is under warranty, on their own or in an unauthorized service, they may be denied warranty repairs. It depends on the policy of the importer and is decided on an individual basis. Even if the car owner ordered an examination, which established that the breakdown was in no way related to repairs on the side, it is not a fact that this examination was objective. Each such case is considered separately, - said Vladimir Mozhenkov, President of the Association of Russian Car Dealers.

Lawyers warn that refusal of service from an authorized dealer and likely warranty repair sometimes associated with going to court. And you must first decide whether you are ready for this.

In the vast majority of cases, dealers will deny warranty repairs simply on the basis that the person has had the vehicle serviced elsewhere, without going into specifics. Customers are forced to order an examination, provide documents and certificates of conformity for used auto components in order to prove that the breakdown is in no way related to the work of a third-party service. If the examination confirms this, the dealer will pay for both the warranty repair and the examination, - says Sergei Radko.

So the warranty is over. The owner of the car now has to decide whether to continue visiting the officials or to opt for a cheaper, possibly closer to home or work car service. But here it should be taken into account that any car will someday have to be sold, and the future buyer is much more willing to purchase a car that has been serviced in a company service, with a so-called transparent service history. Alternatively, you can only order an engine oil change from the officials - even such a mark in the service book will significantly increase the credibility of the car. After all, at the same time, its mileage is fixed. If you have a modern and technical complicated car, it makes sense to carry out diagnostics of the chassis and check it with a dealer scanner in the same place. But where to eliminate the detected shortcomings - it's up to you.

In order not to make a mistake with the choice of a regular (unofficial) service, you should first listen to the opinions of the participants in thematic forums, ask neighbors and friends of the same brand who already had service experience at a particular service station. In the case of a complex repair, it is best to choose not a multi-brand service, but one that specializes in cars of one or more related brands.

With maintenance, everything is simple: first, read our recommendations for visiting the official - they all remain valid. In addition, it is important to correctly place an order-work order. If you are not strong in the technical part, ask the master to fix the problem itself, because of which you turned to the service: knocking, vibrations, smell or extraneous sound that occurs during the operation of the car. Most importantly, do not specify a specific operation to replace or repair any part that you think will fix the problem.

Let me explain with an example. Suppose your engine overheats, that is, from expansion tank liquid is ejected and steam is released. Yard or garage "specialists" will immediately make a diagnosis: "Yes, you have a gasket under the block head broken!" You, having arrived at the service, write in the work order: "Replacing the cylinder head gasket." And you quickly change this gasket according to the price list. You leave the service, and history repeats itself: overheating, steam, liquid is thrown out. You are in service. And there, referring to the paper you signed, they say that the work has been done and there can be no complaints. Gasket replaced? Replaced! And then it turns out that your cylinder head is deformed, the plane of contact is broken, and no new gasket will help. Grinding or milling of the mating plane or replacement of the cylinder head is required. At the same time, the phrase in the work order should have looked like this: "Fix engine overheating."

However, there is another side of the coin. You will have to make sure that half the engine, or even half the car, is not replaced on your car under the guise. In complex and, accordingly, expensive cases, it is advisable to consult several services or call for help from a really good specialist.

In search of a source of knocking in the suspension, some dishonest servicemen can sequentially change one element after another at the expense of the client. Alas, the knocking detail is often closer to the end of the list, which indicates the correct approach of crooks to the task.

A similar “algorithm” for troubleshooting happens in complex modern systems power supply and motor control. And if the servicemen come across a relatively rare car, they prefer to wait for the moment when another one of the same car arrives. After that, by the method of sequential rearrangement of sensors and other elements of the system, they look for a malfunction. Here you can’t envy the owner of the “donor car”.

On an unofficial service, as a rule, you can be present in the repair zone - this is a big plus. It is possible to closely monitor the hands of the performer. This is especially important on a not very popular service. With a shortage of clients, an unscrupulous locksmith may be tempted to provide himself with work. For example, tear the anther of the ball joint, tie rod or CV joint boot.

