Service life, product service life and warranty: what is it and what is the difference, from what point can it be calculated and who sets it for durable products?

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Published: September 18, 2018

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The Federal Law “On the Protection of Consumer Rights” (Federal Law No. 2300-1 of February 7, 1992) is the main regulatory act that regulates the scope of legal relations between the seller of products and their consumers. Protecting the interests of the consumer in most controversial cases, the document declares the buyer’s rights when defects are identified in the product, in matters of the seller’s responsibility for eliminating defects and the need to replace products, and regulates the deadlines for the possible handling of a number of related claims.

What does Article 19 of the Law “On Protection of Consumer Rights” say?
The concept of “product warranty period” and its legal features
From what point does the warranty period begin? Warranty period for seasonal goods
Warranty for components and components of the product

The last paragraph in the Law “On the Protection of Consumer Rights” (hereinafter referred to as the Law “On the Protection of Consumer Rights”) is addressed in a separate article.

What is the period of use of the product?

According to the Law “On the Protection of Consumer Rights”, the service life of a product or the period of use of a product is the time period during which the manufacturer is obliged to:

Provide the consumer with the opportunity to use the object for its intended purpose.
Bear responsibility for significant defects that arose through his fault.

During this period, the consumer has the right:

Demand free removal of all defects and maintenance.
Request compensation for damage if a defect is discovered.

Only the manufacturer can determine the period of use, since it is he who is directly related to the production process.

Units

The manufacturer's liability period is established in units of time and other measurement indicators (kilometers, meters, etc., depending on the purpose).

From when can it be calculated?

The time period of the manufacturer's obligations is calculated from the date of purchase of the object by the buyer. In cases where the day of purchase cannot be determined, the dates are set from the date of production of the product. The following cases are exceptions:

The day of purchase does not coincide with the start date of use of the object.
The time of concluding the contract and the moment of transfer of the goods to the consumer vary. In this case, the time period is calculated from the date of receipt of the product.
The consumer is not able to use the item for its intended purpose due to the fault of the manufacturer or seller. The liability period is not established until all impeding factors have been eliminated.
It is not possible to determine the exact date of delivery or installation of the product. In this case, the phase is established from the date of conclusion of the contract between the buyer and seller.

One of the durability indicators is average

Average service life is the mathematical expectation of the service period and one of the indicators of durability.

How is it different from the operational stage?

The operational period and the period of permitted use are not identical concepts . Determination of service life: this is the time during which the manufacturer gives the consumer a guarantee of stable product quality if the buyer complies with the required standards.

Return of low-quality goods.

The Civil Code and Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 04/24/2020) “On the Protection of Consumer Rights” provide for the consumer to return a product of inadequate quality, exchange it for a new one, or return the money spent.

We all know that a low-quality product can be repaired, replaced, or the money paid for it can be returned within the warranty period.

Almost any product has a warranty period - this is the period of time during which the seller or contractor ensures to the buyer or customer that the product (sold) or the result of the work meets the established quality requirements.

Is warranty time the same thing or not, and what is the difference?

The main differences between the service life and the warranty period include the following indicators:

During the warranty period, the consumer has more rights to make demands on the quality of products if defects are detected. Otherwise, satisfaction of claims is possible only if there are significant defects in the product.
The responsibility for confirming defects during the warranty period lies with the manufacturer or seller; proof of defects during the service period lies with the consumer.
The guarantee is established for all groups of goods, in the second option - for durable items.
The warranty period is calculated in time units, the service period is calculated in other units of measurement, in addition to temporary values.

The warranty period is the right of the manufacturer or seller. In turn, establishing the permissible application time for certain categories of goods is the obligation of the manufacturer.

When does the warranty period for components begin to expire?

The period begins to run at the moment the components are transferred to the consumer, but a different beginning of the period may be determined in the purchase and sale agreement. if the day of delivery cannot be determined, these periods are calculated from the date of manufacture of the goods.

Important! It is not profitable to calculate the period from the date of manufacture of components! The product may be stored in a warehouse for a long time; in this case, it is better to check with the seller for the exact date of sale and calculate the warranty period from this date.

