If you do NOT have your vehicle serviced by an Authorized Dealer, but guarantee period and the "warranty mileage" has not ended yet, are you eligible for warranty repairs?
You will say NO, I thought so myself, and you will be wrong!
Our rights with you in such a situation are given to us by our state, and not by automakers and not by automakers to take away what is not given by them!
What will each of you face if you come to an official dealer and show a service book to the master-receiver, which indicates that the car is under warranty (in terms of time and mileage), but maintenance was not carried out according to the regulations at all or is overdue by 2-20-50 thousand kilometers? Without blinking an eye, the master receiver will tell you that the car is not under warranty.
Even if you are a fairly stubborn consumer, then you will demand to call a warranty engineer and he will laugh at you, say “what is the guarantee if the last MOT at the dealer is 70 thousand kilometers ago?!!”.
And only when you reach the head of the auto center, or at least the head of the service, and ask on what basis you are denied warranty service and demand a written refusal of warranty repairs, then perhaps the rhetoric will change and the boss will say that he did not say this, and there one of the subordinates made a mistake or you misunderstood something.
And all because we have the "Law of the Russian Federation of 02/07/1992 N 2300-1 (as amended on 07/03/2016) "On the Protection of Consumer Rights"", which reads:
In accordance with paragraph 6 of article 18 of the LOZPP:
The authorized organization ... is liable for defects in the goods, unless it proves that they arose after the transfer of the goods to the consumer ...
The whole point is that the official dealer, as an authorized organization to which you hand over the car for repair, if you disagree with something, then MUST PROVE that the breakdown was your fault. You do not have to prove, initiate an examination, but they do.
You may ask, what about the warranty conditions in the service book, which clearly say that only the officials should be serviced or the warranty will be “limited”, as they formulate ?! Again, we turn to the Law on the Protection of Consumer Rights:
In accordance with paragraph 2 of article 16 of the Federal Law
it is prohibited to condition the purchase of certain goods (works, services) on the obligatory purchase of other goods (works, services)....
It is forbidden to condition the satisfaction of the requirements of consumers presented during the warranty period, conditions that are not related to the shortcomings of the goods (works, services).
In accordance with paragraph 1 of Article 16 of the Federal Law and Provisions of the Law, the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts Russian Federation in the field of consumer protection, are recognized as invalid ...
In this case, the seller's warranty obligations are made dependent on conditions that are not related to product defects. As well as the purchase of a car, it is conditioned by the obligatory purchase of service services.
And if the dealer claims that this is due to the shortcomings of the goods, then require a written refusal. Always ask for a written waiver. Everything that you are told orally, state in writing and require confirmation of this also in writing.
Your rights are confirmed by the Civil Code of the Russian Federation. No one has the right to limit your choice, and even more so to create a monopoly of the venue Maintenance. In accordance with Article 209 of the Civil Code of the Russian Federation, the right of the owner to own, use and dispose of his property at his own discretion is violated. You will no longer be able to get service at another location of your choice, at a more low prices.
So what are your rights? For example:
Article 18. Clause 1 of the LOZPP The rights of the consumer in the event of a defect in the product:
...
demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;
What should the dealer do?
Article 18. Clause 5 Consumer rights in case of defects in the product:
The absence of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods by the consumer is not a basis for refusing to satisfy his requirements.
That is, you can even come without a service book at all, if the warranty period has not yet expired.
The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, importer are obliged to accept the goods of inadequate quality from the consumer and, if necessary, to check the quality of the goods. The consumer has the right to participate in the quality control of the goods.
That is, you hand over the car and wait for a quality check, in fact, this is a diagnosis or troubleshooting. Further, either a quality check shows that the breakdown was not your fault and you get a warranty repair or it comes to an examination.
In the event of a dispute about the causes of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are obliged to conduct an examination of the goods at their own expense.
The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such an examination in court.
If, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer) ... the costs of conducting the examination, as well as the costs associated with its implementation for storage and transportation of goods .
In addition, I note that the car must be accepted by the dealer IMMEDIATELY, as indicated by paragraph 1 of article 20 of the RFP... agreement on such a new term and do not release from liability for violation of the term specified by the agreement of the parties initially.
So, in the dry residue
Written refusal to warranty repair they will not give you, otherwise you can safely go straight to court with him. It should be understood that the dealer can intimidate the cost of troubleshooting, expertise, that its cost will fall on you in case of detection of improper operation and your fault, or even immediately demand to pay for the expertise, which is obviously illegal.
How to act?