An important point: when communicating with unofficials, find out in advance who will purchase spare parts for repairing your car. We advise, if possible, to shift this task onto the shoulders of servicemen. . Then, in the event of a repeated failure of the node, it will be easier for you to insist on repair under warranty. Otherwise, the masters will try to write off the malfunction as a “low-quality spare part”. And imagine that this is the rear oil seal of the engine crankshaft, to replace which you need to remove the gearbox, clutch mechanism and flywheel. Do you remember how to formulate an order-outfit? "Fix the oil leak at the rear of the engine." But to replace a fairly resembling clutch at such an opportunity is a holy cause, especially since the work will turn out to be free.

Hello dear blog readers website. In continuation of the topic of choosing a place to purchase a car, I suggest that you consider in more detail how to buy a car in a completely new condition, that is, without a run. Question, where could I buy new car may seem elementary, but everything is not so simple here, because there are at least two answers to the question of where to buy a new car: official and unofficial dealer.

Distinguish"unofficial" from official dealers is not always easy, but to do so it is necessary, and before you go to choose a car. Determining whether a car dealership is an official dealer is necessary in order to minimize the chance of a bad purchase, but the fact that a car dealership is an official dealer does not give any guarantees. Therefore, before taking your money to the seller, make inquiries about him on the Internet, study reviews about him, and find out how honestly he fulfills his promises.
So, new car can only be bought in a car dealership. But car dealerships are different, some of them have the status official dealer, others do not. What is the difference between them, which dealer is better to buy a car from and why? Let's look at both options, their advantages and disadvantages.

Buying a new car from an authorized dealer

Car dealerships with status official dealer, have a contractual relationship with the manufacturer and cooperate with him as a partner. The automaker not only delivers cars to the dealer, but also compensates for the subsequent costs of their warranty repair.

In addition, the manufacturer gives official dealers their main source of income - the right to carry out maintenance of cars of this brand, which allows you to keep the warranty. Every new car buyer should know that car warranty preserved only if timely maintenance at authorized service stations of this auto manufacturer. Such an "official" service, as you know, costs two to three times more expensive than in an unofficial service, but these are the terms of the guarantee.

It is quite difficult to get the status of an official dealer; for this, a car dealership must meet a number of requirements that automakers put forward to applicants. The official dealer must have at his disposal service station(SRT), where buyers can perform maintenance on their cars. Specialists service stations periodically are trained and certified Thus, the manufacturer is trying to maintain the quality of services provided by the official dealer.

Preservation manufacturer's warranty is an important advantage buying a new car from official dealers. Using the support of the manufacturer, an official dealer can replace almost any unit under warranty for free for the consumer, in principle, even replacing the entire car is possible, although in our country this can be very difficult to achieve. In response, the “unofficial” provides their customers with their own warranty, which is naturally not as effective as the factory one and often expires when an expensive repair is needed.

To verify whether the car dealership is an official dealer, just open the dealer search section on the official website of the brand. By specifying the city you are interested in, you will receive a list of dealers represented there. If the car dealership you have chosen is not in this list, it means that it is not an official dealer. By presenting consumers with a list of its official dealers, the automaker tells them where more reliable purchase its products, where they can buy and service the car with warranty manufacturer.

Buying a new car from official dealer- this is undoubtedly dearest from the options where to buy a new car However, a high price does not guarantee anything. It is believed that for people who do not know how to buy a car, it is better to buy exactly new car, and from the official dealer. Indeed, when buying a new car from an authorized dealer, the risk of acquiring a problematic car is less than with any other method of purchase, but it still exists.

Auto dealers in our country do not want to sell cars damaged during transportation at a discount, so they are carefully disguised and sold under the guise of brand new ones. Unfortunately, even a new car, even one bought at an authorized dealer's showroom, may not be so new, for example, the car may be slightly scratched during transportation, and then hastily repainted, or it may be restored after a real fall from a truck.

Rest assured, auto dealers will be sure to restore these brand new cars and sell them to unsuspecting buyers.

The main reason for buying new car exactly at the official dealer is high reliability transactions, especially if the car is available, and you do not have to wait for it. You will definitely be the first owner, or the second, but immediately after the dealer, the car will most likely be delivered to you right on time, but if there is a delay, then you need to ask for a discount.

