Guarantee for engine overhaul according to law


What is it and what is it for?

A warranty card is a document that provides information about the quality of the product. That is, it certifies that the purchased product can be used fully for the period established by the terms of the transaction.

Legislative acts do not contain direct instructions obliging the seller to draw up such a document. But according to the rules of Article 456 of the Civil Code of the Russian Federation, the seller’s responsibility includes the transfer of documents related to the goods.

Article 470 of the Civil Code of the Russian Federation states that the transferred goods must meet quality requirements if this is provided for by the terms of the transaction. This document serves as confirmation.

What rights does a car owner have?

A person who contacts a service station has the right to receive services aimed at repairing a vehicle. The quality of services provided must comply with the law.

In the process of receiving services, a person has the right:

  • Monitor the progress of repair work without interfering with the procedure itself;
  • Terminate the vehicle repair agreement unilaterally. In this case, the person is obliged to reimburse the expenses that the service actually incurred when repairing the car.

Important! Please pay attention to the following aspects:

  • The consumer is not obliged to pay for work that was not previously agreed upon with him in the prescribed manner;
  • After completion of the work, the vehicle is handed over to its owner;
  • The owner has the right to check how well the work was performed by the service station;
  • If there are deficiencies in the work that was carried out at the service, contact an authorized representative of the service station to eliminate the deficiencies that were identified;
  • If there are claims to the work performed, the consumer has the right to file a claim indicating a list of such claims;
  • If after carrying out repairs the owner reveals hidden defects, then he has the right to submit a written claim for the identification of these defects;
  • If the car receives additional damage as a result of the actions of guilty service station employees, the owner has the right to demand compensation for damage or the provision of the same vehicle. The service station is given no more than 3 days to complete these actions. If the provision of such a car is impossible, then the management of the service station is obliged to pay twice the cost of the car;
  • When the results of the repairs are in doubt, the owner has the right to organize an independent technical examination. When conducting such an examination, the costs are initially borne by the customer, that is, the owner of the vehicle. If, after conducting the research, it becomes obvious that the repairs were performed poorly, the person has the right to go to court, claiming not only the need for high-quality repairs, but also the costs associated with paying for an independent expert opinion.

When the repair deadlines were not met, the person has the right to demand a penalty.

Watch the video. Engine replacement under warranty:

What does it look like?

A coupon is a document that contains all the information related to the purchase and sale of a product. It can be made in the form of a form with a spine and a tear-off part. But this is not a prerequisite.

Is there a statutory form?

The current legislation does not establish the form of such a document, since its preparation is not mandatory. But in practice, manufacturers and sellers themselves order coupon forms from the printing house. These can be not only tear-off documents, but also a book with forms for processing the original and a copy of the coupon.

Warranty period for repairs performed

When the vehicle's engine has been restored to normal, it is necessary to make sure that the service has issued a warranty to the consumer.

Please note! Every engine is subject to wear and tear. After a major overhaul, such an engine may break down much more often than before. When the owner has driven the car no more than 15,000 km, breakdowns should not occur frequently.

The warranty for a repaired engine is set not in years, but in kilometers. As a rule, such mileage cannot be more than 40,000 kilometers.

Sometimes it happens that service employees not only establish a warranty on the engine, but also observe the operation of the engine periodically. When such a service is provided, a note about this is subsequently made in the transmitted documentary information.

Remember, when services give a guarantee of up to 100,000 mileage, you should pay close attention to this, because in this case they are trying to deceive the client.

Information Contained

In addition to the number, it may contain the following information:

  1. Date of registration.
  2. A place for information about the seller and buyer.
  3. A column to describe the product.
  4. Terms of warranty service. A reference may be made to the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights”.
  5. Section for entering data on service repairs (date of acceptance and return, name of the contractor).
  6. Signature box for the buyer and the seller's representative.
  7. Space for the distributor's seal, if available.

Violation of the warranty period

Violations of the deadlines allotted for work related to vehicle warranty service are:

  • Exceeding the minimum period that is objectively necessary to eliminate defects;
  • Failure to comply with the approval deadline.