1. Sign up for diagnostics at an authorized dealer.
2. Print out two copies of the claim in advance, demanding to immediately accept the car for free elimination of defects, describing your position and referring to the laws. The link to the claim template will be given in the comments.
3. On the appointed day, come to the dealer and register a claim at the reception. Your copy must be stamped, signed / decrypted, position, date, incoming number.
4. You go to the acceptance master, if you hear a story about the withdrawal from the warranty, then ask for the information voiced by him in writing or call the warranty engineer. If the warranty engineer also pretends not to be aware of the provisions of the Consumer Protection Law, keeps talking about the service book, then ask to call the head of the service or the head of this whole almshouse.
5. Then they can simply refuse you verbally, then it only remains to wait for a written response to your written claim, or they may offer to call in the repair area by signing an order. Here you need to be very careful, as you may be asked to sign a regular commercial work order. Refer to Article 18, paragraph 1 of the LOPP, which speaks of the immediate, free of charge elimination of deficiencies. There is no talk of any money in the ZOZPP, except for one nuance - you will have to pay for the examination if it shows that the breakdown was your fault. If you are not at fault, the examination is paid by the dealer. This is evidenced by Article 18, paragraph 6 of the RFP.
6. Already after they have carried out a quality check, in accordance with the RFP, they can agree to a free warranty repair or start a dispute about the causes of product defects (car malfunctions). In this case, as I wrote above, they will appoint an examination at their own expense. At this stage, they may offer to sign a tripartite agreement under which you will owe something for this expertise. The POZPP does not say anything about any agreements. It clearly says - an authorized organization at its own expense.
7. You can invite your own expert for examination, who will give his own, unofficial opinion for you, and also will not let an independent expert cheat.
8. If the expertise is on your side, your car will be repaired and you will not owe anything. If the examination is on the side of the dealer, you can challenge its results in court, then the court will appoint a forensic examination. Your expert may also be present and speak in court. Usually, ceteris paribus, the court leans on the side of the consumer, in disputes on the RFP.
In general, you need to get an understanding in advance of what happened to your car and why it happened. If this is some kind of unattended assembly or unit, then it is very difficult to prove that you have operated or serviced it incorrectly. If the problem is with the engine, then the expert's flight of fancy can be much more.
But in general, it’s worth knowing that until it comes to examination, you don’t owe them anything at all. Whether to continue the dispute and whether to get involved in litigation is up to you, this is time and, possibly, money. On the other hand, if you act correctly, you are sure that you are right and you have time for this, then there is every chance of getting repairs at their expense, as it should be. In the end, it can become a matter of principle and a matter of restoring justice.
Tell everyone you know about it, as many people as possible should know their rights. Stop dealers and/or automakers fooling consumers by sucking hard-earned money out of us.
PS I heard the phrase "consumer extremism" from some representative of the officials, as they call it - when you achieve what is required by law. But it looks like the opposite.
Car repair and maintenance is real problem for most vehicle enthusiasts. Breakdowns often happen unexpectedly, and regular service is required when there is not enough money in the wallet to travel to the officials. However, is it necessary to service the car at official dealers? This big question, which many motorists ask themselves from the very beginning of the operation of transport. Many want to keep the warranty, but for all 100,000 kilometers they never use this privilege, since a new car does not break down very often. Someone wants to be able to show all receipts of official service and the service book to the buyer during the sale, thereby increasing the cost of the car. But checks can also be collected by a non-third-party service.
It turns out that many service their cars at exorbitant prices from the officials without any benefit to themselves? This is not entirely true. In fact, there is a benefit in this, and removing the car from the guarantee, for example, carries certain risks. To date, the quality of automotive technology is unpredictable. Even if you buy the most expensive premium SUV from famous brand, it is better to keep a certain period warranty. Agree, it will be a shame if you go through a service at a third-party service, and the next day the engine will start knocking at the car. Perhaps this problem would be fixed under warranty by simply replacing power unit. But in case of withdrawal from the warranty, you will have to spend a lot of money on repair work and get far from such an excellent result as it would be if you replaced the engine. So you should think thrice before you go to remove the car from the warranty.
Are there any advantages in servicing from authorized dealers?
