How to write a claim to the service center for late warranty repairs?

Home / Complaints, courts, consumer rights / Services and consumer protection

Back

Published: 10/23/2018

Reading time: 4 min

0

252

If the phone breaks down during the warranty period, this is a reason to contact a service center for help.

• How to write a complaint to the service center
• Methods for filing a claim with the service center
• Deadline for responding to a complaint from the service center

However, problems may arise with this implementing organization. The most common of them: delay of goods in service. Here you should refer to the papers that were drawn up when the goods were accepted for repair. A special sheet must indicate the time frame within which the organization undertakes to carry out repair work. And if this period is not specified, then, in accordance with Article No. 20 of the Law “On Protection of Consumer Rights”, it should not exceed forty-five days.

The second common problem of interaction with service centers: refusal to accept the phone for repair. Organizations explain their decision by saying that the product was damaged due to the fault of the consumer, which means warranty repairs cannot be carried out.

In case of refusal to accept the phone for repair, the consumer has the right to insist on an independent examination at the expense of an authorized organization (Article No. 18 of the Law “On Protection of Consumer Rights”) and, based on its results, send a claim to the organization.

In addition, controversial issues with service centers may occur in cases such as:

• the work was performed poorly;
• the phone was damaged during work (new scratches appeared, etc.);
• working “original” parts were replaced with cheaper analogues.

Procedure for refunding money for poor quality repairs

Having received your property from repair, a situation may arise that it will not work again for long or will not work at all. What could be the reason? Most often, repairs to a computer, dishwasher, TV or other complex household appliances may be performed poorly .

How to be in this case? The money was paid, but the refrigerator did not work and still does not work, it turns out that the money was thrown away.

Do not despair ahead of time, since consumer rights are protected by the Law “On Protection of Consumer Rights”. This law contains Article 29, which is dedicated specifically to the rights of the consumer in the event of detection of deficiencies in the work performed or service provided.

What will be your plan of action if you discover that the contractor performed a poor quality repair, for example, of a TV?

It is necessary to determine your requirements for the contractor, namely:

• ♦ the contractor must eliminate the shortcomings free of charge;
• ♦ reduce the price for the work performed and, therefore, return the difference in price to you;
• ♦ perform repairs again;
• ♦ the contractor must reimburse expenses, if you incurred them, in connection with contacting a third party to repair, for example, a computer.

If the consumer discovers significant deficiencies in the repairs performed, then he has the right to refuse to fulfill the contract, demanding a refund.

After this, you should present the claim to the contractor in writing with a mandatory mark on your copy.

ATTENTION : A consumer protection claim must be made within the warranty period. If there is no such period, then the claim must be made within a reasonable time, within two years, from the day the consumer accepted the result of the repair.

Features of regular (non-warranty) equipment repairs

In the event that warranty repair of equipment is impossible, the breakdown is caused by mechanical stress on it or improper operating conditions, the owner of the faulty product has only to contact the service center and carry out repairs at his own expense.

Important!

Warranty repairs after equipment repairs performed at an unauthorized service center are not provided and the product is removed from service.

Poorly performed equipment repairs

Poor quality repairs of equipment can be characterized by the following points:

• if the service performed does not meet the quality specified in the contract;
• if the contract does not indicate the preferred result, and the work performed does not meet the usual requirements for the quality of the declared services;
• as a result of the repairs carried out, the equipment turned out to be unsuitable for its normal use;
• the result does not correspond to the declared sample for similar breakdowns;
• the result does not comply with the law.

If you have had your equipment repaired poorly, the consumer may make the following demands:

• elimination of deficiencies in the repair service provided without additional payment;
• reduction of the previously agreed price for the work;
• repeated repairs of equipment;
• reimbursement of expenses for correcting deficiencies from another specialist;
• termination of the contract with compensation for losses.

terms of repair of equipment and consequences of their failure

According to clause 4 of the rules of consumer services for the population in the Russian Federation, the contract for the provision of services (performance of work) is drawn up in writing (receipt, other document) and must contain information about the date of receipt and execution of the order (including). That is, the wording “estimated period” is not correct and the contract must specify the exact date of completion of the work.

The legislation does not establish an exact period for repairing equipment, however, when this data is not specified in the contract, then in accordance with the Civil Code of the Russian Federation, namely clause 2 of Art. 314 part 1 “in cases where the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, as well as in cases where the deadline for fulfilling the obligation is determined by the moment of demand, the obligation must be fulfilled within seven days from the date of presentation the creditor's demand for its fulfillment."

Accept claims and get free legal advice today!
Call: Moscow St. Petersburg +7 812 467-37-84

Hotline in the Russian Federation 8 800 350-83-09 (free)

Solve the problem now - a correct and justified complaint is the key to success!