And yet, even among the "officials" negligent dealers sometimes occur. Therefore, you cannot completely trust the sellers, first of all, you need to rely on the reputation of the car dealership, reviews about it from consumers, and the opinion of your friends. Carefully research online reviews before taking your money to the car dealer of your choice. Learn how to buy a new car in a car dealership and then go to choose a car.

Advantages of buying a new car from authorized dealers:

• Most high reliability deals
• Manufacturer's Warranty

Buying a new car from an unofficial dealer

Unofficial dealers usually perform the function intermediary. They take cars from official dealers and resell them at their markup, and as a result, the price may differ from the prices of the official dealer, both up and down. At the same time, practice shows that it is almost impossible to get repair or replacement from "unofficial" in the event of a defect, and this is the main drawback of unofficial dealers.

Another area of ​​activity of "unofficials" is delivery of cars from abroad. A new car is bought by a private person, and delivered to the Russian Federation, where it is sold with a small margin. Thus, without leaving the country, you can buy a new car of the brand and model that is not officially supplied here or has a too high price on the official new car market.

In addition, buying a new car from unofficial dealer- it's good alternative self-purchase cars abroad (more on that below). You do not have to go to an unfamiliar country, learn the language, understand all the intricacies of delivering a car to the Russian Federation. It is enough to entrust all this to professionals who know everything about how to buy a car abroad and deliver it to you.

Very popular in Russia are cars from USA, because it is for the United States that auto manufacturers produce the most comfortable and most powerful cars, and many models are completely produced exclusively for the market of this country.

You can order a model intended for the American market by contacting, for example, AUTO PREMIUM GROUP. Available cars can be viewed at the dealer site on the Avto.ru website

Some car manufacturers provide a worldwide warranty for their products, but in our country it can be problematic to achieve its effect. It can be said that for cars unofficially imported into the country, warranty manufacturer does not work in practice.

Trying to compensate for this shortcoming, some informal dealers provide own vehicle warranty, which, unfortunately, cannot fully replace the factory one. An official dealer, in the event of a breakdown on a new car engine or automatic transmission, can replace even such an expensive unit as a whole, because the manufacturer covers the costs, and an unofficial dealer can hardly afford such costs. Therefore, do not count too much on the warranty of an unofficial dealer.

It is when buying from an unofficial dealer, cases fraud occur most frequently. In principle, such a car dealership can simply disappear, pocketing the money of buyers. Sometimes, from a phone call to such a dealer, you can find out that desired car available, and at an attractive price. Arriving at a car dealership, you can find that there are only configurations that are 15-20% more expensive, and the price is indicated without VAT (carefully read the contract)

Why do buyers continue to choose unofficial dealers? First of all, because of their ignorance. The fact that the dealer is not official becomes clear only when the buyer receives denial of warranty, but it's so easy to check in advance whether the dealer is official. It is enough to go to the manufacturer's website, where there is a list of official dealers, and find out which dealers in your region are official.

On the other hand, some models are not officially supplied to our country or are supplied, but have a much higher price than abroad. In this case, if you want to buy exactly such a car in new condition, an unofficial dealer may be the best option.

Advantages of buying a new car from unofficial dealers:

• Prices are lower than official dealers
• The ability to order a model and equipment that is not available on the official market

Disadvantages:

• No official manufacturer's warranty
• Big risk of fraud

More options where you can buy a new car

But what to do if there are no suitable dealers nearby? Our country is large, people live almost everywhere, and the population density is different everywhere. Meanwhile, the breadth of the range of car brands offered by official dealers in each region depends on the density and income level of the population. It may happen that the selected dealers car brand not available in your region. Then, to buy a car, you will have to use one of additional options answer to a question where to buy a new car:

• In another city
• Abroad

Buying a new car in another city is common practice. New cars are bought in another region if there is simply no local dealer, or there is, but his work leaves much to be desired. Official dealers of the most prestigious brands can only be found in largest cities countries, so if you need a car that few can afford, then in any case you will have to go for it in one of the megacities.