The question of benefits is rather complicated. In fact, we can say that the officials know your car very well, face its repair every day and have good technical capabilities to troubleshoot. But in reality, everything is much more complicated. Often, on the official service, the work is not done as well as we would like. The fact is that the company's employees know that the work is done under warranty, and the next visit of the owner to the service will be the most terrible outcome of the poor quality of its performance. They frankly do not care about your car, and this fact is true for the service of any corporation. The main benefits of this service are as follows:
- on the official service of most brands, they select sufficiently high-quality personnel, people can easily repair cars perfectly and reliably;
- equipment is often supplied from the country in which the car is produced, diagnostic devices are configured directly for your car model;
- all installed peripherals and fasteners are guaranteed to be of factory origin, the manufacturer is responsible for the quality of such parts with its image;
- you have every right to complain about poor-quality repair work, and you will definitely be heard by redoing the services provided at the highest level;
- here and only here you can carry out free car repairs if the breakdown coincides with the terms of the warranty service of your vehicle.
As you can see, there are certain advantages in servicing from an authorized dealer. But most of them fade a lot after the car goes 100,000 kilometers, or it turns 3 years old. In this case, you do not need to keep the warranty, and the car is far from new in order to greatly appreciate it. Nevertheless, many car owners prefer to be serviced by authorized dealers even after the warranty period has expired. This is fraught with rather high costs for repair work, since the officials have all the details at exorbitant prices, and the cost of work is sky-high. This is a kind of reinsurance for official dealers and service centers, but for drivers it is not at all pleasant.
The main disadvantages of servicing a car from officials
Having considered the main advantages of a trip to an official service station, it is worth paying some attention to the disadvantages of this process. So it will turn out to compare the proposed data and choose for yourself the method that offers important advantages. Among the cons, we have already said that official dealers are not too worried about the "health" of your vehicle. You will still come to them again, because otherwise the guarantee will not exist. Therefore, they are out of competition. Often the employees of an official station are paid according to a certain fixed rate, and not according to piecework wages, so the foreman does not care how your car goes. You should also highlight the following features:
- one of the important disadvantages is the inflated cost of all work - you have to pay a lot of money for those works that are not difficult;
- if the repair is not under warranty, you will have to buy original parts directly from the dealer - this is a specially created monopoly to increase the price;
- the cost of works that are not included in the warranty service regulations is simply incredibly high, it is incomparable with market indicators for these actions;
- the car is often very poorly serviced, the transport turns out to be very unreliable after the work of warranty services at such a service;
- for regular maintenance you will need to buy original kits of parts, which will also be very expensive and do not guarantee high quality.
Often you bring a car to the service for regular maintenance and you are sent for some time to perform all the work in the cafe at the service. But in this case, it is better to insist and be present during the repair, so that the specialists do not install anything "left" and thereby remove your car from the warranty. So another disadvantage is the possibility of installing low-quality parts and assigning original spare parts to the master himself for subsequent sale. And this began to occur more and more often on the services of inexpensive brands, where control over the masters is quite limited. Also, for warranty repairs at some services, they began to demand certain money, both officially and unofficially.
How to find a good service bypassing official dealers?
If you are already tired of the intrigues constantly exposed to you by official car service companies, it's time to find another service center where you will be carried out all the necessary work and perform the necessary tasks without much difficulty. This is one of the opportunities to get the required quality of the car, the confidence that all restoration work will be carried out reliably and without any problems. However, you will have to come to terms with the fact that your car will definitely be removed from the guarantee as soon as the vehicle enters the box of an unofficial service center. Among the criteria that should be taken into account when selecting an unofficial service station, the following features should be especially highlighted:
- optimal capacities for performing certain diagnostic tasks, the availability of high-quality and specialized equipment for car repair and testing;
- specialization on a particular brand or on a list of brands - it is better to choose a specialized service center to get confidence in its reliability;
- the possibility of ordering a full range of repair and restoration work, regular service and other important stages of car maintenance;
- the presence of specialists who know exactly your brand of car, the implementation of all types repair work, including body work and even troubleshooting;
- the presence of even a conditional guarantee for the work performed, so that in case of poor-quality performance, free troubleshooting will be carried out;
- the optimal cost of services, the absence of excessively inflated prices and surprisingly long queues for service, so as not to wait for months.
Summing up
Performing good maintenance and quality work with the car is simply necessary if you want to use the vehicle for a sufficiently long time without noticeable problems in operation. It is necessary to change all the technical elements of the machine in time, to perform routine maintenance prescribed by the manufacturer after a certain interval of mileage or time. You can also likely avoid serious problems if you find the best ways to service your car. This is one of the most successful methods of maintaining the durability of the vehicle, regular and high-quality maintenance is a must.
Doing all maintenance work at the official station will cost you quite a lot, and in the end, warranty repairs may not be needed. So it is much easier to find a specialized service center and carry out all the necessary work in it. This will help you easily avoid problems in the operation of the car, prevent serious breakdowns and be completely confident in the quality of the operation of the car. So you will not have any questions about the reliability of the car. And what kind of service for your car have you chosen?
