What to do if you were deceived in the service center? How to hand over the equipment for warranty repair

Every piece of equipment fails sooner or later. It is considered that you are lucky if the warranty period has not yet expired. But in practice, service centers are in no hurry to repair equipment even under warranty. Why this happens and what to do with failed equipment, read on.

In the early 90s, the first copies of foreign equipment began to enter our market. At that time, there were not so many service shops ready to take on the repair of the same Sony. And if the equipment failed, then, as a rule, it was either thrown away or left "until better times." Nowadays, the situation has changed radically - almost every large hardware store has its own service workshops. In addition, the brands themselves are trying to expand the network of their own authorized services. In theory, there should not be any problems with the warranty repair of equipment. However, it is not. Very often, consumers complain that services increasingly do not recognize the case as a warranty case and offer to fix the breakdown for money. Only you and I are interested in honest performance of warranty obligations for repairs. Let's see why this happens and what to do in cases where the service refuses warranty repairs.

Why

Let's say the player you recently purchased broke down. The warranty period has not yet expired. Under the Consumer Protection Act, you can request a free repair, exchange of a product for a similar one, or a refund. As a rule, when contacting the seller with a request for an exchange of goods or a refund, he will send you to service center repair a broken thing (although he does not have the right to impose repairs, more on that later). Actually, this desire of the seller is understandable - if he exchanges the goods for you or returns the money, then he himself will have to deal with the manufacturer and seek a refund for the defective item. Thus, stores are trying to get rid of these "butts" with the supplier.

As a rule, manufacturers and suppliers of equipment (they are called vendors) do not have their own services. Opening a service is expensive and not profitable, so suppliers enter into contracts with existing service workshops. This process is called authorization. Remember how often you heard the phrase "authorized service"? This means that the manufacturer has entered into an agreement with this service, thereby officially confirming that this service can repair the goods of this manufacturer and is fully responsible for this.

Under an agreement with the manufacturer, the device under warranty must be repaired by an authorized service at its own expense. All parts are also bought by the service for their own money. And the manufacturer, for example, once a month compensates the service for all the costs of spare parts and pays for repair services. But this does not always happen - if the manufacturer suspects that the case was not under warranty - the workshop will not receive a penny for this repair. Samsung especially often practices this - it carefully checks all cases, and for any "inconsistencies" it does not pay for repairs. This is due to their commitment to a three-year warranty. On average, the manufacturer does not pay up to 5% of all repairs. For some positions up to 10%.

This is the first reason why services do not want to undertake warranty repairs of equipment - there is a possibility that they will not be paid for this repair and they will remain at a loss.

The second reason is that repairing under warranty is simply not profitable for the service. After all, according to the contract concluded with the manufacturer, he must provide a solid discount to the supplier when paying for the warranty repair. For some groups of goods, this discount can reach 75% of the repair cost. Agree, it is not very profitable for the service to receive only 25% of the repair cost from the manufacturer. And taking into account the fact that the average profitability of a service workshop is about 3%, the business only on warranty repairs becomes practically unprofitable.

For these two reasons, the workshops are trying with all their might to prove to you that your case is not under warranty and repairs are possible only for your money. It is understandable. In this case, they will receive real money for repairs and spare parts, and will not wait for the manufacturer to pay them this money (and whether it will pay at all and how much is another question).

As a rule, the prices for such repairs can be compared with the cost of the product itself. This is due to the fact that the workshops, due to such non-warranty cases, compensate for their costs associated with warranty repairs (manufacturer discounts, refusals to pay for repairs, etc.), winding up the price tag two to three times. Another reason for such high prices for non-warranty and post-warranty repairs is the too expensive prices for spare parts supplied by the manufacturer. A TV in a store costs half as much as all the parts combined that make up this TV. The manufacturer's idea is clear - no need to repair, you need to buy a new one.

What to do

It is better not to contact the warranty repair. For the reasons described above, it is unprofitable for the service to make such repairs, so they will try to prove by hook or by crook that the case is not guaranteed.

If during the warranty period something happened to your TV, for example, and it is not your fault, then in accordance with Article 18 of the Consumer Rights Protection Law (LOZPP), you have the right to demand from the seller:
- replacement of goods with goods of the same brand;
- replacement of goods for goods of another brand with a surcharge;
- decrease in the price of goods;
- free repair of goods;
- money back.

If the seller refuses to return your money or exchange the product for another, and sends you to a service shop for repair (and you don’t want to repair, you need money), then you should know that this is completely illegal. You need to write written claim, where to state their requirements and refer to Article 18 of the Law "On Protection of Consumer Rights". Be sure to sign the second copy with the seller. If he does not accept the application - send by registered mail with a description of the attachment and with a notice of receipt. Within 10 days, the seller is obliged to independently conduct an examination and find out what happened to the goods. After this period, he must either return the money to you, or justify his refusal. Remember that for each day of delay, you are entitled to a penalty of 1% of the value of the goods for each day of delay (Articles 22 and 23 of the LOA).

If the seller did not respond to your claim, then contact the local branch of Rospotrebnadzor or directly to the court. The store will be penalized for non-compliance with the Consumer Protection Law and will be required to comply with your requirements. But, as a rule, the case does not reach the court - the store returns the money.

Most citizens fear that during the examination of the goods, the seller may intentionally cause damage, thereby turning your case into a non-warranty one. In this case, they should not return your money and change the goods - the damage was allegedly caused by you.

