Guarantees guarantee the quality of the services provided. Additional warranty

The warranty period or basic guarantee is the period during which, in the event of a defect in the product (work), the manufacturer (performer), seller, authorized organization or authorized individual entrepreneur, importer are obliged to satisfy the consumer's requirements free of charge, established by Articles 18 and 29 of the Law of 7 February 1992 No. 2300-1 “On the protection of consumer rights.

In recent years, large hardware stores have begun to introduce additional service certificates. Such certificates have an additional cost and a certain validity period from 1 to 5 years. The cost of the certificate, as a rule, is based on the cost of the purchased product and the possible period of its use chosen by the consumer.

When purchasing household appliances in a store, as a rule, sales consultants try as best as possible to present you with all the advantages of this certificate for additional service in the event of a product malfunction during operation. If you nevertheless decide to purchase this type of service, carefully read all the clauses of the conditions for providing an additional guarantee. Before signing the contract, check the certificate's effective dates.

Very often, stores use a trick: in the main and additional guarantees they put the same effective date of the guarantee, thereby deceiving the unknowing consumer. That is, if the start dates of the main and additional guarantees coincide, then most likely the guarantees expire at the same time. Consequently, after this period it is no longer possible to use the additional service. It is necessary to ensure that the additional guarantee comes after the expiration of the main one.

There are cases when, when purchasing a particular product, the consumer does not even mean that he is purchasing a certificate for additional service. Without notifying the buyer, the seller includes the cost of this service in the amount paid. The seller has no right to perform additional work or services for a fee without the consumer’s consent. The consumer has the right to refuse to pay for such work and services, and if they are paid, to demand that the seller return the amount paid.

In accordance with paragraph 1 of Art. 421 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code), citizens and legal entities are free to enter into an agreement. Compulsion to enter into an agreement is not permitted, except in cases where the obligation to enter into an agreement is provided for by the Civil Code of the Russian Federation, the law or a voluntarily accepted obligation. Clause 2 of Art. 16 of the Law of the Russian Federation “On the Protection of Consumer Rights” prohibits making the purchase of some goods conditional on the mandatory purchase of other goods (for example, a certificate of an additional service program).

The purchased product and certificate are in your hands. During operation during the period of the main and additional warranty, no breakdowns occurred and you, naturally, did not use the additional service certificate. In this case, you can try to return the money paid for the certificate, but this must be done at least a few days before its expiration. To do this, you need to come to the store where the product and certificate were purchased with a claim and demand a refund of the amount paid for a service that you did not use. (Article 32 of the Law “On Protection of Consumer Rights”).

The claim must be accompanied by a copy of the sales receipt, sales receipt and a copy of the additional service program certificate. When accepting a claim, the seller, or an authorized person, must mark its acceptance. The store must return the money within ten days. If your claim is rejected, you can file a claim in court.

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. The Civil Code regulates the guarantee for the quality of products sold (Article 470 of the Civil Code of the Russian Federation), for work performed (Article 722 of the Civil Code of the Russian Federation) and for construction work (Article 755 of the Civil Code of the Russian Federation).

The warranty period under 44 Federal Laws depends on the nature of the products supplied, work performed or services provided. For cars and other vehicles it is installed for a period of 2 years, for household appliances - from 6 months. For construction projects, this period is determined for at least 5 years.

If the technical documents for the supply of machinery and equipment contain warranty requirements, then the customer is obliged to specify in the procurement documentation its duration, quality scope, maintenance requirements, maintenance costs, installation and commissioning of equipment for the entire warranty period. If you are choosing a supplier of new machinery and equipment, include in the documentation the requirements for the manufacturer's or supplier's warranty, as well as its validity period. Documents are transferred and filled out along with the goods.

How to establish a product warranty

All products purchased and supplied to the customer must comply with the conditions established by the contract (Article 469 of the Civil Code of the Russian Federation). Goods must meet such conditions for a specific time period (Article 470 of the Civil Code of the Russian Federation). This period of time determines the warranty for the product.