To begin with, I often sit on forums and in groups of Kia Rio, Hyundai Solaris.
Newly minted owners always ask the question of whether it is worth going through MOT at an Official Dealer. Experienced participants say that you need to "send them to the forest", and the class of eternally busy motorists who do not want to think and waste their time on car service say - go through MOT at the "officials", because. you will stay under warranty and there will be no headache about it.
Every year the maintenance price tag increases and the dealer's proposals for replacing something become more and more exotic.
For example, at TO2 (30 thousand mileage) they can offer to replace the brake fluid for a lot of money, or replace the stabilizer bushings and rubber bands for 4000 rubles !!! Yes and replacement cabin filter, which takes one minute, costs almost a thousand rubles.
Somehow it does not fit with the term "budget foreign car", isn't it?
Recently, an order was posted in the Kia Rio group (I am attaching a photo)
with the cosmic cost of TO1 - 9 thousand rubles with kopecks. The seal of Alfa-Bank hints that this MOT was done on credit! God... where is this country headed? Just recently I saw a poster - "Get your child to school in CREDIT!" This is all very sad...
I want to say that changing the oil with a filter at the Shell station costs some 200-300 rubles ... All other things that are indicated in the order can be done independently in an hour. You may be afraid that not passing the MOT at the Official Dealer removes the warranty from the car. When such nonsense was voiced to me on the phone, inviting me to TO2, I laughed in response. "Is your office above the Law of the Russian Federation?" - I said. In accordance with the Law on the Protection of Consumer Rights, no one has the right to impose their services (supposedly mandatory maintenance at the Dealer), and the buyer also has the right to demand warranty repair or replacement of a defective product. In fact, and all this has long been hyped up on the Internet, dealers are playing on the legal illiteracy of citizens.
In fact, you can service a car anywhere, and change under warranty those nodes to which it applies when the manufacturer is defective. On the contrary, there are a lot of cases when the Dealer "shaved off" with the guarantee of the owners who underwent MOT. Someone sought justice through claims, and someone through the courts.
One more moment. As our artificial crisis in Russia began, the dollar jumped up like a pimple on a soft spot, Official dealers cut the salaries of their masters, as a result of which they left for private services. Dealers in the state left inexperienced youngsters who train on your cars. After maintenance, you can find scratches in the cabin, broken ears of the cabin filter box, and these are still the smallest flaws ...
In general, I advise everyone to protect their rights, because. starting with yourself, you can change the world (On the Drome, there were reviews on the Lada Granta with automatic transmission, where the money for the car was returned to the owner through the court, although it took a lot of time, a review on the white Solaris, which was rusty, where the dealer took the car for trade-in and for a surcharge of 20k rubles issued a new one).
I am enclosing a "copy-paste" with the owner's history and an exemplary claim:
“In early November, I felt a beating in the steering wheel on bumps and noise in the engine compartment of the car, I went to the official dealer (hereinafter referred to as O.D.), told them what was bothering me, they told me to leave the car, I left the car.
They call an hour later and say it's broken steering rack and the alternator pulley, there is no mechanical damage, bring the warranty book, we will change parts under warranty.
I brought them a warranty booklet, they look that I only have a mark on the passage of MOT in 15,000 KM and at that time it was 47,000 KM, i.e. I didn’t go through 30,000 and 45,000 km, they told me because I didn’t pass I was denied a warranty repair.
I tell them that I live far from O.D. (750 km to the nearest OD Nissan) and MOT did not take place at O.D.
Well, as usual, the conversation began, proving by me that they should change these details for me for free, and they proved the opposite to me.
I came home and decided that I needed to do something about this injustice and try to solve this problem in my favor.
My actions:
1) called in Moscow to the main office of Nissan. They told me to send my complaint to them by email.
2) I made a claim, here is the full text:
Personal data:
Actual residential address:
Brand, car model: Nissan Teana ***
State registration number:
Vehicle mileage so far:
Vehicle VIN:
This Official Nissan Dealer:
Index: ******
The address:***********************
In June 2007 Has gained new car Nissan Teana at the official dealer in the city ****
November 5, 2009 I, full name, owner of the car Nissan Teana, state number: ****, VIN: ***, mileage: ***. turned to the official Nissan dealer in OOO **** with a knock in the steering wheel over bumps and extraneous sound in the engine compartment.