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Moreover, if the buyer cannot use the product due to circumstances depending on the seller, the warranty period is suspended until the relevant circumstances are eliminated.

if the warranty period is not established or has expired

If a warranty period has not been established for components by either the seller or the manufacturer, then claims related to defects in the goods may be submitted by the buyer to the seller or the organization performing the functions of the seller, provided that the defects were discovered within a reasonable time, but within 6 months from the date of transfer of the goods to the buyer (in relation to real estate - no later than two years from the date of its transfer to the consumer).

You can almost always return an item! The main thing is to know the procedure and use the law correctly. Get information for free from lawyers via chat (bottom right ↘️) or via this link.

When determining the reasonableness of the terms, it is recommended to proceed from the warranty periods established by state standards, and if they are not established, from the indicators of product durability established by regulatory documents on standardization.

What are warranty obligations to the buyer?

The client can report a defect in the goods to the shopping center, referring to Art. 18 of the Law.

At the same time, he has a choice among the following options:

exchange the product for a similar one;
replace the product with another, but similar in quality;
ask to reduce the price in accordance with the identified defects;
eliminate the defect at the expense of the store;
reimburse all costs associated with the purchase of a defective product.

If we are talking about technically complex equipment, then the buyer has the right to exercise his right of return, subject to certain conditions, within two weeks (clauses 1,2,5).

How to determine the amount of security

Digital printing is the basis of operational printing. Digital printing allows you to produce small runs of printed products with true printing quality. Digital printing can be used for printing business cards, catalogs, printing leaflets, printing books, including full-color ones, printing booklets in editions of literally one copy.

The warranty period for components and components of the product is considered equal to the warranty period for the main product, unless otherwise established by the contract. In Part 6 of Art. 34 44-FZ states that every contract must specify warranty obligations and the supplier’s liability for violation of their fulfillment. However, 44-FZ does not directly indicate how to specify warranty obligations in the contract. The regulations for the establishment and application of such obligations are prescribed in civil legislation.

Warranty: what is it?

Warranty period is the time period during which the manufacturer or seller guarantees compliance with the declared performance indicators and other quality characteristics specified in the product passport or in the contract.

The consumer, in turn, must comply with all conditions of use and storage specified by the manufacturer. In other words, the warranty period is the time during which, having identified deficiencies, the buyer can make a claim to the supplier, and he is obliged to eliminate all inconsistencies.

The difference between storage time and service life

After the service life expires, the product becomes unsuitable for use, and at the end of the warranty period, the product can still be used by the consumer.

Only the manufacturer has the right to indicate the service life , while the warranty can be established by both the manufacturer and the seller.

During the service life, the supplier is not obliged to provide services to eliminate any malfunctions or replace the product, in contrast to the warranty, during the period of which the consumer can make his claims to the manufacturer, and he is obliged to accept them.

From service period

The warranty can be established by the manufacturer and the seller, and only the manufacturer must indicate the service life.

After the service period has expired, the use of the product becomes dangerous , that is, the product can cause harm to the life and health of the consumer, and nothing changes when the warranty expires.

The service life makes it possible to demand repair of the product only if its malfunction is significant (clause 6 of Article 19 of the Law of the Republic of Latvia). During the warranty period, any malfunctions must be corrected free of charge (clause 1 of Article 18 of the Law of the Republic of Latvia).

Difference with expiration date

An expiration date is established for a product that belongs to the food category, that is, after this period, its quality deteriorates or can cause harm. The guarantee, in turn, is established for non-food products. After the end of this period, the properties and characteristics of the product do not change.

After the expiration date, the product may be harmful and cannot be used at all. If the warranty expires, you can continue to use the product ; the seller or manufacturer simply ceases to be responsible for it.

The guarantee can be determined by both the manufacturer and the seller (clauses 6, 7, Article 5 of the Law of the Law), establishing the shelf life of the product is the responsibility of the manufacturer. Products for which such a period is not established are not allowed for sale (Clause 5, Article 5 of the Law of the Republic of Latvia).

How to fill out the form correctly

The warranty must be filled out by the store employee dispensing the product. This document should contain information such as:

product data : series, number, modification;
seller's name , address, details;
date of purchase of the product;
seller's stamp.