Obligations must apply both to the product itself and to all its components. The terms must be equal (unless otherwise provided in the contract). The validity period, which is necessarily included in the sample supplier’s guarantee for the product, must begin from the moment the product is delivered to the government customer. It is interrupted for a period when the customer, for one reason or another, is unable to use the product, which must be proven. The supplier's liability will arise if the defects arose before the acceptance of the goods by the government customer or for reasons that occurred before the date of acceptance (clause 5 of Article 477 of the Civil Code of the Russian Federation).

Sample product quality guarantee from a 2019 government contract:

How to establish a guarantee for work performance

The quality of the work performed by the contractor must fully comply with the conditions established by the contract during the warranty period (Article 721 of the Civil Code of the Russian Federation). Information on how to register a guarantee in a work contract can be found in clause 6 of Art. 724 Civil Code of the Russian Federation. The rules are the same as for goods.

The contractor's liability occurs beyond the period specified in the contract, but within a 2-year period from the date of signing the acceptance certificate for the work performed, if the customer proves that the defects arose before the transfer of work (clause 4 of Article 724 of the Civil Code of the Russian Federation).

How to establish a guarantee for the provision of services

The obligation lasts for a period during which the quality of the service provided will be maintained. Legal regulation is similar to goods and works. The difficulty is that it is impossible to determine the period for an intangible service. Services, the result of which is material implementation, have their own guarantee period, which is prescribed by the parties in the contract, based on current legislative norms.

How to register the warranty service procedure

This concept is not defined in 44-FZ, but on the basis of Part 4 of Art. 33 44-FZ, the customer has the right to set the service period for GWS, as well as the scope of providing quality and service guarantees. If machinery and equipment are purchased, the customer is required to establish such warranty service requirements.

If defects in goods or shortcomings in works and services were not specified by the contractor, and the customer discovered them during the warranty period, then the buyer has the right to demand that the supplier correct the violations free of charge (clause 1 of Article 475, clause 2 of Article 477 of the Civil Code of the Russian Federation) .

The contract specifies such service along with the warranty period. In the contractual terms, the obligation is understood as the supplier’s performance of work to eliminate shortcomings and defects identified after acceptance of the GWS purchased by the customer, but during the warranty period. It can also include technical and other maintenance, technical inspection, replacement of parts, etc. (Letter of the Federal Tax Service No. 20-12/092926 dated 10/03/2008).

How to ensure warranty obligations

Providing warranty obligations under 44-FZ is money or a bank guarantee that must be provided to the customer for the period of service. From July 1, 2019, government customers have the right to include a provision for such security in the contract.

How to determine the amount of security

How to prescribe the procedure and terms of provision

When determining the procedure and period for providing security for the fulfillment of warranty obligations under 44 Federal Laws, keep in mind that you can only sign an acceptance certificate when the supplier has provided warranty obligations. In Part 3 of Art. 96 44-FZ stipulates that for this purpose the supplier transfers or sends money to the customer’s account. As for the period, you need to add one month to the service period, then you get the minimum period for “freezing” the customer’s money or the validity of the bank’s guarantee.

For example, if in government procurement of construction work for a capital construction project the government customer specifies a guarantee period of 5 years, then the contractor will have to obtain a bank guarantee for 5 years + 1 month. or “freeze” money for this period in the customer’s personal account.

The customer requires guarantees under the contract even if. For example, in an electronic request for quotations for the supply of computer equipment. With this method of determining the supplier, establishing contract security is the customer’s right, not an obligation.

Both government institutions and small businesses (SMB) need to provide a guarantee. This is enshrined in parts 8 and 8.1. Art. 96 of the contract system law.

On the website of the Department for Development of the Contract System of the Krasnodar Territory, contracts with amendments dated July 1, 2019 for the purchase of goods, works and services are posted. Section No. 7 of the contract for the supply of goods details the procedure for providing security.

How to accept collateral

Accept before you sign the acceptance documents. The law on the contract system does not stipulate how to accept warranty obligations if the goods are delivered in parts (for example, a supplier ships computer equipment in batches).