The warranty engineer accepted the car and an hour later said that the steering rack and alternator clutch were to be replaced and asked for a warranty book. I provided a warranty booklet. The warranty engineer informed me that I had not passed MOT, and accordingly, there was no stamp on the passage of MOT in the warranty book, and they refused to repair under warranty. I replied that I carried out a Technical Inspection every 15,000 mileage of the car, but not at an authorized Nissan dealer, I asked for a written waiver of warranty service, to which I was refused and told to write a complaint.
I consider the actions of LLC ***** unlawful because:
In accordance with clause 6.8, article 5 of the Federal Law and Provisions of the Federal Law, the manufacturer (executor) has the right to establish a warranty period for the product (work) - the period during which, in the event of a defect in the product (work), the manufacturer (executor), seller, authorized organization or an authorized individual entrepreneur, the importer is obliged to satisfy the requirements of the consumer, established by Articles 18 and 29 of this Law.
In this case, the manufacturer has set a warranty period - 3 years from the date of sale of the car or 100,000 km (whichever comes first).
The warranty period is the period during which, in the event
detection of a defect in the car, the manufacturer, seller, authorized organization or authorized individual entrepreneur, importer are obliged to satisfy the requirements of the consumer established in the FZPP
Warranty up to 100,000 km. contrary to the above law, since the warranty period is a period, and a period is a length of time. Accordingly, time cannot be measured in kilometers.
In accordance with paragraph 6 of article 18 of the RFZPP (and paragraph 2 of article 476 of the Civil Code of the Russian Federation) In relation to the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods , unless he proves that they arose after the transfer of the goods to the consumer as a result of the violation by the consumer of the rules for the use, storage or transportation of the goods, the actions of third parties or force majeure.
LLC ***** refused on the basis of diagnostics, without examinations, etc. which contradicts the above article. That is, the sellers actually condition the fulfillment of the guarantee obligations of the seller and (or) the manufacturer by concluding an agreement (contracts) on the performance of maintenance work (TO) motor vehicle exclusively with certain economic entities (with organizations that perform the functions of a seller or manufacturer, or with other directly defined organizations). Accordingly, it is illegal to oblige consumers to carry out vehicle maintenance exclusively at authorized service centers indicated by the manufacturer or dealer.
To refuse warranty repair of a car in the event of untimely maintenance, the car dealership must prove a causal relationship between the untimely maintenance and failure of the part. Proven by expertise. Only the fact of untimely maintenance is not a basis for refusing warranty repairs.
In accordance with paragraph 1 of Article 16 of the Federal Law and Provisions of the Law, the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.
Thus, if a clause of a contract or warranty book contradicts the current legislation on consumer protection and infringes on the rights of the client, it is invalidated, regardless of whether it contains the consumer's signature.
Conditions that are contrary to the law are recognized as invalid.
In accordance with paragraph 2 of Article 16 of the Federal Law and Prohibition of Laws, it is prohibited to condition the purchase of certain goods (works, services) on the obligatory purchase of other goods (works, services). Losses caused to the consumer as a result of violation of his right to free choice of goods (works, services) are reimbursed by the seller (executor) in full.
It is forbidden to condition the satisfaction of the requirements of consumers presented during the warranty period, conditions that are not related to the shortcomings of the goods (works, services).
No one has the right to limit my choice, and even more so to create a monopoly of the place for technical inspection. The seller's warranty obligations are made dependent on conditions that are not related to product defects. Moreover, in accordance with Article 209 of the Civil Code of the Russian Federation, the right of the owner to own, use and dispose of his property at his own discretion is violated. I am no longer able to get service at a different location of my choice and at a lower cost.
This behavior of the dealer contains signs of an administrative offense under Part 2 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation: the inclusion in the contract of conditions that infringe statutory consumer rights, which entails the imposition of an administrative fine on legal entities- from ten thousand to twenty thousand rubles.
Based on the above, please:
1. Carry out warranty repairs to replace the steering rack and alternator clutch on my nissan car Teana VIN: ***** within the legal deadlines.
3) Sent by email. this claim to Moscow to the main office of Nissan, and also printed out this complaint and sent it by registered mail with notification to O.D. who refused me a warranty repair.
4) 3 days have passed since I sent a claim by email to Moscow, the warranty service director from the Auto Center (A.Ts) calls me, in which I was denied warranty repairs and says: ... please come at a convenient time for you so that we can discuss solution to your issue.
5) came to the A.C., met with the guarantee, he apologized for the fact that they made hasty decisions and at that time refused me a warranty repair. He also said that they have already ordered the necessary parts and on 11/20/09 they will change these parts under warranty.