To remove these concerns, we recommend that you independently carry out an examination of the goods by contacting an independent service workshop (a workshop is a party not interested in your dispute). In the event that the examination shows that you are not to blame for the damage, the seller will be obliged to pay all your expenses for the examination. A free examination can be carried out in an authorized service. When you return the device, write on the receipt that you refuse to repair and want an inspection to be carried out and the cause of the malfunction determined. The authorized service has no right to refuse such a request. Note that the terms of such verification are not established by law and are determined by the agreement between you and the service.

But what to do if you are still going to hand over the device to the service for warranty repair?

Before handing over the device, be sure to check that all abrasions and scratches are recorded in the receipt (so that later it “suddenly” does not turn out that there was a crack on the case and the case turned out to be out of warranty). Demand that all visible damage be included on the receipt, and not just the wording “used”. In this case, it will be difficult to fabricate evidence that the case is not guaranteed.

Be aware that if the receipt does not indicate the timing of the repair, then according to the Consumer Protection Law, the repair must be carried out immediately (Article 20, paragraph 1 of the LOZPP). You can write an additional application, where you indicate the period during which the repair must be made, for example, 7 days.

If the repair is not completed within the specified period, then you have the right to refuse the repair, pick up the device and demand money from the seller. Or, not to take the device out of repair, but to demand payment of a penalty in the amount of 1% of the cost of the goods per day (Article 23 of the LOZPP). At the same time, the lack of spare parts is not a basis for extending the period and does not exempt from liability for violation of the repair period (Article 20, Clause 1 of the RFP).

It is also important to know that the general warranty period of the goods is extended by the period that it was under repair (Article 20, paragraph 3 of the RFPO).

And finally, you can demand that the workshop provide you with a similar product for use during the repair period (Article 20, paragraph 2 of the RFPO). The application must be made in writing and handed over to the workshop employee against signature.

All recommendations given in the article are valid only if the device broke down by itself, without anyone's help (if you dropped the phone and it stopped working, then this is no longer a warranty case, and you will have to pay for repairs)

Source: http://impravo.ru/instruction/187-garantijnye-obyazatelstva.html

Last updated January 2019

The most common requirement of the consumer when identifying a defect in the goods is a warranty repair. According to the law, all costs in connection with its implementation are borne by the seller, the manufacturer or the organization that imported the goods from abroad (hereinafter referred to as the obligated person). Naturally, to evade such a burden is one of the first tasks of the seller (manufacturer, importer).

We have compiled detailed instructions, following which you can achieve quality repair warranty in a short time.

What you need to know

First, let's deal with the main points that you need to know when finding deficiencies and submitting a repair request.

What deficiencies need to be corrected

The defect is subject to elimination if it was not provided for in the contract or otherwise specified by the buyer during the sale. So carefully look at the documents for the goods, and if they indicate that the goods were purchased with a defect (for example, a refrigerator whose lighting does not work freezer), then such a defect will not be repaired as part of the warranty repair.

Is it worth it to repair

Warranty repair is an alternative requirement of the buyer. Instead of repair, the consumer may demand a refund, replacement of goods, reimbursement of expenses for repairs that the buyer makes on his own, etc. But the freedom to choose these requirements belongs to the buyer when it comes to durable goods that are not technically complex goods.

With technically complex goods, the situation is more complicated (). If the first defect (with the exception of a significant one) is discovered after 15 days after purchase, technically complex goods can only be repaired (exchange, no refund).

Therefore, if we are talking about a simple durable product or a secondary repair of a technically complex product, one should take into account one's own interest. Perhaps a refund or replacement of the goods would be more cost-effective.

Terms of warranty repair

There are periods when repairs can be recognized as warranty and, accordingly, free of charge. Such terms are usually divided into the following categories:

• during the warranty period;
• after the warranty expires, but within 2 years;
• after 2 years, but during the service life;
• after 2 years, but within 10 years if the service life is not specified.

Where to go

The customer may choose to contact:

• the seller;
• the manufacturer of the goods;
• to the importer (the organization that delivered the goods from abroad).

A visual table of the buyer's appeal for warranty repairs.

Non-warranty cases

Please note that not all damage may be covered under warranty. The seller (manufacturer, importer) is not obliged to eliminate defects free of charge if they arise due to:

• careless operation (for example, dropping a cell phone from a significant height);
• improper use (for example, using a blender to loosen the soil for house plants);
• exposure to natural elements, as well as substances that are not compatible with the performance of the product (for example, liquid getting on a laptop);
• incorrect transportation or storage of goods (for example, transportation of a monitor in a metal car body without fixing and softening materials).

Instruction

Consider the algorithm of the buyer's actions when making claims for warranty repairs. There are two possible scenarios for the turn of events:

1. the seller (manufacturer, importer) recognizes the case as a warranty case and makes repairs voluntarily
2. the seller (manufacturer, importer) refuses to carry out repairs

1. The procedure for the buyer, if the seller will carry out repairs voluntarily

Come to the seller with a statement

It is necessary to arrive at the seller (manufacturer, importer) and submit a written request for the free elimination of product defects (). Any person under a notarized power of attorney can represent the buyer's interest. Such cases, of course, should only be entrusted to a lawyer or a person experienced in such matters.

The application for warranty repair must be handed over to the obligated person against signature, that is, the second copy (which will remain with you) must be signed responsible person seller (manufacturer, importer), sealed and dated.

Transfer the goods

Together with the application, the seller (manufacturer, importer) receives a defective product. By law, the seller is obliged to accept the goods, even if the case turns out to be out of warranty. The transfer of goods for warranty repair must be documented by an act of acceptance of the goods from the buyer. This document must be prepared by the seller. But be sure to make sure that the document contains the following information:

• date of transfer of goods;
• from whom the item was received;
• who received the goods;
• a detailed description of the goods indicating the serial (other identification) number, external damage or traces of operation (if any);
• the presence or absence of factory seals;
• description of the signs of damage according to the buyer;
• confirmation by the seller that the case is under warranty and the goods are accepted for repair.