According to Part 7.1 of Art. 94 44-FZ, the supplier must not provide warranty service when the stage is closed. But the deadline for the batch runs immediately after shipment and execution of acceptance documents. If you do not require guaranteed service for a part of the product that the customer already has, fulfillment of these obligations is not guaranteed. Therefore, do not register acceptance if you have established warranty requirements. And if you need to accept parts in parts without options, then demand that guarantees be provided for the volume of products already shipped.

The total collateral provided should not exceed 10 percent of the NMCC.

How to change collateral

In Part 7 of Art. 96 44-FZ states that as long as the warranty obligations are secured, the supplier has the right to change the type of security. For example, return the money and provide a bank guarantee in return.

The amount of the guarantee cannot be reduced.

How to return collateral

Changes to 44 Federal Laws on ensuring warranty obligations did not determine the period for returning money. Use by analogy the deadlines provided for the return of contract security. This money is returned for all contracts no later than 30 days from the date of acceptance, and in purchases with restrictions for SMP within 15 days (Part 27, Article 34 44-FZ). You can prescribe another reasonable deadline for returning money to the supplier.

Warranty obligations under the Civil Code of the Russian Federation can be legal and contractual (Article 470 of the Civil Code of the Russian Federation). By indicating the warranty period, the contractor vouches for the quality of the transferred goods throughout the entire warranty period and assumes obligations to eliminate defects identified before the end of the warranty period.

Types of Warranties

By purchasing, the consumer receives along with the product a warranty from the manufacturer, who confirms with this obligation:

• the product has the required conditions when purchased;
• during the period of time defined as the warranty period, will be able to function uninterruptedly.

Article 470 establishes two types of warranty obligations in relation to goods: the so-called legal and contractual (clauses 1-2 of Article 470 of the Civil Code of the Russian Federation).

• Legal warranty obligations- this is the seller’s statement that at the time of transfer of the goods there are no defects in it that affect its value or ability to be used in the conditions for which it was purchased. The product will function properly within a reasonable time.
• Additional or contractual guarantee(Clause 3 of Article 470 of the Civil Code of the Russian Federation) is the responsibility of the seller, a guarantee that the product will properly perform its functions during the warranty period. The contractual warranty applies, unless otherwise agreed, to all components and components.

The concept of a warranty period

The user can receive free elimination of defects if they occur during the warranty period. It is the manufacturer of the goods, not the trade workers, who is charged with correcting the defect. The warranty period starts from the date of purchase (Article 19 of the Labor Code).

• If the date of sale is not fixed, the warranty period is counted from the date of manufacture indicated in the technical passport or similar document from the manufacturer.
• If the product is seasonal, the warranty period is counted not from the date of sale, but from the date of the period for which the item was purchased.
• If the product is purchased online, the warranty period starts from the delivery date.
• If the manufacturer has not established a warranty period, it is assigned by the seller.

Buyer's rights during the warranty period

note

If the warranty repair period is not specified, the breakdown must be repaired immediately or as soon as possible. The maximum repair period for a warranty product is 45 days. However, it is worth considering that the time frame for free troubleshooting varies for different products.

The buyer has the right to receive the cost of the product, free guaranteed repair, replacement with the same or similar model of the product, and a proportionate reduction in price.

The obligation to answer for warranty obligations rests with the seller, manufacturer or importing company that imports products into the country.

The rights and obligations of suppliers of goods covered by warranty service are enshrined in Art. 5 STD.

Warranty obligations apply to goods purchased in the Russian Federation.

Warranty period after repair

If a product under warranty breaks down, the date of delivery for repair and return receipt is recorded. The time that the buyer did not use the product due to its being under repair is deducted from the warranty period. For example, if the warranty period is 12 months, six months after purchase the product breaks down and ends up in a service workshop, where it stays for 2 months, then, upon completion of the repair, the warranty period is extended for the duration of the repair.