An application for fulfillment of an obligation within seven days is drawn up in writing in two copies and sent to the executor with a note of receipt.

If the service center violates the repair deadline, the consumer has the right to:

• assign a new period, which will be specified in the contract for the provision of services;
• demand compensation for expenses incurred if the repairs were carried out by another person;
• demand a price reduction, and the recalculation is made taking into account the price of services at the time of presentation of the demand to refuse to perform the contract.

Important!

The service center does not have the right to demand payment for equipment repairs if the consumer refuses the contract due to his fault.

The legislator has not established a deadline for eliminating deficiencies in completed equipment repairs, however, according to Art. 30 of the Law “On Protection of Consumer Rights”, the contractor must eliminate them within a reasonable time. for the service in question, this period is usually 7 days.

Requests for a discount on work must be satisfied within 10 days from the date of their application.

Requests for reimbursement of expenses incurred by another contractor must be satisfied within 10 days.

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.

In case of violation of the deadlines for completing the work, the contractor pays the consumer a penalty (penalty) in the amount of 3% of the contract amount for the relevant services.

Refusal by the consumer from the contract in the event of a violation by the contractor of the work deadlines, as well as poor-quality repairs, entails a refund to the consumer of funds. The service center is obliged to return money for poor-quality repairs of equipment within 10 days from the date of filing the claim.

Where to complain if the contractor violates the terms of the contract, as well as in case of poor-quality repairs

If the service center refuses to comply with the consumer’s legal requirements, you must file a claim against the contractor for poor-quality equipment repairs or late repairs in writing, indicating the violation of your rights and one of the above requirements. The claim is sent to the contractor indicating the date of receipt and the signature of the person receiving it, or can be sent by registered mail.

If there is no response to the complaint, or a refusal to fulfill obligations is received, you should write a complaint to Rospotrebnadzor.

How to file a claim for poor quality equipment repairs

If the described measures have no effect and the service center evades fulfilling legal obligations, you should file a claim in court. The application must be accompanied by copies of the contract for the provision of services, the acceptance certificate (if any), the claim against the contractor, and other available documents.

In the statement of claim, the consumer must indicate one demand to eliminate the violation of his rights, a demand for reimbursement of legal costs, compensation for moral damage, as well as the amount of the penalty for the calculated period.

As judicial practice shows, cases of this kind are in most cases considered in favor of the consumer.

Independent examination of the quality of repairs

If the contractor does not respond to your complaint in any way or claims that he carried out the repairs properly, in this case you will need an expert opinion confirming that the repair, for example, of a TV was carried out poorly.

IMPORTANT : having decided to conduct an examination in order to identify deficiencies in the repairs performed, be sure to notify the contractor in writing or by telegram of the date, time and place of the examination.

After conducting the examination and receiving an expert’s opinion confirming the correctness of the claims you are making against the contractor, send this conclusion in copies to the Contractor, again presenting in writing the previously sent demands, for example, for the return of funds, as well as reimbursement of the costs of the examination.

The consumer's requirements must be satisfied by the contractor within 10 days. If the consumer's requirements are not satisfied, the latter has the right to file a lawsuit.

After the court makes a decision in your favor, you must contact the bailiff service, presenting a writ of execution issued on the basis of the court decision, and then the relevant authority will deal with the collection of funds.

USEFUL : the contractor must initially conduct an independent free examination of the quality of his repair. You are not deprived of the opportunity to challenge it, watch the VIDEO on how to do this:

Claim for poor-quality repair of a laptop or complex household appliances

When purchasing a technically complex product, such as a laptop, or other complex household appliances, the list of which is determined by Decree of the Government of the Russian Federation of November 10, 2011 No. 924, you cannot be sure that it will work flawlessly throughout the warranty period.

The warranty period is the period during which the buyer has the right to make demands to eliminate defects in the product and submit it for warranty repair.

If the repair of a laptop or other complex household appliances was performed poorly, then in this case it is better for the consumer to submit a written complaint regarding this matter.

The claim must indicate:

• name of the addressee and his address,
• indicate your details,
• state the circumstances of the case, i.e. when and what kind of product was purchased, what happened during its use, when it was handed over for repair and what the result of such repair was,
• at the end of the claim, indicate what the applicant is asking for, i.e. your requirements.

USEFUL : watch the VIDEO and learn more tips on filing a claim

Samples of documents for equipment repair

Below you can find standard forms and forms of documents that are used in relations related to warranty and routine repairs of equipment.

Sample warranty card for equipment

warranty card for equipment No.

Accept claims and get free legal advice today!
Call: Moscow +7 499 938-91-18 St. Petersburg +7 812 467-37-84

Hotline in the Russian Federation 8 800 350-83-09 (free)

Solve the problem now - a correct and justified complaint is the key to success!