At the same time, it must be borne in mind that if you live far from cities where there are official dealers of the brand you have chosen, then such a purchase will immediately create two inconveniences:

• Firstly, when buying, you will have to travel a long way to the car dealership, and then overtake or even transport the car to the place of its permanent deployment
• Secondly in order to maintain the warranty, you will have to, at each scheduled maintenance, make a trip to an authorized service center official dealer. Whether it will be convenient - you have to decide for yourself

Many "gray" dealers tout buyers with tempting low prices. A naive buyer, without looking, signs a contract, and then it turns out that there is a catch in it. The announced price may be without VAT, and in case of termination of the contract, the buyer will have to pay a penalty in the amount of $ 1,000 or 30% of the cost of the car, which, of course, is noted in small print. To avoid such costly mistakes, dear readers, you still need to not only read the contract, but also understand every sentence in it, and if it is written “too complicated”, then involve more experienced relatives, acquaintances or contact a lawyer for verification.

Concerning buying a new car abroad, then this option is very good, and primarily because in developed countries it is not customary to deceive the buyer so cruelly as it is done in our country. Moreover, all this is regulated by law there, such actions are qualified as fraud and entail inevitable punishment, which is why many people prefer to buy and service their cars only abroad.

Unfortunately, not every Russian motorist has such an opportunity, but among residents of regions bordering European countries, this practice is very common. If you are among the lucky ones who have the opportunity to buy and service a car abroad, be sure to use it, and you will hardly regret it, because:

• Firstly, abroad you are unlikely to be sold under the guise of a new broken car
• Secondly, You will be able, along the path already traveled, to carry out maintenance and warranty repairs of your car there

Mentioned above unofficial dealers will not refuse to deliver the model you have chosen from the desired country. In this case, you will be completely relieved of all the difficulties that accompany the purchase of a car abroad, but do not forget: when concluding an agreement with an unofficial dealer, you risk being in a difficult situation with him alone. Therefore, before you sign anything, carefully read the terms of the contract and customer reviews. Trust, but verify - this universal motto is the best suited to the situation of buying a car.

Buying a new car abroad in any case, it has one indisputable advantage: the car will definitely be of foreign assembly, and all parts will be produced abroad. The quality of car production in our country, although it has changed for the better, but, unfortunately, is still inferior to the foreign one.

To summarize: Where is the best place to buy a new car?

So who to choose: official dealer or unofficial?

• Try to buy a car from official dealer, but before doing so, be sure to check that

Often, owners of new cars ask themselves the question - do I need (do I have to) undergo MOT (maintenance), I mean warranty, from an authorized dealer? And what happens if I refuse? After all, everyone is thinking how to “rob” me and, with an interval of 10 - 15,000 km, lure “exorbitant” money out of me! I’d rather buy oil myself (which manufacturer ordered), filters (oil, air, cabin, etc.) and replace it myself, two times cheaper (or even three). But what if something breaks on the car? The question here is not at all unambiguous, we will understand. As usual, there will be a video version at the end, so read on and watch ...

Actually, what kind of thing There are a lot of articles on the internet right now that say - that even if you yourself undergo maintenance (say, at home in your garage) and refuse a warranty pass from a certified dealer (after all, the price tag for work and materials sometimes differs by 2-3 times), then if the car fails (what breaks -or), the manufacturer will still YOU SHOULD REPAIR THE PROBLEM ! And if he refuses, then that's it - RUNNING TO COURT AND DEFENDING JUSTICE. But is this really so and what does the “Federal Consumer Protection Law” (abbreviated as FZoZPP), manufacturers and dealers themselves tell us. Today we will understand in DETAILS (so that later it would not be excruciatingly painful).

I have two illustrative examples and they both defend the same and opposite point of view:

• When on a car that passed only the first MOT (at 15,000 km) and at 47,000 km it broke down steering rack and the generator bearing (although the second (at 30,000) and the third at (45,000 km) MOT were not completed) - She had these units replaced under warranty. !
• Second case. When on a car that traveled about 69,000 km (the maintenance interval was 10,000 km, only the first maintenance was completed, the rest did not), the automatic transmission ordered a long life - warranty was denied !

So where is the truth? Let's examine each example in depth. The article will be large, BUT USEFUL. So let's stock up on tea and go

Replacement under warranty - case one

Now there are a lot of examples on the Internet - when something changed on a car, even on one that did not undergo maintenance at the dealer (usually they do the first, and then they clog and change everything in the garage)

Let me remind you - we will talk about the steering rack and generator bearing. Which failed at 47,000 km (but 2 and 3 MOTs were not performed at an authorized dealer). However, everything was replaced under warranty.

