What is the warranty for auto parts?
Feedback. The consumer’s absence of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony. The seller has the right to establish a warranty period for the product if it is not established by the manufacturer. The quality of spare parts is guaranteed by manufacturers. The warranty period is calculated from the moment the buyer receives the spare parts. Original spare parts have a warranty period of 2 months, unless a longer period has been established by the manufacturer.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!
- Legal warranty period for auto parts
- What is the legal warranty period for auto parts?
- Warranty conditions for auto parts
- Warranty and Returns
- Warranty period for auto parts under the Law “On Protection of Consumer Rights”
- Warranty and return of goods
Legal warranty period for auto parts
VIDEO ON THE TOPIC: Will there be a warranty for used spare parts?
Good day. Is there a legal warranty for auto parts? The situation is this: I changed the clutch on the car. Vehicle mileage after repair - km. The seller of the store where I bought all the parts says that the warranty is 14 days and it has already expired. The federal law on consumer protection adopted in Russia describes in detail what the buyer of auto parts has the right to.
Warranty for car parts according to consumer rights law
Attention Thus, 45 calendar days is the maximum period for warranty car repairs established by law. Important At the same time, as for auto parts, the buyer has the right to open the packaging and “try on” the part on his car, this will not be considered exploitation, but at the same time he must keep the packaging and bring it along with the product to the store if it does not fit. If, as a result of the examination of the goods, it is established that its defects arose due to circumstances,
We recommend reading: Claim for compensation for moral damage after beatings
How does the Law “On Protection of Consumer Rights” apply to spare parts during self-repair?
- Home /
- All news /
- How does the Law “On Protection of Consumer Rights” apply to spare parts during self-repair?
Question:
1. Does the Law on the Protection of Consumer Rights apply to the warranty on automobile spare parts when independently repairing a car without involving a specialized car service?
2. Is the buyer (client) obliged under the Consumer Rights Protection Law to install spare parts for cars in specialized services or does the buyer have the right to install them themselves?
Answer:
In accordance with paragraph 6 of Art. 5 of the Law The manufacturer (performer) has the right to establish a warranty period for the product (work) - the period during which, if a defect is detected in the product (work), the manufacturer (performer), seller, authorized organization or authorized individual entrepreneur, importer is obliged to satisfy the consumer’s requirements, established by Articles 18 and 29 of this Law.
The Consumer Rights Protection Law applies to the warranty for automobile spare parts, therefore, during the warranty period, the seller (manufacturer) in accordance with paragraph. 2 clause 6 art. 18 is responsible for defects in the goods unless he proves that they arose after the goods were transferred to the consumer due to the consumer’s violation of the rules for use, storage or transportation of the goods, actions of third parties or force majeure.
Since establishing a warranty period is a right, and not an obligation, of the seller (manufacturer), they can provide exceptions, including the conditions that warranty obligations do not apply to spare parts installed without the involvement of a specialized car service.
In case of violation of such conditions, the warranty obligations of the seller (supplier, manufacturer) will not apply.
If the consumer violates the terms of the warranty, it is considered that the warranty period for the product is not defined. In this case, you can use the provisions of paragraph. 1 hour 6 tbsp. 18 of the law, according to which the seller (manufacturer), authorized organization or authorized individual entrepreneur, importer is responsible for defects in goods for which there is no warranty period, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment .
However, in this case, the responsibility to prove the fact that the defects arose before the transfer of the goods to the consumer or for reasons that arose before the transfer of the goods to the consumer will lie with the consumer.
If the seller (manufacturer) does not establish a warranty period at all, then you can use the provision of clause 1 of Art. 19 of the Law, according to which, in relation to goods for which warranty periods or expiration dates have not been established, the consumer has the right to present the specified requirements if defects in the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, if longer periods are not established law or contract.
A longer period for filing a claim is provided, for example, clause 6 of Art. 19 of the Law, according to which, in the event of identifying significant defects in a product, the consumer has the right to present to the manufacturer (an authorized organization or an authorized individual entrepreneur, importer) a demand for the free elimination of such defects if he proves that they arose before the transfer of the product to the consumer or for reasons that arose before that moment. This requirement may be presented if defects in the goods are discovered after two years from the date of transfer of the goods to the consumer, during the service life established for the goods, or within ten years from the date of transfer of the goods to the consumer if the service life has not been established.
Technical expertise will serve as proof that significant defects arose before the goods were transferred to the consumer, or for reasons that arose before that moment.
Thus, the buyer (client) is not obliged to install spare parts for cars in specialized services. However, it is necessary to take into account the fact that the warranty obligations of the seller (supplier, manufacturer) will not be valid if the identified defects of the product arose in cases provided for by the warranty conditions established by the seller (manufacturer, supplier) of auto parts. In case of termination of warranty obligations, the burden of proving the fact that the defects arose before the transfer of the goods to the consumer rests with the consumer (with a valid warranty, the burden of proving the occurrence of defects after transfer to the buyer lies with the seller or manufacturer).
To understand the issue of the warranty period of auto parts, the consumer needs to familiarize himself with Federal Law No. 2300-1 “On the Protection of Consumer Rights,” namely, paragraph 6 of Article 5. It states that the manufacturer or seller can install or service warranty period.
The warranty period is the time interval during which the buyer, upon discovering a defect in the purchased product or service, has the right to contact the manufacturer or seller with a request to eliminate the defect, return or exchange the purchase, or reduce the price by the value of the existing defect.
The above law also applies to automobile spare parts. Accordingly, the seller’s or manufacturer’s side is responsible for defects in the product that have a warranty period if it cannot prove that the defect was received after the part was transferred to the buyer (clause 6 of Article 18 of Federal Law No. 2300-1).
If you want to find out how to solve your particular problem in 2020, please contact us through the online consultant form or call:
- Moscow.
- Saint Petersburg.
If the consumer can prove that the damage occurred before the goods were transferred to him, the seller or manufacturer are also responsible for defects in the part, even for which a warranty period was not provided (clause 6, article 18).
If the product does not have a warranty period, then, according to paragraph 1 of Article 19 of Federal Law No. 2300-1, a citizen has the right to contact the other party with a demand to eliminate the damage within a reasonable time, but not more than two years.
If we talk about spare automobile parts as components of the main product, then we need to rely on paragraph 3 of Article 19 of Law No. 2300-1. It states that the warranty period for component parts is established under the same conditions as for the main product, unless other rules are provided for in the agreement of the parties.