Attention! When service is delayed and the deadline is not met, the consumer has the right to:

  • Demand to pay a penalty, the amount of which is % of the cost of the vehicle for each day of delay;
  • Demand the replacement of the vehicle with the same vehicle or return the funds paid when purchasing the vehicle;
  • Demand compensation for moral damage associated with the inconvenience caused;
  • Demand compensation for losses incurred by the consumer due to failure to comply with vehicle repair deadlines.

If the consumer goes to court, a fine may be imposed on the salon. In addition to reimbursement of expenses incurred by the person, the judicial authority will oblige the company to pay a fine equal to half the cost of the car.

How to fill it out correctly?

  1. The information entered into the document should not contain anything superfluous.
  2. Information is entered without errors or corrections.
  3. Filling out is carried out by an authorized official.
  4. Information is entered by hand, except for the rules for handling in case of detection of a defect.

Who should do the registration and when?

The warranty document is filled out by the seller. It is issued at the time of delivery of the goods.

The coupon can also be issued after warranty repairs.

Data to be provided

It should indicate:

  • Date and place of registration.
  • Information about the seller and buyer.
  • Product description – model, brand, color, year of manufacture. Additional information may also be provided, such as dimensions.

The document contains information about warranty repairs, if any - date of acceptance, return, name of the service center.

Signatures and seals

The presence of signatures and seals on the document is desirable. But this is not a prerequisite, since the coupon is not a strict reporting document.

Rights and responsibilities during repair work

Please note! A person who contacts a service or service station to carry out work related to warranty service has the following list of rights:

  • Refuse to receive any service that was not previously agreed upon by the parties. When a station provides services not provided for in the agreement, the consumer has the right to refuse to pay for these services;
  • Additional details or services cannot be imposed by the station. Such actions are a violation of the law;
  • When the owner provides parts or components for repairs that do not meet the established quality or cannot be used for repairs, service representatives are required to inform the owner of the car about this. If information about this was not transmitted to the owner, and during the further use of the vehicle the owner suffered damage, then responsibility for such damage lies with the service station. On the other hand, when information about this was transmitted to the owner, but the owner insisted on the need to use these particular parts, the station has the right to terminate the service agreement and demand payment of expenses incurred by the station;
  • When, during repair service, service employees identify other defects that make the vehicle unsafe to operate, service representatives are required to inform the car owner about this. If, after receiving information about the identified deficiencies, the owner refuses to eliminate them, then the station is obliged to indicate the identified deficiencies in the documents. Such a record must be confirmed by the signature of a representative of the service station and the owner of the car;
  • Before carrying out repairs, the car owner has the right to request an estimate for the upcoming work. This estimate is part of an agreement between the station and the owner. The prepared estimate is supported by the signatures of the owner and the service center representative. Remember, when the estimate does not indicate that the cost of the work has approximate status, according to the provisions of the law, such cost is recognized as firm. On the other hand, such an increase is still subject to agreement with the owner of the car.

Required for repair under warranty

The absence of such paper is not an obstacle to presenting demands to the seller, including carrying out repair work (clause 5 of Article 18 of Law of the Russian Federation No. 2300-1). In this case, a contract, an acceptance certificate, and a payment receipt will suffice.

Is it required if there is a receipt for the goods?

If there is a receipt for payment, it can act as confirmation of the purchase of the product, even when there is no coupon (not given or lost), according to paragraph 5 of Article 18 of Law of the Russian Federation No. 2300-1. This is due to the fact that issuing a coupon is not a prerequisite for purchasing goods.

What should a buyer do if he has lost both documents?

Loss of paper does not deprive the buyer of the right to make claims to the seller. This rule is specified in paragraph 5 of Article 18 of Law of the Russian Federation No. 2300-1. Due to this circumstance, you can contact the distributor. But in this case, you will need to prove that the purchase was made at a retail outlet. The following may serve as evidence:

  1. explanations of witnesses;
  2. recordings from video surveillance cameras.