6) they changed all the parts that were broken under warranty, gave me an order for an outfit and I saw there an amount of almost 50,000 rubles. and I think it’s good that they changed it under a guarantee and I won’t have to pay, otherwise I would have to pay a tidy sum ...
7) now they call once a week and ask how the car is, etc. =)
Whoever encounters a similar situation, use the above complaint, maybe it will help you save honestly earned money! Thank you for your attention =)
Issue price: 0 rubles"
Dealers regularly "take hostage" a new car warranty by threatening to refuse to replace problematic units if a customer tries to break out of their networks.
Russians who buy new cars are forced to undergo regular maintenance exclusively from an authorized dealer for several years after purchasing a car. Often, car owners have to endure queues and rudeness of service employees, overpay for consumables. In pursuit of revenue, the officials are ready to weld on the inattention of the client. And if there are disagreements, they threaten problems with warranty repairs. Life figured out how to break out of the networks of officials.
Many buyers notice the same feature of Russian car dealers: as soon as a person buys a car, polite conversations with him stop. And at the next visit to the station for technical inspection, the client strives to slip unnecessary services or deceive.
For a long time, dealers have not let car owners into the repair zone, citing safety precautions. Often, consumables (pads, filters, working fluids, etc.) are changed only in words and on a check that the servicemen present for payment. And those materials that were supposed to go for a scheduled inspection, the shift sells for its own benefit. This is the story of Yulia, who turned to the Nissan dealership for the next maintenance of the Qashqai car.
Of course, I am not a professional and do not understand cars, but even I can understand that the wheels, which had a slight coating of dust, after being removed to replace the pads, had to be either washed or with traces of the hands of a mechanic. I brought the car clean, apparently, that’s why they didn’t wash it when they drove it into the service, but there was country dust on the wheels, ”says Yulia.
According to her, after the completion of maintenance, the check indicated that the pads were replaced. Automotive forums are full of stories about how people did not change the oil, antifreeze, or supposedly filled with brake fluid above the maximum allowable volume.
Experienced craftsmen immediately see whether it is possible to weld on the client. For example, women who have recently been driving and older men are the most "sweet" contingent. So, you can write off some spare parts, but they cost money. For example, oil filter with a run of up to 30 thousand km, we changed very rarely. Regulation on brake fluid- about 60 thousand km. We often just added liquid to the tank, the rest went for sale. The client will not notice the difference anyway, - says Alexander, who has worked in the service center of one of the capital's dealers for ten years.
Some car owners ask for removed parts, but this is not a panacea for thieving mechanics. They can be given a similar spare part from any other car.
Once, without waiting for the next scheduled maintenance, I independently changed air filter engine, after which he went to an authorized dealer for a full service. Left the car. A few hours later the phone rang, they say, everything is ready, only the air filter needs to be urgently changed, its service life is over, it is covered in mud. The impudence of the employees of the service station, of course, struck me. I knew that they are scamming customers, but to be so clumsy is nonsense! - says automobile lawyer Sergei Radko.
There is a common misconception that if a person has always visited an official service on time, then under warranty they should change any failed parts. This is not the case, some items are not covered by the factory warranty. Their list can be found in the service book, and for each model it is individual. Another thing is that the dealer sometimes adds spare parts to this register on his own, taking advantage of the client's ignorance.
Often, automakers add fuel to the fire. For example, Kia is not responsible for the tires that are fitted to its vehicles. In the event of their marriage, the motorist must independently sue the rubber manufacturer. But the real problems for motorists begin when any marriage is opened, and the dealer is forced to change the unit, while doing free work. Very often, the service reports that an examination is needed to find out the causes of problems, but the client is not warned that the examination is paid.
In my practice, there was a case when a car burned out due to a short circuit engine compartment. The owner of the car filed a claim with the dealer, expecting payment for the burned-out car. However, an examination ordered by the dealer showed that the short circuit was due to additional equipment under the hood, which the owner of the car installed himself. As a result, he had to pay the dealer money for the examination - about 100 thousand rubles, - says Radko.
Another dealer trick is the so-called overrun. For example, the first maintenance is scheduled for the car to reach 10,000 km. A person must definitely come to this mark, otherwise the dealer will refuse warranty service. This condition is discussed in the contract, but few car owners know about it.
It is necessary to calculate TO in such a way as to avoid overrun. If a dozen kilometers are left before the fatal figure, and there is still a week before the visit to the official, it is better to park the car and not drive it, advises Sergei Radko.
