Car warranty repair periods

Issues discussed in the material:

• What is included in car warranty repairs?
• What is the legal warranty period for car repairs?
• For what reasons may a car be denied warranty repair?
• What to do if you were illegally denied warranty repairs

When purchasing a new car, the buyer hopes for a warranty period. A warranty is an opportunity to repair a car free of charge if it malfunctions. However, there are a huge number of factors that influence this process. This article will help you understand what warranty car repairs are, within what time frame they should be carried out, and when the seller can refuse free repairs to vehicle owners.

What is included in car warranty repairs?

The consumer protection law stipulates that the car manufacturer or its legal representative must ensure proper operation of vehicles during the entire warranty period, which is specified in the contract when purchasing a car. It should be noted that warranty terms may vary greatly between different car dealers. Be prepared to encounter an incomplete list of car components and different warranty periods for them.

When you buy a car, you are given a sales contract and a service book for use, which is regulated by the plant where the car was manufactured.

This document contains a list of everything that is subject to warranty repair, as well as a list of conditions and situations under which the owner of the vehicle is deprived of the right to free service. It should be noted that here, too, the requirements for car owners vary significantly. And naturally, it is better to know all these differences before such an expensive purchase.

There is an opinion among the population that all parts of the car are subject to warranty repairs, but, unfortunately, this is not the case. A machine is a complex technology consisting of a huge number of parts that sooner or later wear out and fail.

Therefore, only certain parts of vehicles are subject to warranty repair and maintenance. The list includes the body and its coating, power unit, shock absorption system, batteries, brakes, clutch, suspension stabilizers, various seals and gaskets.

Many vehicle parts cannot be replaced free of charge. You should not make a claim for warranty repair of the car in case of replacement:

• fluids (brake, antifreeze, antifreeze, etc.);
• fuel and oil filters;
• spark plugs;
• fuses;
• brake pads;
• light bulbs (interior, for headlights, etc.);
• drive belts.

These parts are consumable items and are never covered under warranty. Also keep in mind that vehicle damage caused by the intentional or careless actions of the car owner will most likely not be repaired for free either. As mentioned above, all conditions of warranty service are clearly stated in the contract.

Algorithm of actions

So, you understand that you cannot expect proper quality of work from the contractor, or instead of the promised 2 weeks, a month has already passed, and it has still not been possible to repair the premises and the repair is not even in the final stage. You should not listen to the contractor’s persuasion; it is necessary to record shortcomings and violations of deadlines in a separate Certificate or a certificate of acceptance of work (all or a separate stage of current repairs). Depending on whether you want the same contractor to eliminate defects, you have the right to:

• file a claim for termination of the contract and demand reimbursement of expenses for the work performed by another company;
• demand a reduction in the price of repairs;
• demand elimination of deficiencies or a refund.

Construction and technical expertise

The expert makes measurements and calculations, records the actual volume of work performed, the amount of work not completed and poorly performed; in addition, the expert can make a calculation of the overuse of materials.

Claim letter

Based on expertise and consumer legislation, lawyers draw up a reasoned claim indicating all the requirements and send it to the defendant.

Important

If the claims are not fulfilled voluntarily, the amount of the penalty imposed on the company or team that performed the repair work is very significant. Therefore, with qualified legal assistance, most disputes about the quality and timing of repairs can be resolved before trial.

Trial

Litigation can and should be done regardless of the provisions of the contract. In any case, the court will be guided by the provisions of the Law on the Protection of Consumer Rights, which provides for serious penalties for contractors who failed to carry out repairs or construction of a real estate property (whether it be an apartment in an apartment building, a summer house, a house or an office) in a quality and timely manner.

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Enforcement proceedings

After the court makes a decision, a writ of execution is sent to the defendant’s bank, according to which the required amount is transferred from his account to the plaintiff within three days.

Consumer rights related to vehicle warranty repairs

The rights of car owners are specified in Article 18 of Law No. 2300-1 “On the Protection of Consumer Rights” dated 02/07/1992.

In a situation where a car breaks down within 15 days from the date of purchase, the owner has the right to return it or replace it with a new one if, based on the results of an examination carried out by the car dealership, a manufacturing defect is discovered.

If a breakdown occurs later than 15 days after purchase, but during the warranty period, then the car owner can count on free repair of his vehicle.

In addition, the seller will need to take on the responsibility of delivering the car to the service center, and he must also do this free of charge (based on Part 7 of Article 18 of the Law). If this is not done, the buyer has the right to demand compensation for the costs of transporting the vehicle to the place of repair.

At the service center, the owner of the car is given a document that confirms the transfer of the vehicle and contains information about the date of the buyer’s request, about existing, in the consumer’s opinion, breakdowns, etc. It is preferable that all damage to the car be also described here; if possible, it should be attached photos.

Remember that the warranty period for a vehicle is extended by the amount of time during which it was repaired and not used (from the day the car owner contacted us about a car malfunction until the day it was received from the service center).