You should be aware that if the product weighs more than 5 kg or is bulky, the buyer may require the delivery of the goods from the location of the goods for repair and back at the expense and forces of the seller (manufacturer, importer), or compensate for the costs of self-delivery.

Perform product quality check

The situation with the transfer of goods and the repair can be complicated if the seller cannot immediately recognize the repair as warranty and is going to check for defects. The check can be carried out:

• immediately upon delivery of the goods;
• some time after receiving the goods.

When the quality check is carried out immediately on the spot and the defects of the goods are confirmed, the act of acceptance and transfer of goods for repair from the buyer to the seller (manufacturer, importer) is drawn up immediately after the check, that is, almost at the same time as when submitting claims for free repair .

In a situation where the seller intends to check later, the goods must be sealed in packaging material (polyethylene, cardboard box etc.) in such a way as to exclude access to the goods (opening, disassembly, etc.) without the participation of the buyer. The package must be signed by the buyer and the seller (manufacturer, importer).

The packaging can be opened when the goods are checked by the seller in the presence of the buyer, which is noted in the document on checking the goods. If the seller carried out the check without notifying the buyer and opened the package without him, then all the results of the check can be called into question.

All these precautions are necessary to avoid misconduct unscrupulous sellers, creating the appearance of the consumer's fault in the shortcomings of the goods. For example, liquid may be spilled on the laptop on purpose, resulting in a short circuit. Under such conditions, of course, the cause of failure will be supposedly improper operation (liquid ingress). The blame is thus shifted to the consumer.

Request a replacement item while it is being repaired

The consumer has the right to demand the transfer of a similar product to him for the period of repair. Such a requirement should be stated in writing in the application (). The seller, manufacturer or importer is obliged to provide the buyer with a free temporary replacement of the goods within three days. But it should be borne in mind that not any product can be received for temporary use during the repair period. The following items are not provided:

Repair times

The law provides for two types of terms for warranty repairs:

• within 45 days with the conclusion of a written agreement on the repair period;
• immediately (as far as the level of technical progress allows, depending on the complexity and laboriousness of the repair). In any case, this period shall not exceed 45 days.

The term is calculated from the moment of transfer of the goods and until its return to the buyer with the defects eliminated. At the same time, quality control, examination, or litigation does not suspend the course of the total period of warranty repairs.

There are cases when the seller does not fit into the terms of repair. You should be aware that the seller cannot have any good reasons to justify their delay (even in the absence of necessary materials, spare parts and accessories, etc.). Therefore, such explanations cannot be an indisputable basis for concluding an additional agreement with the buyer on the extension of the warranty repair period or meekly waiting for the end of a protracted repair.

In case of violation of the repair period, the following situations are possible:

• the seller and the buyer can draw up an agreement to extend the terms (the agreement is drawn up on a voluntary basis);
• the buyer may refuse to repair and put forward other requirements regarding the quality of the goods:
  1. replacement for a similar product;
  2. replacement for a product of the same brand, but of a different model with recalculation of the price;
  3. refund of money paid for the goods;
  4. commensurate reduction in the price of the product.

Violation of the terms of the warranty repair of the goods may be to the advantage of the buyer who has handed over a technically complex product for repair, since such a delay allows you to put forward other requirements (refund, replacement, etc.), which initially the consumer, who owns a technically complex product, cannot put forward upon detection defect.

However, the buyer, who decides to take advantage of the violation of the deadlines to put forward new requirements, must take measures to reclaim the goods from the obligated person. Otherwise, the seller (manufacturer, importer) can repair it (in violation of the deadlines) and then it will be impossible to put forward other requirements.

In addition, the buyer can simply demand a penalty (fine) for the violated repair period or the deadline for providing goods in exchange for the repair period. The fine is 1 percent of the value of the goods for each day of delay.

For example, a music center worth 10,000 rubles was handed over for repairs. The buyer submitted a demand for the provision of a similar product, which was presented not within 3 days, but after 7 days. Accordingly, the delay is 4 days, that is, 4 percent of the value of the goods (1 percent x 4 days). Thus, the seller must pay a fine in the amount of 400 rubles. (4 percent x 10,000 rubles).

It should be noted that the need to pay a fine should be submitted in writing to the seller (manufacturer, importer), otherwise it is considered that the buyer waives his right to recover the penalty.

Return of goods after warranty repair

When the repair is completed, the seller must notify the buyer of the possibility of receiving the goods back.

Upon receipt of the goods, you should carefully inspect it for safety and the absence of new defects (which were not there before). Demand that you demonstrate the serviceability of the goods and submit a report (certificate) on the repair. The help states:

• date of request for repair;
• when the goods were accepted from the buyer;
• the period of the repair;
• description of the existing shortcomings, used spare parts and components for repairs;
• confirmation of the elimination of the defect;
• the date the item was returned to the owner.

2. The procedure for the buyer in case of refusal of the seller (manufacturer, importer) from the warranty repair

Transfer the application and the goods to the seller

The first two steps of the buyer's actions in case of the seller's (manufacturer's, importer's) unwillingness to carry out warranty repairs are similar to the actions of the consumer when the seller voluntarily satisfies his requirements for the elimination of defects in the goods. Therefore, we confine ourselves to the above description.