Warranty obligations:

1. The warranty period is calculated from the date of delivery of the goods to the buyer.

2. If the above-mentioned product fails through no fault of the buyer, during the warranty period, the supplier undertakes to repair or replace the defective product without additional payment.

3. Warranty repairs and maintenance are carried out within __________ days at the service center of the seller of the product, only upon presentation of this warranty card. The warranty period is extended for the duration of the repair.

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.

4. The supplier disclaims warranty obligations in the following cases:

- in the presence of mechanical, chemical, thermal and other damage to the product - failure due to non-compliance with the rules for installation and operation of equipment. - opening, repair or modification of the product by unauthorized persons.

5. The warranty does not apply to consumables and other components that have a naturally limited service life

6. The seller is not responsible for the malfunction of unlicensed software and does not provide free advice on these issues.

7. When making claims regarding the operation of the Purchased Item caused by the incompetence of the buyer, the seller has the right to charge a consultation fee.

8. During the period of warranty repair of equipment, similar serviceable equipment will not be issued.

9. Lost profits due to a malfunction and other indirect expenses are not subject to reimbursement.

10. The warranty does not cover damage caused to other equipment.

11. All shipping costs are at the buyer's expense and are not refundable.

buyer's representative: /____________ /____________ / _______________________/ (date) (signature) (decryption)

Accept claims and get free legal advice today!
Call: Moscow St. Petersburg +7 812 467-37-84

Hotline in the Russian Federation 8 800 350-83-09 (free)

Solve the problem now - a correct and justified complaint is the key to success!

Sample claim for poor quality repair of equipment

to the head of the organization: address: from _____________________________________ (full name of the Applicant)

address:

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.

Claim for poor quality repair of equipment

“___”____________ _______ I entered into an agreement with your organization for the repair of the following equipment:

brand, model):________________;

color: _________________.

confirmation of the conclusion of this agreement is receipt No. ________ dated “___”____________ ______.

in accordance with the terms of the agreement, I paid the cost of repair work in the amount of _________________ (_______________________) rubles.

your organization has undertaken to repair (indicate which parts the organization had to replace and which to repair).

however, at the time of receipt/after turning on the goods/under other circumstances ________________________________, I discovered that the repairs were performed poorly, namely (indicate the detected problems and other facts of non-fulfillment of obligations under the contract).

in accordance with Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the contractor is obliged to perform high-quality work under the contract.

in accordance with Art. 29 of the above law, when discovering deficiencies in the work performed, the consumer has the right, at his choice, to demand:

• free elimination of deficiencies in the work performed; a corresponding reduction in the price of the work performed;
• free re-performance of work;
• reimbursement of expenses incurred by him to eliminate deficiencies in the work performed on his own or by third parties.

based on the above and in accordance with Art. Art. 4, 29 of the Law of the Russian Federation “On the Protection of Consumer Rights” I demand:

(please specify one of the requirements)

within ________ days from the receipt of this claim.

Accept claims and get free legal advice today!
Call: Moscow +7 499 938-91-18 St. Petersburg +7 812 467-37-84

Hotline in the Russian Federation 8 800 350-83-09 (free)

Solve the problem now - a correct and justified complaint is the key to success!

If the claim is not satisfied voluntarily, I will be forced to seek protection of my rights in court. in this case, in addition to the requirement specified in this claim, I will file a claim for compensation for moral damage caused by the violation of my rights, in accordance with Art. 15 of the Law “On Protection of Consumer Rights”.

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.

Please provide a response to the claim within ______ days from the date of receipt of this claim.

_______________________________/_______________/ (signature) (full name)

"___"_____________ _______ G.

Where can I complain about poor-quality repairs of household and computer equipment?

Since poor-quality repairs of household and computer equipment are associated with consumer rights, or rather with their protection, you can file a complaint for the protection of consumer rights with the following authorities:

1. Rospotrebnadzor
2. Consumer Protection Committees
3. Prosecutor's office.

These authorities will conduct an investigation into the facts stated by the applicant in the complaint and send a response.

Do not forget that these bodies are not judicial bodies, so if your demands are related to the return of funds, compensation for damage, etc., then you must go to court, and the results of the inspection of Rospotrebnadzor and the prosecutor’s office will be one of the proofs of violation of your rights by the contractor .

Before contacting these authorities, you must submit a written complaint to the contractor, and subsequently attach documents to the complaint to confirm the fact of contacting the contractor directly and his non-fulfillment of your requirements,

If Rospotrebnadzor or the prosecutor's office determines that a violation of consumer rights has been committed, they will issue an order to the contractor to eliminate the violations, and may also bring administrative liability.