During the warranty repair, a replacement car is not issued, and the consumer has no right to demand it according to Decree of the Government of the Russian Federation No. 55 “List of durable goods that are not subject to the buyer’s requirement to provide him with a free supply for the period of repair or replacement of a similar product” dated January 19, 1998 G.

What the warranty may cover

The warranty period for construction work by law applies to any buildings being erected, for example, apartment or private buildings, commercial buildings, etc. In addition, the guarantee is provided for design and roofing work.

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In the latter case, the warranty period for the quality of the roof can range from two to ten years. The parties have the right to set their own time frames.

Design work also has a warranty period of two years, unless otherwise provided by agreement of the parties.

It is worth remembering that five years after the commissioning of the facility, the contractor is relieved of responsibility for the quality of the work performed by him. The exception is extended warranty periods provided for in a contract or agreement of the parties.

Legal warranty periods for car repairs

What is a guarantee? Essentially, this is the time when the seller is obliged to ensure that the car is repaired under warranty if it malfunctions. Most often, this period is 3 years, which must be specified in the purchase and sale agreement.

But in this section we will talk about a different issue. During what period of time must the car be repaired under warranty? All deadlines are clearly stated in the law, but, unfortunately, sellers often violate them.

Warranty repair periods in accordance with Art. 20 Federal Law:

• the repair must be completed within the period established by law, unless the owner and contractor have entered into an agreement indicating a different time period;
• repairs can last up to 45 days.

Everything is spelled out clearly and unambiguously in the law, without any unnecessary details or exceptions. However, many contractors try to impose their deadlines for completing repair work on car owners. This is often explained by the fact that the service center does not have the parts in stock that are necessary to repair the car, and their delivery takes time.

This is actually true, but this is the problem of the performer, not the consumer. According to the law, the lack of spare parts is not a reason to increase the warranty period for car repairs. The service center is required to repair the car within one and a half months.

In case of violation of this clause, the law provides for the following penalties for the performer:

• for each additional day, the contractor must pay the owner of the car 1% of its price or 3% of the cost of repairs;
• the owner has every right to demand the same new car or a cheaper model, but with an additional payment;
• the owner can also request payment of the full cost of the defective machine.

But be careful, within 45 days the contractor does not violate the rights of the buyer and the latter cannot demand a refund for the vehicle.

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Example of breach of warranty

The buyer contacted the 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:
  the breakdown was caused by the buyer;
• actions of third parties, for example, purchasing low-quality gasoline;
• 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.

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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 here.

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.

The main reasons for refusal of warranty car repairs

Free repair of a vehicle can only be carried out if the breakdown is due to defects of the manufacturer. If the car has become faulty due to the actions of the owner, then you should not apply for warranty repairs.

There are two types of reasons for denial of warranty service:

• legal;
• illegal.

A legal reason for refusing free repairs is an independent examination, the results of which revealed that a vehicle defect arose due to improper use by the car owner, third parties, or under the influence of some force majeure.

All other reasons are illegal.

For example, if the seller refuses to repair you under warranty because, in his opinion, you violated the rules for operating the vehicle, but does not confirm this with an examination, this is also illegal.

There are a lot of situations when manufacturers and sellers refuse free repairs to car owners and, as a rule, there are no good reasons for this.

Often, car dealers do not even provide explanations as to why they refuse warranty service or delay repairs, and simply ignore the demands and claims of car owners. Sometimes contractors offer to split the cost of repairing the vehicle in half. And it works, because many car owners, fearing that they will have to pay for repairs themselves, agree to such an offer in order to save at least half the amount.

But you should know that repairs at a dealer are significantly more expensive than at any other service center. Therefore, in fact, a person not only does not save his money, but also suffers real material damage that will never be compensated.

Most often, manufacturers refuse free repairs for reasons such as:

• improper operation of the vehicle;
• Maintenance or replacement of any parts of the car not at the dealer;
• the use of lubricants and combustible materials (gasoline, oil, etc.) of low quality;
• Repair of a faulty unit or component is an exception specified in the warranty conditions.

These reasons are legal, but only if confirmed by an independent expert.

Guarantees for types of construction work

Guarantees for certain types of construction or repair work are established depending on their complexity. Performance characteristics are also taken into account. However, the statutory minimum for repairs of 24 months and for construction of 60 months cannot be reduced. That is, if repairs were made, the contract was not concluded, and in words the contractor only guarantees a year of excellent service - the customer will still be able to apply for the elimination of defects within two years.

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However, it is necessary to understand that the detected flaw must be of a production nature. If it occurs due to wear and tear during normal operation, due to improper handling on the part of the customer or other violations, the contractor has the right to refuse warranty service.

In this situation, it may be necessary to conduct an independent examination, often at the expense of the customer. If it reveals quality defects in construction or repairs, then by law the responsibility for eliminating them will fall on the contractor. In this case, the customer can also demand compensation for damage, if any. In this situation, payment for the expert’s services is made at the expense of the contractor.