The seller refers to a non-warranty case

The seller (manufacturer, importer) after checking the quality of the goods does not recognize the obligation to free repair referring to a non-warranty case. The situation can develop in two scenarios:

1. the seller (manufacturer, importer) organizes and conducts an examination of the quality of the goods
2. the obligated person refuses further manipulations with the goods, referring to the sufficiency of his quality control

In the first case When the seller (manufacturer, importer) plans to submit the goods for examination, the goods must be packed, sealed and sealed with the signatures of the seller and the consumer.

The opening of the package must be carried out by an expert during a commodity examination in the presence of the buyer.

In the second case when the seller refuses to conduct an examination, these events are organized by the consumer himself.

The seller agrees with the positive expertise for the buyer

If the results of the examination are positive for the buyer, the actions of the seller (manufacturer, importer) are usually aimed at satisfying the stated requirement for the repair of the defect, since the obligated person understands that the outcome of the dispute is already a foregone conclusion in favor of the consumer and further litigation promises him nothing but additional costs. In addition, the search for right and wrong may lead to missing the deadline for repairs, which gives the buyer the right to put forward a new, more stringent demand (including the rejection of the sales contract and the return of money paid for the thing). And the seller certainly strives to avoid this, especially when it comes to technically complex goods.

Going to court

However, there are not isolated cases when the seller (manufacturer, importer) goes all the way, all in. Then you can force a warranty repair only in court.

If the buyer timely and in the prescribed form applied to the seller (manufacturer, importer) with an application for warranty repairs, and the conclusion of the examination confirms the consumer's rightness, then the case is winning.

Before applying to the court, it is necessary to send a claim to the obligated person, in which to refer to the conclusion of the commodity examination. If the claim is refused, it must be attached to statement of claim to court. And if the answer is not received, then indicate this in the claim. A claim left unanswered is the same as a refusal to satisfy it.

Naturally, a professional person (lawyer, lawyer, representative of the consumer rights protection committee) should be involved in the preparation and conduct of a case in court.

Execution of a court decision

After the court decision comes into force, receive a writ of execution and transfer it to the bailiffs department. The bailiffs will do the rest.

Comparative table of actions of the buyer in various positions of the obligated person

About the warranty period

When carrying out repairs, the warranty period is suspended for the period from the moment the claim is made until the return of the goods to the consumer. If there was a litigation and the case was in favor of the buyer, then the entire period of litigation also does not count towards the warranty period.

For example, the warranty period for the TV is 1 year and is set from 01/01/2015 to 01/01/2016. The consumer contacted the seller on 12/30/2015. .

Please note that if a repair replaces a component that was covered by a separate warranty in addition to the warranty for the product as a whole, then the replaced part will be covered by a new warranty of the same duration as it was before the replacement. Its term will begin to run from the moment the goods are transferred to the buyer.

For example, the laptop came with a power supply unit, which has a 6-month warranty. After 5 months, the laptop failed and was handed over for repair. As a result of the repair, the laptop's video card was replaced and the power supply was replaced. For a laptop, the warranty period remains the same (minus the repair period), and a new 6-month warranty is installed on the power supply, which began to be calculated from the moment the goods were returned to the buyer.

About primary and secondary repairs

Primary repair is when the defect of the goods has arisen and is repaired for the first time.

Secondary repair - repeated repair is required if a defect occurs repeatedly. At the same time, it does not matter what the frequency of the defect is (exactly the same defect or of a different nature), the main thing is that the same product is subject to repair more than once.

Please note that if the product has several shortcomings at once, but the request for repair will be the first time, then such a one-time repair will be the primary one, regardless of the number of shortcomings being eliminated.

Such a question arises sharply with the shortcomings of a technically complex product, since the primary or secondary nature of the repair determines the range of consumer requirements. Recall that if there is significant disadvantage the choice of consumer requirements does not depend on the number of repairs.

A visual table of consumer requirements for a technically complex product.

Compensation of the consumer's expenses for repairs made by himself or by a third party

The buyer is not prohibited from independently repairing the goods and subsequently recovering the costs from the seller (manufacturer, importer). Sometimes the buyer does not trust the repair of third-party or simply unknown organizations, or there are situations when the repair needs to be done urgently, without delay, or the remoteness of the seller does not allow for a timely claim for warranty repairs. However, there are several important points that determine the success of the implementation of such a right of the buyer. Let's take a closer look.

Who can make repairs

So, the repair of a defective product can be made:

• the buyer himself;
• third party.

In turn, third parties are:

• any third party (both a citizen and an organization);
• a specialized organization (certified specialist) that has the right to carry out repair work, taking into account work experience, an existing license, accreditation, certification, etc.

What expenses are reimbursed

1) If the repair was carried out by the buyer himself:

• the cost of spare parts, components, etc.;
• expenses for the delivery of spare parts and components, if it is impossible, due to their specificity and rarity, to be purchased at the place of repair;
• the cost of consumables (glue, hardware, seals, wires, etc.);
• the cost of disposable tools and fixtures for repairs.

2) If the repair was carried out by an outside organization (specialist), the costs include the cost of:

• spare parts, components, as well as their delivery;
• Supplies;
• disposable tools and devices;
• performed works in accordance with the established price list (price) or within the average market price.

How are repair costs reimbursed? Option number 1

The law does not provide clear rules for satisfying this requirement. Therefore, one should proceed from the emerging practice and the optimality of achieving the goal. It is best to stick to the following algorithm.

Stage number 1. First, the buyer must notify the seller (manufacturer, importer) of the detected defect in the product and put forward a demand for the intention to carry out repairs on their own ().

Stage number 2. Then present the goods to the seller to confirm the warranty case (quality check or examination (in case of a dispute about a defect)). At this stage, the seller or buyer can agree on a preliminary repair price. That is, the seller determines the amount of repair, based on experience repair work. If the preliminary amount turns out to be less, then in the future the missing difference can be made up by an additional payment. The general term for payment of compensation for repairs is 10 days from the date of filing a claim.