There are reasons for this, they usually refer to several articles in the law of the Federal Law of the Russian Federation. To start, we read:

Clause 6.8, article 5 of the Federal Law The manufacturer (executor) has the right to install on the product (work) guarantee period- the period during which, if a defect is found in a product (work), the manufacturer (executor), seller, authorized organization or authorized individual entrepreneur, importer are obliged to satisfy the consumer's requirements established by Articles 18 and 29 of this Law.

Here we need to look at our warranty, for many it goes - 2 years, for Japanese-Russian-3 years (they also limit the mileage to 100,000 km), and for many Korean-5 years (150,000 km).

YOU NEED TO REMEMBER:

The warranty period is the period during which, if a defect is found in the car, the manufacturer, seller, authorized organization or authorized individual entrepreneur, importer are obliged to satisfy the requirements of the consumer established in the FZPP

Warranty up to 100-150000 km. Contradicts the above law, since the warranty period is a period, and a period is a length of time. Accordingly, time cannot be measured in kilometers.

Clause 6, Article 18 of the Federal Law (and clause 2 of article 476 of the Civil Code Russian Federation) In relation to the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, importer, is responsible for the defects of the goods, storage or transportation of goods, actions of third parties or force majeure.

To refuse warranty repair of a car in case of untimely maintenance, a car dealership must prove a causal relationship between the untimely passage of maintenance and the failure of the part . Proven by expertise. Only the fact of untimely maintenance is not a basis for refusing warranty repairs.

That is, if there is a guarantee up to 100,000 km, BUT you have not undergone MOT. Then the dealer (manufacturer) needs to prove that the broken rail and generator bearing at 47,000 km broke precisely because you did not undergo maintenance at the dealer, conduct an examination

Clause 1, Article 16 of the Federal Law the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.

Thus, if a clause of a contract or warranty book contradicts the current legislation on consumer protection and infringes on the rights of the client, it is invalidated, regardless of whether it contains the consumer's signature.

Conditions (which the dealer, manufacturer is trying to impose on you) that are contrary to the law are invalidated!

Clause 2, Article 16 of the Federal Law It is prohibited to condition the purchase of certain goods (works, services) on the obligatory purchase of other goods (works, services). Losses caused to the consumer as a result of violation of his right to free choice of goods (works, services) are reimbursed by the seller (executor) in full.

It is forbidden to condition the satisfaction of the requirements of consumers presented during the warranty period, conditions that are not related to the shortcomings of the goods (works, services).

In simple words, no one can LIMIT ME IN THE RIGHT OF CHOICE! And even more so to monopolize the venues technical inspection! The manufacturer's (seller's) warranty is made dependent on conditions not related to product defects. Moreover, in accordance with Article 209 of the Civil Code of the Russian Federation, the right of the owner to own, use and dispose of his property at his own discretion is violated. I am no longer able to get service at another location of my choice and at more low prices. That for many it is categorically IMPORTANT!

Such behavior of dealers and sellers (manufacturers) contains signs of an administrative offense under Part 2 Art. 14.8 of the RF Code of Administrative Offenses : the inclusion in the contract of conditions that infringe on the rights of the consumer established by law, which entails the imposition of an administrative fine on legal entities- from ten thousand to twenty thousand rubles.

There are a lot of LETTERS, but if you summarize in SIMPLE WORDS. It turns out that:

• The manufacturer gives a guarantee for the PRODUCT, in this case it is a car.
• The dealer cannot (JUST SO) refuse warranty repairs to you, even if you have not undergone MOT with them
• If the dealer refuses you, he must have good reasons for this, for example, an examination proving that he is right
• If there are no good reasons for refusal, then the dealer must fix the part of the car that failed. Even if you didn't pass MOT!

Everything seems to be great and you can use it. BUT as practice shows, such judicial practices took place in 2010-2012. But now dealers and manufacturers have become much smarter.

Case Two - Warranty Disclaimer

“For every force of action, there is a force of reaction” is a law of physics. Of course, dealers and manufacturers began to plug these holes in the law and now EVERYTHING IS NOT SO SIMPLE.