Additional questions

How to avoid poor-quality repairs

You can avoid poor-quality repairs at the stage of choosing a contractor, for this:

• Pay attention to the work experience of the construction company. It must be at least 3 years.
• Take the time to google reviews about your chosen contractor.
• Please carefully study the provided portfolio.
• Be sure to sign a contract.
• Refuse to pay in advance, except for the amount required for building materials.
• Take your time and explore several options before making your final choice.

It is enough to follow these simple rules and you can protect yourself from poor-quality repairs and further proceedings in court.

What construction work is not covered by the warranty?

Warranty periods for construction work are included in the contract. Over a period of time, deficiencies, collapses or defects may be identified. To exercise full rights under the warranty, it is necessary to clearly describe the requirements for the final object in the contract.

The developer cannot be held liable for warranty if the operating conditions of the construction work are violated.

When constructing a building, for example, different companies may be involved in assembly, fastening, installation and finishing. Additionally, hired organizations are responsible for performing their services if the contract between the developer and the buyer specifies the work of this company. Then the warranty period applies directly between the company and the buyer.

It is impossible to prove the guilt of construction representatives when the defects occurred due to time and normal wear and tear.

Upon the conclusion of the examination in favor of the developer, the guarantee is terminated.

Building services that have been damaged by natural disasters are not covered by the warranty.

Is it possible to refuse a warranty on construction work?

If deficiencies are discovered and reported to the contractor, the customer must determine a period for their elimination at the expense of the company, otherwise this will be regarded as a waiver of the guarantee for the services performed.

If the contractor offers a warranty period shorter than it is prescribed by law, this is regarded as an infringement of consumer rights and a violation of the provisions of Article 756 of the Civil Code of the Russian Federation.

What to do if the work was performed without a contract

A situation often arises when cooperation with the contractor was based only on a verbal agreement, but some time after the completion of the repairs, obvious defects and shortcomings were identified or the deadlines for completing the work were seriously missed.

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Without a signed bilateral contract specifying the terms of service, proving violations of the contract by the contractor will become difficult.

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In case of poor-quality repairs, it is proven in a sitting court that the contractor performed work in the house, because only under this condition is it possible to demand compensation from him for the losses incurred, as well as the return of financial resources.

To prove an oral contract, facts are required that confirm the existence of a working relationship. For example, these are witness statements, video and audio materials, and other written sources.

The situation when problems arise with repairs when it is impossible to provide a written contract is considered difficult, but not at all hopeless. But the resolution of such a dispute is entrusted to an experienced practicing lawyer.

After purchase, pipes leaked in the apartment or a crack appeared in the wall

If you are planning to purchase a home, carefully examine the property before signing the sales contract and deed of transfer. If you find any defects, be sure to indicate them in the transfer and acceptance certificate or refuse to purchase the apartment altogether if the defects seem significant to you.

If you have already purchased a home and over time discover that there is a large crack along the wall, do not rush to carry out repairs yourself.

If we are talking about a construction defect, the construction company is obliged to carry out repair work. In practice, many companies close quickly, but in this case you can also send a claim to the selling organization.

If necessary, the company will order an independent examination to confirm the cause of the defect and identify the person responsible for its formation. You have the right to order this check yourself. If the analysis confirms the presence of a construction defect, you will be able to recover from the defendant the cost of the costs incurred for the examination.

If the seller or construction company evades the correction of detected defects, it is necessary to file a corresponding claim in court.

Roof Warranty

The warranty for building materials is based on the service life from the product manufacturer and the work of the roofers during installation. Often these two guarantees are combined, and are defined as a general period for quality control.

The conditions for quality confirmation are affected by the cost of products and bases. If the material sample is stable, the guarantee can range from 15 to 50 years. However, if the operating instructions are not followed, the warranty will expire. Especially in the case where the consumer cannot confirm that he has followed all the proper precautions for using the product.

In most cases, defects or problems with the roof occur due to incorrect installation work.

The installation warranty must correspond to the service life of the material.

If materials, their thickness and waterproof coating are incompatible, the structure as a whole may suffer. If these conditions were proposed by the buyer, the installation company must warn that in the event of failure of individual elements, the warranty for work will not be taken into account.

Under the warranty, the company must reimburse the costs of repairs or make the corrections themselves and free of charge. To do this, you must submit an application to the organization that provided the services or material.

Warranty for building materials

By law, the warranty period for building materials is established by the buyer, and can only be changed in the case of an individual purchase and sale agreement.

In order to take advantage of free repairs or installations covered by the warranty period, you must have a warranty card, a receipt for the purchase of the product or service, as well as packaging of the material, if necessary.

The uniform minimum warranty period for installation or building material is 2 years (Article 10, Federal Law-214).

Based on the warranty document, the buyer has the right to demand:

• replace building material (installation service);
• return money;
• correct the defect;
• reimburse the funds spent on repairs or installation.

Within two weeks, construction materials or installation services should begin. If the manufacturer delays the deadline, according to the law, a penalty is imposed in the amount of 1 percent of the cost for each day of downtime.

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