Stage number 3. Arrange repairs.

Stage number 4. Submit an expense report () with the presentation of documents confirming the repair and the cost of the costs. If the repair was carried out independently, then the buyer presents checks for spare parts, materials, etc. organizations and entrepreneurs in confirmation of repair work).

If there are no such documents, then you can contact expert organizations that will give an opinion on the cost of the repair. True, the cost of such a conclusion from the seller cannot be recovered.

How are repair costs reimbursed? Option number 2

An alternative procedure is for the buyer to apply to the obligated person with a claim for reimbursement of the repair costs after it has been carried out. The law does not prohibit such a course of action. However, in the event of a dispute, the buyer must prove to the seller that the product had a defect that he eliminated, as well as justify the costly part of the repair. This task is not easy.

What are the restrictions

The warranty obligation may provide that the elimination of defects in the goods must be carried out by a specialized organization (certified specialist) that has the necessary permits (compliance with established requirements) for such work. Without compliance with such requirements, the repair may be deemed inadequate and the costs of its implementation may not be reimbursed. Moreover, this may cause the product to be removed from further warranty obligations.

This, of course, does not mean that the buyer is deprived of the right to choose a specialist in whom he is sure to carry out repair work, or to independently repair. The question comes down only to the complexity and features of the product that has failed. For example, the law provides for a license to Maintenance and repair of medical equipment. Therefore, the repair of, say, a tonometer by an organization that does not have the specified license will be illegal. For the same reason, the consumer cannot repair this product himself.

Another thing is if the seller imposes repairs only on them from accredited specialists (organizations). The buyer can carry out repairs from any person who has the appropriate permit, license, certificate to carry out such work. And whether it is included in the list of recommended organizations of the seller is no longer important, and this does not affect the legitimacy of the buyer's claims for reimbursement of repair costs.

However, it must be borne in mind that in a disputable situation, the seller can conduct an examination of the qualifications of the repair. And if the work does not meet accepted standards, the buyer's intention to reimburse the costs will be ineligible.

Difficult situations

1. Additional activities requiring payment

Sometimes the seller, when making repairs, may take additional actions that go beyond the scope of warranty repairs (for example, when repairing a computer, an updated version of the operating system is installed). Often the seller explains this as a necessity. better work goods and require payment for it.

If such additional work and services were provided without the knowledge of the buyer and, accordingly, without his permission, then payment should not be made. All expenses incurred are borne by the seller, and he cannot recover them from the consumer forcibly, even through the courts.

2. Declaring the repair out of warranty

A similar situation is when the seller accepts the goods for warranty repair, eliminates the deficiencies, and then announces that the case was non-warranty and the repair was of a commercial nature, that is, it must be paid for. In such a case, the consumer is not obliged to pay any money. Even if the defect of the goods is clearly related to the fault of the buyer and the seller will provide, confirming given fact evidence (examination report, service center certificate, etc.), the consumer will not have any obligation to reimburse the seller's expenses. Such a situation will be interpreted as a manifestation of the goodwill of the seller in free repairs.

3. New defects in the repaired item

There are cases when the repaired product is returned to the buyer with new defects (for example, the TV was repaired due to the loss of sound; the product was returned in good condition, but there was a scratch on the screen, which was caused by repair specialists).

Such deficiencies are not considered as production ones that have appeared repeatedly (new defects or re-appeared, etc.). These cases relate to violation of the storage conditions of the goods transferred by the buyer to the seller for repair. And the seller is separately liable for such damage to the goods - he reimburses the cost by which the price of the goods is reduced. Usually this cost is equal to the cost of repair, replacement of parts, components, etc.

For this reason, you should be extremely careful when accepting the repaired goods and record any suspicious observations in the act of acceptance and transfer of goods. In general, for such purposes, acceptance should be carried out with a familiar specialist, or for a small fee, invite an independent expert merchandiser.

The relationship between service centers and customers is far from a simple "bring it in for repair - take it back" scheme. Most often, problems arise during the delivery and registration of equipment that is under warranty. Sometimes they are associated with well-known tricks and tricks that customers try to use to get free repairs.

The client most often carries faulty equipment to where he bought it - to the store or supplier. But if the trade organization does not have its own authorized service center, it would be more correct to immediately send the device to the manufacturer's SC - anyway, the store will do the same, only it may be longer. Time gain is especially important for small companies, who independently maintain their fleet of computer and office equipment and often do not have enough replacement stock for the period of repair.

The performance of the device and the elimination of factory defects are guaranteed by the manufacturer, and not by the store, supplier company or authorized service center. In terms of warranty repairs, sales organizations and service centers are guided by the instructions received from the vendor or the main service provider.

Double standarts

Typically, the warranty period for technical products ranges from 6 months to 3 years, depending on the type of device and the specific manufacturer. Interestingly, the term rarely depends on the reliability, technical complexity and size of the device. For example, a computer system unit may have only a year of warranty, and a small navigator - two. Often this turns out to be a marketing ploy by the manufacturer in order to attract buyers.

The warranty period rarely depends on the reliability, technical complexity and size of the device.

Already at the stage of establishing the warranty period, various tricks begin. Trade organizations can “play” with them, providing themselves with more favorable working conditions. For example, a product may have a 2-year warranty, but the seller announces only 1 year. This can be a sin for small shops and points of sale that do not want to deal with after-sales service.