As for durable goods (their list is established by the Government of the Russian Federation), the seller, at the consumer’s request, provides a similar product for free use during repairs. Delivery is made within three days at the expense of the seller.

The customer of the service has the right to make demands to eliminate violations if they turn out to be covered by warranty. In the absence of a guarantee - for 2 years.

Responsibility when performing work and providing services

The law provides for manufacturer liability for unsuitable quality. Warranty obligations under a contract are established by Chapter 37 of the Civil Code of the Russian Federation. There are different types of contracts:

Did you know

Article 32 of the PZPP establishes the right of a citizen to unilaterally refuse a contract of work or services. The main condition for such a refusal is payment of all expenses that were incurred by the contractor in the process of performing the work or service. Read more in this

• household and construction;
• to carry out design and survey work;
• according to government orders.

The quality of the contractor’s work must meet the terms of the contract (Article 721 of the Civil Code of the Russian Federation) or the requirements usually imposed on work of this type. The guarantee period is counted from the date of execution (Article 457 of the Civil Code of the Russian Federation) and is established by the contract. The deadline for detecting work deficiencies is two years.

The warranty period is interrupted while the defect is eliminated (clause 3 of Article 755 of the Civil Code of the Russian Federation).

The consumer is obliged to report any defects or malfunctions identified during the warranty period within a reasonable time after their discovery (Clause 4 of Article 755 of the Civil Code of the Russian Federation). If, according to the contract, the warranty period is less than 2 years and defects are found after the end of the warranty period, but within 2 years, the customer must prove that the defects occurred through no fault of his own.

For construction contracts, the deadline for detecting defects is 5 years.

The procedure for the provision of communication services, medicine, veterinary medicine, audit, training, information, and tourist services is enshrined in Art. 779-783 Civil Code of the Russian Federation.

The service is provided in person, unless otherwise agreed by agreement of the parties.

Warranty obligations under the service agreement are regulated by the general provisions of articles on household contracts (Articles 702-729, 730-739 of the Civil Code of the Russian Federation). The provisions of the law apply to contracts for the provision of services, unless this contradicts Articles 779-782 of the Code, as well as the specifics of the subject of the contract for the provision of paid services.

Warranty obligations under the supply contract mean that the supplier guarantees the quality of the product and warranty service for 12 months from the date of sale of the product to the end consumer and 24 months from the date of manufacture of the product, in case of detection of defects before its sale.

Guarantee obligation applies to work that does not have a specified warranty period. In this case, the consumer will have to prove that the defect appeared before the work was accepted or for reasons that occurred before the work was performed.

Example of breach of warranty

A buyer contacted a car dealership with a breakdown of the heating system in a car that was under warranty. The seller made repairs, but after some time this particular part broke again. The fan motor was replaced, the seller declared this type of repair out of warranty and demanded payment for the cost of the work. At the same time, in the service book this type of breakdown is not listed as non-warranty.

What the seller is wrong about:

• Only the following cases are considered non-warranty:
  1. the breakdown was caused by the buyer;
  2. actions of third parties, for example, purchasing low-quality gasoline;
  3. due to force majeure circumstances (hurricane, flood, etc.).

  This rule is enshrined in paragraph 6 of Art. 18 ZPPP. No other cases can be considered non-warranty.

• If the warranty period has not expired, the seller has the right to refuse repairs only if he can prove the presence of one of the above factors, the occurrence of which deprives the car owner of the right to free repairs.

As a rule, proof is made through an examination.

Therefore, in this situation, the buyer must make a written claim in which he demands to provide evidence that the breakdown of the blower system is a non-warranty event. According to Art. 28 of the Law of the Russian Federation, proof rests with the seller.

If the store refuses to return the car from warranty repairs, the claim indicates a violation of the terms of warranty repairs (Article 20 of the Labor Code).

For violation of the deadline, the seller is obliged to pay a penalty (fine). A calculator for calculating penalties for failure by the seller to fulfill his obligations can be found.

The seller is given from 7 to 20 days to consider the claim, depending on whether a quality check will be assigned.