In addition, a warranty card form must be filled out, which indicates:

terms of warranty service;
work order;
cases in which free work is provided.

When preparing a document, you should pay attention to the following points:

the paper must indicate the details of the performer , not the manufacturer of the product;
there must be a signature of the sales consultant completing the transaction , as well as the seal of the store;
When delivered by courier service, the document must already be filled out ; the courier does not have the authority to fill it out.

The beginning of the calculation

The procedure for calculating the warranty for goods is specified in Art. 19 Federal Law No. 2300:

If the contract concluded between the seller and the buyer does not establish a guarantee, then it begins to count from the moment the consumer purchases the product.
If the time of purchase is not known or is not indicated anywhere, then from the date of manufacture of the product.
For products intended for use in a specific season, the period is calculated from the beginning of that season, and if the purchase was made during this period, then from the moment the order is handed over or delivered to the buyer.
If the product was purchased by mail - from the date of its delivery (even if the day of sale and the day of delivery do not coincide).
If the delivery date cannot be determined, then the period in question begins to be calculated from the date on which the contract was concluded, that is, from the date of purchase.
If the product requires installation (connection, etc.) before use or already has any defects at the time of purchase, then the warranty in such cases begins to apply after the seller has eliminated the listed circumstances.

What documents are needed to take advantage of the guarantee?

In order to make the process of returning an item to a store as easy as possible, it is necessary to prove when the item was purchased and in which store. That is why you need to have the following documents with you:

cashier's check (or bank statement);
completed warranty card.

However, if documents are missing for any reason, this is not a reason to refuse warranty service to the consumer. According to Article 18.5 of the Law “On Protection of Consumer Rights”, the buyer may present testimony of witnesses, oral or written, as evidence.

Why did 1146 clients choose our printing house?

Sometimes for advertising purposes sellers or. The law of the Russian Federation does not provide for abstract temporary positions and streamlined concepts that everyone can interpret at their own discretion. Therefore, all contractual obligations are based on specific deadlines and clear wording.

When producing a set of multilayer self-copying forms, numbering is applied simultaneously to all layers.

In accordance with paragraph 2 of Article 19 of the PZPP, the calculation of the warranty period for a purchase begins from the day it is handed over to a specific consumer, that is, from the immediate date of purchase.

If the consumer is deprived of the opportunity to use the product due to circumstances depending on the seller (in particular, the product requires special installation, connection or assembly, or has defects), the warranty period does not run until the seller eliminates such circumstances.

A guarantee under a government contract is an official assurance from one party that it will cover losses and compensate for deficiencies at its own expense should they arise.

When producing such products, various manufacturing enterprises allow the use of additional EZP in the protective complex.

Modern business cannot do without printing, which constantly needs advertising and promotional media, strict reporting forms for office work, envelopes with the company logo for business correspondence.

The GARANT system has been produced since 1990. and its partners are members of the Russian Association of Legal Information GARANT.

What to do if a warranty claim occurs?

If a warranty claim occurs, you must do the following:

1. Check the list of service centers on the warranty card.

2. Write a complaint that includes your requirements, a description of the defects in the product, the date of purchase, and how you want to resolve the problem, such as a refund or repair. Please also attach a copy of the sales receipt and completed warranty card.

3. Contact the service center with a complaint, do not forget to get the seller’s signature on a copy of the document.

Remember that depending on your requirements, you are entitled to:

refund within 10 days;
exchange of goods for a new one within 7 days, with additional verification - 20 days;
elimination of product defects within 45 days. Remember that during the repair period the seller is obliged to provide you with a similar product and extend the warranty period after repair (Article 20 of the Law “On Protection of Consumer Rights”).

4. If these deadlines are violated, then after their expiration you can sue. Also, according to Article 23 of the Law “On the Protection of Consumer Rights”, you are entitled to 1% of the cost of the goods for each day of delay. Remember that the seller has the right to conduct an examination to determine the nature of the defects of the product. If the product defect is the buyer’s fault, then warranty service may be denied.

In addition, you have the right to contact the Society for the Protection of Consumer Rights or Rospotrebnadzor - these organizations will help resolve the situation out of court.