Why it happens? Service center employees know that there are two warranty periods: one - from the date of sale - is set for the buyer, the second - from the date of production - for the trade organization. Due to the fact that the devices go quite a long way from the factory to the cash register (transportation, customs clearance, warehousing), the second warranty period is longer. For example, with a warranty of 3 years from the date of sale, the maximum warranty period from the date of manufacture is 3 years 6 months.

As soon as set time from the date of production expires, the manufacturer declines responsibility for warranty repairs. And, if there is a guarantee on the coupon, but in reality it has ended, this only means that the product has not been sold for too long. Claims should be presented not to the manufacturer or service center, but to the store. Therefore, when buying, you need to pay attention also to the date of manufacture of the device.

Insuring themselves against such cases, stores independently reduce the warranty period for some types of goods. Especially the discrepancy between the terms of the warranty applies to computer components.

How to hand over the goods

There is a popular belief that service centers do their best to refuse warranty repairs to customers. This is usually not the case. Although the authorized service center does not charge for warranty repairs, this work is paid for by the manufacturer or central service provider. That is, even on warranty repairs, the SC earns money. Therefore, it makes no sense for him to evade repairs or "kick back" the client for various reasons.

However, there are certain rules for accepting equipment and conditions for warranty service. Accordingly, the employees of the service center have certain instructions for receiving warranty equipment. To recognize a breakdown as a "warranty case", both certain documents and the compliance of the state of the equipment with certain criteria are required. And here situations may arise when the SC is released from obligations for warranty repairs.

The client must have a receipt or delivery note with the date of sale of the goods and a completed warranty card. However, by law, the absence of a warranty card is not a reason for denial of warranty. In theory, the main thing for the SC is to identify the product. Its employees can do this by the serial number and find out if the product with this number was produced at all, when it was manufactured and whether the warranty period has expired. This is what many companies do.

An additional advantage of checking by serial number is the ability to filter out "gray" devices. The SC will not repair free of charge goods that are imported unofficially and, accordingly, do not have a guarantee. Sometimes information is received that, for example, among scanners certain brand only 10% of all retail sales were officially delivered. Accordingly, only a small part of all goods sold is subject to warranty service and this model is given Special attention when checking. Most of the equipment will be denied warranty repair with the wording: "Due to the absence of this serial number in the database of devices officially supplied to Russia."

If serial number missing or illegible, the service center has the right not to perform warranty repairs. However, many believe that the guarantee is carried out primarily by check and is counted from the date of sale. This opinion is supported by large shopping centers who carry out streaming trading without filling out a warranty card in each case. They usually tell customers the phrase: "Guarantee - by check." Yes, the store can accept faulty equipment according to the document of sale. In fact, it often happens that its employees send a client with a faulty device to a service center in order to save themselves from unnecessary trouble. And the client comes to the SC with a completely empty warranty card, which creates the risk of refusing free repairs.

Attempts to outwit

Sometimes the manufacturers of some devices themselves instruct sales organizations to accept goods for a guarantee against a sales receipt. This is convenient for end customers, but creates the basis for fraudulent activities. Some consumers are trying to return the device with an expired warranty on a different, more recent check. For example, it happens that clients use set-top boxes to organize gaming salons. Since they have several similar products, they can take advantage of the fact that the serial number is not indicated on the receipt and try to return the old set-top box with a new receipt.

Although disassembly and assembly can be carried out by the customer carefully, without any traces of opening, still service engineers have the ability to detect interference

In this case, the countdown of the warranty period from the date of production, which was mentioned above, just comes into force. The expiration date is checked by the serial number. As a result, the customer may be denied the repair of the old product.

There are also attempts self repair or unsuccessful assembly of the product from two similar devices. And after these actions, people carry a non-working item to hand over under warranty. Although disassembly and reassembly can be carried out carefully by the customer, without any traces of opening, it is still possible for service engineers to detect tampering. For example, an ordinary consumer does not know all the degrees of protection and methods for their verification, which are indicated in the recommendations of vendors, issued with the mark "confidential for service centers."

Protection against consumer fraud can be the presence of another serial number, which must match the number on outside devices. Or it could be a sticker that changes color when heated or soaked in water, when you try to carefully remove it and then stick it in place. Or special kind a seal that does not look like a sticker - they do not pay attention to it during disassembly and are simply removed or displaced. Then the technical conclusion indicates the reason for the refusal of warranty service.

Defective consumables

A typical example of how customers try to deceive a service center is the delivery of goods damaged by low-quality consumables. Many companies, especially among SMBs, skimp on printer consumables and buy "compatible" or continuous ink systems despite vendor warnings.

Warranty cards usually say something like: "The warranty is void if damage to the device is caused by the use of non-standard or low-quality consumables." Consumers know this and change cartridges or ink tanks back to original ones before taking them in for repair, hoping that the trick will not be revealed.

Indeed, if the malfunction is not directly related to the use of "non-native" consumables, the service may not pay attention to this and accept the equipment under warranty. For example, the scanner unit of an all-in-one cannot possibly be broken by a cartridge. But if the print head is faulty inkjet printer, then the service center can conduct an examination and establish whether the client used the "correct" consumable.

Complex Devices

Some products, such as system blocks, consist of several replaceable parts. The warranty covers the entire device, and only those components that were originally included in it are subject to replacement. In principle, you can open the case system block to install additional accessories(for example, add HDD). However, you must not remove or change existing parts - this will void the warranty. For control in the places of attachment or connection of components, special stickers are glued, which are damaged when the part is removed.