If after this period the request is refused or there is no response, you should go to court. The statement of claim is accompanied by the seller’s response, if given, copies of the registration certificate, payment receipts, and other documents for the car.

The plaintiff is exempt from paying the state fee.

To find out more information, ask questions in the comments to the article.

We answer the most popular questions about the warranty.

We are all buyers, and from time to time we have to use the warranty on the purchased goods. However, if any shortcomings are discovered, it is not always possible to return or exchange the product without problems. So what is a guarantee and how to use it? Is there “life” after the warranty?

What is the warranty period and who sets it?

The warranty period of a product is the period during which the buyer can make claims to the manufacturer or seller for the low-quality goods he purchased, and the seller is obliged to satisfy these claims. The expiration date begins from the day the product was purchased, but if the day the product was sold is unknown, the starting point becomes the date of manufacture. “The warranty period can be set by both the manufacturer and the seller - this is stated in Article 5 of the Law “On the Protection of Consumer Rights,” explains Rodion Yuryev, head of the Yuriev Legal Bureau. - However, the seller cannot reduce the warranty period established by the manufacturer - he can only extend it. If the warranty period is not established by either the manufacturer or the seller, it will be equal to 2 years from the date of purchase (".

It is worth noting that the manufacturer also has the right to set the terms of the warranty. The buyer is obliged to comply with the operating rules and follow the product instructions. For example, a car owner must carry out regular maintenance.

What does the guarantee provide to the buyer?

Leading legal adviser of the Basalt company Marina Klepko notes that if the product turns out to be of inadequate quality (with the exception of technically complex goods), in accordance with Article 18 of the Law “On Protection of Consumer Rights” you can demand:

• proportionate reduction in price;
• replacing the product with a similar one;
• free repairs or reimbursement of repair costs;
• refund.

It is worth mentioning separately about technically complex products. If significant defects are found, you can also count on a refund of the full cost of the product and an exchange, however, such claims can only be made within 15 days after purchase. After this period, only repairs are possible.

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.

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 (.

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.

How does the warranty work if the product is purchased abroad?

A foreign manufacturer is not obliged to provide a guarantee for the product, but may do so of its own free will. Russian laws do not apply in such situations, and even going to court is impossible. If there is a Russian representative office of a foreign company, it is worth contacting them and, perhaps, they will exchange the goods or offer you repairs.

Can the manufacturer refuse to provide a warranty?

The manufacturer or seller has the right to refuse a warranty if the buyer has violated the operating conditions. True, in order to refuse warranty service to the consumer, the seller must prove that the defects arose after the transfer of the goods, for example, due to violation of use, storage, transportation or the actions of third parties - this is stated in Article 476 of the Civil Code of the Russian Federation. If this is not proven, the consumer does not have the right to refuse warranty service.

What should I do if the warranty has expired and the product is broken?

If the warranty period of the product has expired, the seller has every right to refuse service to the consumer. However, there is such a thing as service life - this is the period during which the manufacturer is responsible for significant deficiencies that arise through his fault, and ensures the possibility of using the product for its intended purpose (). “To be entitled to warranty service in this case, the buyer must prove that the cause of the breakdown is not his fault, and the defects arose due to the fault of the manufacturer even before the delivery of the goods. Of course, in practice this is very difficult to prove. By the way, if the warranty period of the product is less than two years, and defects in the product were discovered after the expiration of the period (but within two years), you have the right to service if you prove that the defects in the product arose before its purchase.

Here is a clear example of how warranty service works even after the warranty period has expired. The sofa of one of the IKEA store customers broke down a year and a half after purchase. The warranty period was only 1 year, so the service center refused to find a suitable part and repair. We wrote to the IKEA press service asking for comment on this problem, and after some time we received an answer: the service life of the sofa is 10 years, and therefore the company is ready to issue a spare part to the buyer. Later we found out that IKEA employees themselves contacted the buyer and decided not to just issue a spare part - they replaced the sofa completely!

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