The methods of proof are not limited by law. Therefore, the buyer can use any data.

If lost, how can I restore it?

In order to restore the paper, you need to contact the seller who issued it. This will only be possible if the seller has kept a copy of the document. Essentially this makes no sense. Paperwork is not the responsibility of the seller. It is not required from the buyer either. For this reason, there is no point in wasting time and effort restoring the document.

A warranty card for the product is issued upon delivery of the product to the buyer. Its presence is not a prerequisite. If such a document is lost, you can make a claim to the seller. The following will serve as proof of purchase:

  • check;
  • contract of sale;
  • technical passport or instructions for the product;
  • as well as explanations from witnesses or video recordings.

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What is a battery warranty?

A warranty for a car battery, as for any other product, is usually referred to as the obligation of the manufacturer or official dealer to replace it if defects are detected. These faults must be factory faults and are warranted for a limited period. If a deviation from factory standards is detected, then clear criteria for replacing or repairing such a product must be provided.

Let's look further at what kind of warranty exists and whether it covers breakdowns of car batteries. It should be said right away that this only applies to cases of manufacturing defects. In these situations, a normal seller will either return the money or replace the battery with another one. But if the examination determines that the product was worn out due to improper use by the consumer, then the warranty will be denied.

Another situation that worries inexperienced drivers is whether the new car's warranty covers the battery. It turns out that when you buy a new car, the warranty on components is also maintained. But the dealer, as a rule, will try with all his might to prove that the battery was “killed” by incorrect operation.

Many people are not aware of who is responsible for fulfilling consumer rights when buying a new car or just a new battery. They rush to go to the store where the purchase was made. Reputable dealers value their reputation and will not refuse a client who has kept the sales receipt. But servicing of car batteries is usually performed by specialized service centers - representatives of the manufacturer.

Battery Warranty

The rights of battery buyers are protected by the Law “On the Protection of Consumer Rights”. It has federal significance, and therefore drivers in every part of the country can turn to it to defend their rights. If defects have been identified, then they have every right to demand that the product be replaced with a similar one or a refund of the money invested in the purchase. If a dispute arises between the seller and the consumer due to a faulty battery, the seller or manufacturer must conduct an evaluation at its own expense. On the other hand, if it turns out that the buyer is to blame for the battery failure, he must compensate for these additional costs.

Factory engine malfunction

Every case when problems begin in the car’s operation is a signal for the driver. A professional inspection of the vehicle, repair or replacement of parts is required. This is a security issue.

If a breakdown is discovered while the car’s warranty is still valid, then you need to contact a dealership for service . The warranty entitles you to free replacement parts or free repairs.

The replacement must be carried out within a certain period of time so as not to limit the rights and capabilities of the client:

  • First you should study your service book. According to the rules, the car must undergo a technical inspection according to the established schedule; if the car owner did not skip the required inspection, he can qualify for the maintenance service that is included in the warranty.
  • If the car owner did not comply with the technical inspection deadlines or applied for it at another center, the salon may refuse free repairs. Replacement of parts, often very expensive, in this case will be carried out at the expense of the car owner.

It is important to follow all the rules of the warranty period, fulfill its terms, so that you can count on and claim the opportunities and privileges that are provided by the guarantee.

Is it possible to replace or refund a car with a broken engine?

Yes. Can.

There are three options for a refund due to engine failure:

  1. The engine failure was discovered before 15 days had passed from the date of delivery of the vehicle to the buyer. You can demand a refund for the car or its replacement. In this case, the significance of the breakdown does not matter.
  2. Engine failure was discovered 15 days after the vehicle was delivered. In this case, in order to replace or refund the car, the defect must be significant.
  3. The dealer violated the warranty period for car repairs.

The latter is an independent basis for demanding a replacement of the car or a refund for it. It does not matter whether the deficiency was significant or not. According to the position of the Supreme Court of the Russian Federation, if the warranty repair period has been violated, this already indicates that the defect is significant, since it could not be eliminated within a reasonable time.

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