In addition to stickers, there may also be a sticker with the logo of the assembly company and the warranty period. And, finally, in the warranty card or in the attached invoice, the complete set of the system unit is usually prescribed, indicating the models. And if the client does not provide these documents, then the seller can take his copy from the database and find all the necessary data. Therefore, the substitution trick usually does not work. True, few people specifically go for such tricks. Usually the situation occurs due to the ignorance of the client. For example, if a company, before installing a computer on workplace The IT department has replaced something in the system unit.

Quite often, laptops with a flooded keyboard come in for repairs. Of course, before handing over to the SC, the laptop is thoroughly cleaned and wiped to hide the incriminating fact. However, some of the liquid still gets inside the device, on the electronic board or other parts. Therefore, during disassembly, traces are found in the form of stains or sticky streaks, depending on the type of spilled liquid. If service engineers are at a loss to determine whether or not a warranty case is covered, they can take photographs, describe the problem, and request a solution from the service provider or manufacturer's representative.

Fear of substitution

Many users fear that during repairs, some components will be removed from the device and other, older parts will be installed. And instead of a faulty component, an obsolete or used spare part will be installed. But this is elementary checked, since the owner knows the composition of his computer and, as we said, there is even a written list of components of the system unit.

A separate issue is the installation by a service center of a non-similar spare part. Since the line of components is updated in a year and a half, something is discontinued, another part with the corresponding old characteristics can be supplied: a Hitachi hard drive instead of Samsung, etc.

It is important that neither the regional service center, nor even the service provider and the manufacturer are interested in deceiving the owner of the warranty equipment. On the contrary, the entire repair process for warranty equipment is designed to ensure quick repair and exclude the possibility of any fraud. Therefore, if some unpleasant moments happen on the part of the service center, then this is almost always - human factor, violation of instructions by a specific employee.

When replacing components, for example, in a laptop, the numbers of the old and new parts are overwritten. This data is included in the repair report and defective parts are sent back to the manufacturer. Sometimes, after repairing equipment, vendor representatives check the quality of work. Since the repair reports include customer contact details, they may be called to ask if they are happy with the result and what exactly was done. And, if any discrepancy is found, appropriate sanctions can be applied to the service center.

Most often, disputes between equipment owners and service centers occur due to software failures. Although the warranty cards always state that the incorrect operation of the software is not a warranty case. Since the manufacturer is only responsible under warranty for hardware, especially since third-party software is usually used.

The argument is simple: since I bought the device bundled with this software That means everything should be repaired under warranty. This is not true, but often service centers go towards customers and restore the work of programs. And, since this is a common practice, the manufacturer can even pay for such actions to the service center, at a low rate.

Some users strongly demand that the service center provide them with a similar device during the repair, referring to the law "On the Protection of Consumer Rights". However, in this regard, at the beginning of the 90s, a decision was issued Supreme Court, which states that articles 20 and 21 of the law apply only to reimbursable relations. In other words, you can get equipment for use during warranty repairs only at the organization where the device was purchased. And the service center is a third-party organization, and it is not obliged to provide a replacement.

Rules of behavior

We briefly summarize the above, so that the repair goes without conflicts and within a reasonable time.

When buying, you need to require a completed warranty card. The store may close, the customer may move, and in the service center one of the requirements is the presence of a completed warranty card.

In the event of a malfunction, it is better to immediately contact an authorized service center, without wasting time on trade organization. The store will still send the equipment to the service, but directly it will turn out much faster.

During operation, it is important not to overwrite the serial number of the device. If the number is not readable, the service center may refuse warranty service.

Careful attitude to technology will help to avoid problems. And if third-party factors or the client himself are to blame for the malfunction, then warranty repairs are not performed.

A friend of mine recently bought a new one. mobile phone. When buying, as far as possible, I checked his work. But already at home it turned out that the phone spontaneously turns off during operation. In general, a malfunction was found. The next day, my friend took the phone back to the store.

In the store, he was told that a mobile phone is a “technically complex” product, and that, regarding the identified shortcomings, it is necessary to contact the service center first. The service center carried out diagnostics for two days. We found out that the “non-working battery” was to blame. But it turned out that the battery is not included in the warranty. As a result, my friend had to buy a new battery. Now the phone is working properly. But how much time and additional money did the buyer have to spend to make this happen. Are the actions of the seller and the service center legal? Let's figure it out. I'll start right away with the fact that a mobile phone is indeed a technically complex product. It cannot be returned to the store or manufacturer, for example, because you did not like the color or shape. But if a technically complex product turned out to be defective, then, according to the law “On the Protection of Consumer Rights” (Article 18), the buyer has the right to demand a refund or exchange from the seller within 15 days after purchasing such a product. I myself called the company that sold my friend a faulty phone and asked them how they look at Article 18 of the Consumer Rights Protection Law. They answered that they were looking good, but they needed proof that the malfunction was not my fault, and they sent me to a service center. I decided to consult with the Consumer Protection Society. I called and described the situation. And there they answered me that the refusal to accept the defective goods by the seller within 15 days from the date of transfer of the goods to the buyer is unlawful. And that the store is obliged to take the phone back without the conclusion of the service center. So, what to do if the sales manager in the store refuses to take back the faulty product from you? Require the head or representative of the administration. If they refuse to exercise your right to return the defective product, calmly sue. Please note that the seller may refer to article 475 of the Civil Code of the Russian Federation, where it is written: “p. 1. If the shortcomings of the goods were not specified by the seller, the buyer, to whom the goods of inadequate quality were transferred, has the right, at his choice, to demand from the seller:

• proportional reduction of the purchase price;
• gratuitous elimination of defects in the goods within a reasonable time;
• reimbursement of their expenses for the elimination of defects in the goods.

• refuse to fulfill the contract of sale and demand the return of the amount of money paid for the goods;
• demand the replacement of goods of inadequate quality with goods that comply with the contract.