Naturally, the dealer's position on this issue can be challenged. With the help of expertise, the client is able to prove that the properties engine oil did not change in any way due to a couple of extra kilometers, nor did it affect the engine in any way.
Farewell to the official
Increasingly, motorists are switching to third-party services. In addition to requisitions, they are not satisfied with the prices. For example, the first maintenance (carried out with a run of 15 thousand km) for Hyundai car Solaris from an authorized dealer will cost 9.3 thousand rubles. A similar set of works in a car service not authorized by the distributor, but specializing in the repair of Korean cars, will cost 4.8 thousand rubles. This is a serious argument, and dealers threaten to remove the car from the guarantee in case of refusal of their services. However, these claims are unfounded.
From the point of view of the law, the requirements of official dealers to undergo MOT only with them are unfair. There is no such thing as voiding a warranty. There is a non-compliance with the terms of the contract, which still needs to be proven. According to Article 16 of the Consumer Protection Law, it is prohibited to link the purchase of certain goods and services with the mandatory purchase of other goods and services. This means that the dealer does not have the right to blackmail with the removal of the warranty. According to the law, the consumer is free to choose a car service, - says Anton Nedzvetsky, head of the Society of Consumers of Automotive Equipment of Russia.
According to the lawyer, the 18th article of the Law "On Protection of Consumer Rights" states that the manufacturer or seller is responsible for the shortcomings of the goods if it is not proven that they arose as a result of a violation of the rules of use or the actions of third parties. This is the only reason a dealer can refuse a warranty repair.
For example, according to the regulations, a person changed the oil on his own in a third-party service, and after a while the engine broke down. The dealer has no right to refuse to replace the motor or repair it, unless it proves that the malfunction is related to low-quality oil or the poor work of the craftsmen who changed it. At the same time, the motorist also has the right to turn to an independent examination. This is even more so in cases where, for example, steering, which was not touched in a third-party service.
Automakers confirm that the right to remove a car from a warranty is not in the dealer's jurisdiction.
The customer cannot void the warranty. The obligation of the manufacturer is to eliminate defects of industrial origin free of charge. However, in the event that a causal relationship is identified between the maintenance carried out in a third-party service (or independently) and a malfunction that has arisen in the car that is not of factory origin, the elimination of this particular malfunction and the consequences caused by it will not be covered by the manufacturer's warranty, - explained the press Attache of the Russian office of Renault Anna Gemish.
However, in the dealer community for supporters of independent maintenance, the prospects are not bright.
As for maintaining a car warranty, if a person has repaired a car that is under warranty, on their own or in an unauthorized service, they may be denied warranty repairs. It depends on the policy of the importer and is decided on an individual basis. Even if the car owner ordered an examination, which established that the breakdown was in no way related to repairs on the side, it is not a fact that this examination was objective. Each such case is considered separately, - said Vladimir Mozhenkov, President of the Association of Russian Car Dealers.
Lawyers warn that denial of service from an authorized dealer and possible warranty repairs are sometimes associated with going to court. And you must first decide whether you are ready for this.
In the vast majority of cases, dealers will deny warranty repairs simply on the basis that the person has had the vehicle serviced elsewhere, without going into details. Customers are forced to order an examination, provide documents and certificates of conformity for used auto components in order to prove that the breakdown is in no way related to the work of a third-party service. If the examination confirms this, the dealer will pay for both the warranty repair and the examination, - says Sergey Radko.
Often, owners of new cars ask themselves the question - do I need (do I have to) undergo MOT (maintenance), I mean warranty, from an authorized dealer? And what happens if I refuse? After all, everyone is thinking how to “rob” me and, with an interval of 10 - 15,000 km, lure “exorbitant” money out of me! I’d rather buy oil myself (which manufacturer ordered), filters (oil, air, cabin, etc.) and replace it myself, two times cheaper (or even three). But what if something breaks on the car? The question here is not at all unambiguous, we will understand. As usual, there will be a video version at the end, so read on and watch ...
Actually, what kind of thing There are a lot of articles on the internet right now that say - that even if you yourself undergo maintenance (say, at home in your garage) and refuse a warranty pass from a certified dealer (after all, the price tag for work and materials sometimes differs by 2-3 times), then if the car fails (what breaks -or), the manufacturer will still YOU SHOULD REPAIR THE PROBLEM ! And if he refuses, then that's it - RUNNING TO COURT AND DEFENDING JUSTICE. But is this really so and what does the “Federal Consumer Protection Law” (abbreviated as FZoZPP), manufacturers and dealers themselves tell us. Today we will understand in DETAILS (so that later it would not be excruciatingly painful).