I will quote the paragraph of the law, which I quoted above:

Clause 6, Article 18 of the Federal Law (and Clause 2 of Article 476 of the Civil Code of the Russian Federation) In relation to the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, importer, is responsible for the defects of the goods, if it does not prove that they arose after the transfer of the goods to the consumer as a result of the violation by the consumer of the rules of use , storage or transportation of goods, actions of third parties or force majeure.

As you understood the key word here is - if it does not prove that they arose after the transfer of the goods to the consumer as a result of the violation by the consumer of the rules of use

But these rules can be adjusted. Now many (yes, almost all manufacturers), from our Russians to elite Germans, have the following inscription in the service book:

Carrying out work on maintenance and repair of the car not at the official Dealer LLC (Such and such a manufacturer), as well as untimely maintenance (more than 1000 km or more than 30 days, whichever comes first), may cause a limitation of warranty obligations for automobile

Well, now we put everything on the shelves:

• Who is OD - official dealer? This is a certified service center that has trained its employees to repair and maintain a certain type of car. Which then passed the exams and received the appropriate certificates for this. And how many third-party companies (regular service stations) have done this to their employees? I think few people!
• The manufacturer's warranty, according to the law, of course, not one official dealer can take away. BUT ONLY for those nodes that a priori do not require maintenance. FOR EXAMPLE - body, cardan shaft, manual transmission (and that’s not a fact), a beam, some suspension parts (for example, silent blocks, shock absorbers, stabilizer struts, etc.), steering rack (and even if it also needs to be serviced), bearings, electrics (and even then not all) , catalysts, etc. THAT is everything that should go for a long time (ideally, the entire life of the car).
• BUT for units that require maintenance, and a priori it must be carried out by an authorized dealer (see point 1), you will simply be politely refused. These units include the most expensive units - the engine, automatic transmission, clutch, air conditioning or climate control, even the cooling system (all radiators, stoves, etc.), etc. you will be politely refused.

Thus, in the second case, when on a TOYOTA CAMRI with a 3.5-liter engine, the automatic transmission died already at 69,000 km (and it can die there at 7,000 km). The owner, who believed in the reliability of CAMRI, did not go through MOT at the officials, but did everything himself. And then having started the court - I LOST IT WITH TRUSKY!

Arguments of the official dealer (manufacturer):

• Did you change the oil in the automatic transmission or not? She should have been 60,000 km away
• What oil is filled in?
• At what station did the change take place? Are there any certificates (in this case, TOYOTA) on staff training
• By what method (method) was the replacement made?

Only the third paragraph already gives the right to refuse repair or replacement under warranty.

MY OPINION

Friends will express their opinion about the warranty on the car and undergo MOT at the dealer or do it yourself.

Let's start with the fact that, of course, dealers have a much higher price. If we take an ordinary car, class "B" let's say. Then the cost of maintenance will be within 5 - 6000 rubles. NOT LITTLE!

However, let's calculate how much it will be if you do MOT yourself:

• Oil is now a very large run, but let's take a good one and it's about 1800 rubles.
• Oil filter (I take the prices of the originals, since they will put you at the station just like that) - 300 rubles
• Air filter - 350r
• Cabin filter - 300r

TOTAL we have ONLY about 3,000 rubles for all consumables, well, we ourselves change everything in a friend's pit!

Difference of 2-3000 rubles (is it a lot or a little) . Of course, now there are a lot of unscrupulous dealers who bend you sky-high prices (they can bend up to 8000r in RIO). But no one is forcing you to do it for that price. You are a sociable person, call other official dealer centers(if it is Moscow or St. Petersburg, there are no problems with this at all). If you are from a small town with only one dealer, then call the neighboring towns, sometimes it is much cheaper to roll up to them. For example, in your city it is 8500 rubles, and in the neighboring city it is 5000 rubles, the road is 100 km (one way), well, you will burn fuel for 500 - 600 rubles, but saving 3000 rubles.