“We will do everything for you for 1000 rubles!” - employees of service centers cheerfully report by phone in response to the question of how much repairs will cost. But as soon as the client arrives at the office, price policy changes drastically.

You begin to voice at best real, and at worst - inflated prices. The technique works to ensure that a person comes. Standing in front of the receptionist, it is much more difficult to refuse the service, because you have already taken time off from work and spent time on the road.

What to do? First, feel free to call several services to figure out the average cost to fix your problem. Secondly, do not be afraid to leave if you feel a catch.

The price on the website and when contacting does not match

On their websites, some service centers draw very beautiful price tags. But it is worth reaching the stage of handing over the gadget for repair, as it turns out that it is absolutely impossible to meet this amount.

What to do? Perhaps the second named amount will fit within the bounds of decency, but in any case, this is an indicator of a not very conscientious service. Better look for an alternative.

True sign good service: for the price indicated on the site or announced by phone, you get the whole package of services. That is, work, spare parts and warranty service.

Alexander Levchenko

Artificial value creation

There are also such situations: you come to a service center to repair a broken iPhone button. It costs a maximum of 2.5 thousand. The master opens the phone, sighs heavily and sadly declares: “Everything is bad here - pay 7 thousand or take the device away.”

The client is shocked: they scared him and they are trying to refuse to repair. The master, as if by chance, recalls that he had already encountered such a case and successfully solved it, although it was long and difficult. Most people at this point agree to the renovation without going into details.

As a result, the client is indeed repairing the button, but not for 2.5 thousand, but for the very 7 thousand to which he himself “subscribed”. Most often, such situations happen when contacting tiny service centers in the electronics markets like Savelovsky and Gorbushka in Moscow. The reason is a very high rent, which employees try to cover by all available means.

What to do? If the master does not bother explaining, but simply calls the sums from the ceiling, then you must immediately run away from such a service. There is no charge for the initial inspection. By changing the service at the very initial stage, you do not lose anything.

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Additional work without approval

Repairing mobile devices is a tricky business. This is still microelectronics and it is not always possible to track all malfunctions even at the stage of receiving equipment.

If hidden breakdowns are possible, then the master of good service will definitely warn you about it. And he will certainly call to agree on the cost of repairs if he finds something.

The master of bad service will carry out additional work without notifying the client about them. And it’s not yet a fact, by the way, that they really were carried out - you still won’t be able to check.

What to do? In no case do not pay for those works for which you did not agree. In any case, the service will not be able to prove your consent to them, but the solution to the problem, alas, is only legal - with filing claims and subsequent lawsuit.

Absolutely always, the service center must coordinate its actions with the client. What exactly to do with the device, and whether to do it at all, is up to the customer. The task of the master is to offer options.

Alexander Levchenko

Owner and Lead Specialist at Tech-Town Service Center

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Agreed price changes without explanation

The method of the simplest and most cynical divorce for money looks like this. You agreed on the cost of the repair and handed over the smartphone to the service, and after a couple of days they call you and say something like this: “Dude, this is a complete mess, we urgently need another five – there’s no other way.”

What to do? First of all, ask to explain why you are being asked for money. If an explanation cannot be achieved, then the repair must be abandoned. If the explanation is confusing, then you need to come to the service and ask the master to show you the fault found, which was not declared at the time of acceptance.

Warranty Disclaimer

The service center must accurately and clearly explain to the customer the rules of warranty service, since the warranty periods for different spare parts differ. It happens that some manipulations are carried out at the risk and peril of the customer in agreement with him, and guarantees do not imply at all.

The service center is not interested in re-repairing devices under its warranty. If the obligations are fulfilled honestly, then this is an indicator that you have a good service.

Alexander Levchenko

Owner and Lead Specialist at Tech-Town Service Center

By the way, in no case should you think that by changing the screen you get a guarantee for the entire smartphone. The warranty is given only for the spare part with which the master worked!

What to do? First you need to try to solve the problem with the service and discuss everything with the managers. If they do not meet halfway, then look for the manager. If even this did not help, and a reasoned refusal is still not received, then you will have to go to court. To do this, be sure to save all contracts and other documents.

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How not to fall for the bait?

The stories above may scare you, but in no case should you be afraid of service centers. Of course, there are deceivers, but the services still earn money on repairs. And it's almost always cheaper than buying new smartphone in these difficult times.

Finally, here are a few useful tips from the owner and leading specialist of the Tech-Town service center Alexander Levchenko:

1. Check all functions of the phone before handing it in for repair, and record all faults on paper with the receiver. This insures against possible risks in the future. Not only you, but the service itself.

2. Check all the details before starting the repair. If you feel a catch, then do not be afraid to change the service. It is better to spend an extra day than a bunch of nerves and money.

3. Feel free to call several services to understand the order of prices for repairing your malfunction.

4. If the repair price at all stages is the same, you are given the exact terms and do not change them in the future, and the master regularly reports on the progress of the work, then you are definitely in a good service.

5. At the time of issuing the repaired device, the smartphone must also be checked. Again, both you and the service center need this. You will make sure that everything is in order, and the master will fix the fact that further responsibility for the smartphone lies with the client.

The work of a SC specialist saves your time for your money. Do not devalue his work by coming to the service with the installation “everything is simple here - I can do it myself, give me only a tool, spare parts, a place and time to figure it out ...”. It may seem that repairs are unreasonably expensive, but the point here is expensive spare parts, the price of which is tied to the exchange rate, not greed. However, sometimes it really makes no sense to restore equipment.

Alexander Levchenko

Owner and Lead Specialist at Tech-Town Service Center