MY PERSONAL OPINION DO THIS AT THE OFFICIAL DEALER ! There are several reasons for this:

• If your car is complex, has a lot of everything electronic, climate control, automatic transmission. Even if all this is VERY strong (proven manufacturer) - it can break. And believe me, no maintenance savings of 2-3000 rubles can cover this repair!
• Many bring their own oils and filters. THIS IS NOT REALLY FORBIDDEN AND DEALERS GO FOR IT! BUT I wouldn't do that either, why? Yes, simply because, if anything, an examination will take place and it may reveal a discrepancy with the manufacturer's standard. Then again they will refuse to repair you. And if you buy from them, keep all the receipts, where it is written that such and such oil was bought and poured, then it will be much more difficult to get out.
• And even if your car is simple, let's say without a radio at all, on oars (“window twisters”) it will still have a catalyst, which now has not reached the end of the warranty. If this baby gets into the engine, then consider him a khan.

No savings in 2000-3000 with maintenance will cover its repair! However, here everyone decides for himself, it was my personal opinion, yours may be different. Maybe you are an experienced mechanic who has a warehouse of spare parts (for your new purchased car) and you don’t need this warranty for nothing!

If you DO NOT have your vehicle serviced by an authorized dealer, but the warranty period and “warranty mileage” has not yet expired, are you eligible for warranty repairs?

You will say NO, I thought so myself, and you will be wrong!

Our rights with you in such a situation are given to us by our state, and not by automakers and not by automakers to take away what is not given by them!

What will each of you face if you come to an official dealer and the master-receiver will show service book, where it is indicated that the car is under warranty (by period and mileage), but maintenance was not carried out according to the regulations at all or is overdue by 2-20-50 thousand kilometers? Without blinking an eye, the master receiver will tell you that the car is not under warranty.

Even if you are a rather stubborn consumer, then you will demand to call a warranty engineer and he will laugh at you, say “what is the guarantee if the last MOT at the dealer is 70 thousand kilometers ago ?!!”.

And only when you reach the head of the auto center, or at least the head of the service, and ask on what basis you are being denied warranty service and demand a written refusal of warranty repairs, then perhaps the rhetoric will change and the boss will say that he did not say this, but there one of the subordinates made a mistake or you misunderstood something.

And all because we have the "Law of the Russian Federation of 02/07/1992 N 2300-1 (as amended on 07/03/2016) "On the Protection of Consumer Rights"", which reads:

In accordance with paragraph 6 of article 18 of the LOZPP:

The authorized organization ... is liable for defects in the goods, unless it proves that they arose after the transfer of the goods to the consumer ...

The whole point is that the official dealer, as an authorized organization to which you hand over the car for repair, if you disagree with something, then MUST PROVE that the breakdown was your fault. You do not have to prove, initiate an examination, but they do.

You may ask, what about the warranty conditions in the service book, which clearly say that only the officials should be serviced or the warranty will be “limited”, as they formulate ?! Again, we turn to the Law on the Protection of Consumer Rights:

In accordance with paragraph 2 of article 16 of the Federal Law

it is prohibited to condition the purchase of certain goods (works, services) on the obligatory purchase of other goods (works, services)....

It is forbidden to condition the satisfaction of the requirements of consumers presented during the warranty period, conditions that are not related to the shortcomings of the goods (works, services).

In accordance with paragraph 1 of article 16 of the Federal Law and Provisions of the Law, the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid ...

In this case, the seller's warranty obligations are made dependent on conditions that are not related to product defects. As well as the purchase of a car, it is conditioned by the obligatory purchase of service services.

And if the dealer claims that this is due to the shortcomings of the goods, then require a written refusal. Always ask for a written waiver. Everything that you are told orally, state in writing and require confirmation of this also in writing.

Your rights are confirmed by the Civil Code of the Russian Federation. No one has the right to limit your choice, and even more so to create a monopoly on the place of maintenance. In accordance with Article 209 of the Civil Code of the Russian Federation, the right of the owner to own, use and dispose of his property at his own discretion is violated. You forfeit the opportunity to get serviced at another location of your choice at a lower cost.

So what are your rights? For example:

Article 18. Clause 1 of the LOZPP The rights of the consumer in the event of a defect in the product:
...
demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;

What should the dealer do?
Article 18. Clause 5 Consumer rights in case of defects in the product:

The absence of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods by the consumer is not a basis for refusing to satisfy his requirements.

That is, you can even come without a service book at all, if the warranty period has not yet expired.

The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, importer are obliged to accept the goods of inadequate quality from the consumer and, if necessary, to check the quality of the goods. The consumer has the right to participate in the quality control of the goods.

That is, you hand over the car and wait for a quality check, in fact, this is a diagnosis or troubleshooting. Further, either a quality check shows that the breakdown was not your fault and you get a warranty repair or it comes to an examination.

In the event of a dispute about the causes of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are obliged to conduct an examination of the goods at their own expense.

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 an examination in court.

If, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer) ... the costs of conducting the examination, as well as the costs associated with its implementation for storage and transportation of goods .

In addition, I note that the car must be accepted by the dealer IMMEDIATELY, as indicated by paragraph 1 of article 20 of the RFP... agreement on such a new term and do not release from liability for violation of the term specified by the agreement of the parties initially.
So, in the dry residue

They will not give you a written refusal to guarantee repairs, otherwise you can safely go straight to court with it. It should be understood that the dealer can intimidate the cost of troubleshooting, expertise, that its cost will fall on you in case of detection of improper operation and your fault, or even immediately demand to pay for the expertise, which is obviously illegal.

How to act?

1. Sign up for diagnostics at an authorized dealer.

2. Print out two copies of the claim in advance, demanding to immediately accept the car for free elimination of defects, describing your position and referring to the laws. The link to the claim template will be given in the comments.

3. On the appointed day, come to the dealer and register a claim at the reception. Your copy must be stamped, signed / decrypted, position, date, incoming number.

4. Go to the master-acceptor, if you hear a story about the withdrawal from the warranty, then ask for the information voiced by him in writing or call a warranty engineer. If the warranty engineer also pretends not to be aware of the provisions of the Consumer Protection Law, keeps talking about the service book, then ask to call the head of the service or the head of this whole almshouse.

5. Then they can simply refuse you verbally, then it only remains to wait for a written response to your written claim, or they may offer to call in the repair area by signing an order. Here you need to be very careful, as you may be asked to sign a regular commercial work order. Refer to Article 18, paragraph 1 of the LOPP, which speaks of the immediate, free of charge elimination of deficiencies. There is no talk of any money in the ZOZPP, except for one nuance - you will have to pay for the examination if it shows that the breakdown was your fault. If you are not at fault, the examination is paid by the dealer. This is evidenced by Article 18, paragraph 6 of the RFP.

6. Already after they have carried out a quality check, in accordance with the RFP, they can agree to a free warranty repair or start a dispute about the causes of product defects (car malfunctions). In this case, as I wrote above, they will appoint an examination at their own expense. At this stage, they may offer to sign a tripartite agreement under which you will owe something for this expertise. The POZPP does not say anything about any agreements. It clearly says - an authorized organization at its own expense.

7. You can invite your own expert for examination, who will give his own, unofficial opinion for you, and also will not let an independent expert cheat.

8. If the expertise is on your side, your car will be repaired and you will not owe anything. If the examination is on the side of the dealer, you can challenge its results in court, then the court will appoint a forensic examination. Your expert may also be present and speak in court. Usually, ceteris paribus, the court leans on the side of the consumer, in disputes on the RFP.

In general, you need to get an understanding in advance of what happened to your car and why it happened. If this is some kind of unattended assembly or unit, then it is very difficult to prove that you have operated or serviced it incorrectly. If the problem is with the engine, then the expert's flight of fancy can be much more.
But in general, it’s worth knowing that until it comes to examination, you don’t owe them anything at all. Whether to continue the dispute and whether to get involved in litigation is up to you, this is time and, possibly, money. On the other hand, if you act correctly, you are sure that you are right and you have time for this, then there is every chance of getting repairs at their expense, as it should be. In the end, it can become a matter of principle and a matter of restoring justice.

Tell everyone you know about it, as many people as possible should know their rights. Stop dealers and/or automakers fooling consumers by sucking hard-earned money out of us.

PS I heard the phrase "consumer extremism" from some representative of the officials, as they call it - when you achieve what is required by law. But it looks like the opposite.