I have two illustrative examples and they both defend the same and opposite point of view:
- When on a car that passed only the first MOT (at 15,000 km) and at 47,000 km, the steering rack and generator bearing broke (although the second (at 30,000) and the third at (45,000 km) MOT were not completed) - She had these units replaced under warranty. !
- Second case. When on a car that traveled about 69,000 km (the maintenance interval was 10,000 km, only the first maintenance was completed, the rest did not), the automatic transmission ordered a long life - warranty was denied !
So where is the truth? Let's examine each example in depth. The article will be large, BUT USEFUL. So let's stock up on tea and go
Replacement under warranty - case one
Now there are a lot of examples on the Internet - when something changed on a car, even on one that did not undergo maintenance at the dealer (usually they do the first, and then they clog and change everything in the garage)
Let me remind you - we will talk about the steering rack and generator bearing. Which failed at 47,000 km (but 2 and 3 MOTs were not performed at an authorized dealer). However, everything was replaced under warranty.
There are reasons for this, they usually refer to several articles in the law of the Federal Law of the Russian Federation. To start, we read:
Clause 6.8, article 5 of the Federal Law The manufacturer (executor) has the right to establish a warranty period for the product (work) - the period during which, in the event of a defect in the product (work), the manufacturer (executor), seller, authorized organization or authorized individual entrepreneur, importer are obliged to satisfy the requirements of the consumer established by Articles 18 and 29 of this Law.
Here we need to look at our warranty, for many it goes - 2 years, for Japanese-Russian-3 years (they also limit the mileage to 100,000 km), and for many Korean-5 years (150,000 km).
YOU NEED TO REMEMBER:
The warranty period is the period during which, if a defect is found in the car, the manufacturer, seller, authorized organization or authorized individual entrepreneur, importer are obliged to satisfy the requirements of the consumer established in the FZPP
Warranty up to 100-150000 km. Contradicts the above law, since the warranty period is a period, and a period is a length of time. Accordingly, time cannot be measured in kilometers.
Clause 6, Article 18 of the Federal Law (and Clause 2 of Article 476 of the Civil Code of the Russian Federation) In relation to the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, importer, is responsible for defects in the goods, storage or transportation of goods, actions of third parties persons or force majeure.
To refuse warranty repair of a car in case of untimely maintenance, a car dealership must prove a causal relationship between the untimely passage of maintenance and the failure of the part . Proven by expertise. Only the fact of untimely maintenance is not a basis for refusing warranty repairs.
That is, if there is a guarantee up to 100,000 km, BUT you have not undergone MOT. Then the dealer (manufacturer) needs to prove that the broken rail and generator bearing at 47,000 km broke precisely because you did not undergo maintenance at the dealer, conduct an examination
Clause 1, Article 16 of the Federal Law the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.
Thus, if a clause of a contract or warranty book contradicts the current legislation on consumer protection and infringes on the rights of the client, it is invalidated, regardless of whether it contains the consumer's signature.
Conditions (which the dealer, manufacturer is trying to impose on you) that are contrary to the law are invalidated!
Clause 2, Article 16 of the Federal Law It is prohibited to condition the purchase of certain goods (works, services) on the obligatory purchase of other goods (works, services). Losses caused to the consumer as a result of violation of his right to free choice of goods (works, services) are reimbursed by the seller (executor) in full.
It is forbidden to condition the satisfaction of the requirements of consumers presented during the warranty period, conditions that are not related to the shortcomings of the goods (works, services).
In simple words, no one can LIMIT ME IN THE RIGHT OF CHOICE! And even more so to monopolize the places of technical inspection! The manufacturer's (seller's) warranty is made dependent on conditions not related to product defects. Moreover, in accordance with Article 209 of the Civil Code of the Russian Federation, the right of the owner to own, use and dispose of his property at his own discretion is violated. I am no longer able to get service at a different location of my choice and at a lower cost. That for many it is categorically IMPORTANT!
Such behavior of dealers and sellers (manufacturers) contains signs of an administrative offense under Part 2 Art. 14.8 of the RF Code of Administrative Offenses : the inclusion in the contract of conditions that infringe on the rights of the consumer established by law, which entails the imposition of an administrative fine on legal entities - from ten thousand to twenty thousand rubles.
There are a lot of LETTERS, but if you summarize in SIMPLE WORDS. It turns out that:
- The manufacturer gives a guarantee for the PRODUCT, in this case it is a car.
- The dealer cannot (JUST SO) refuse warranty repairs to you, even if you have not undergone MOT with them
- If the dealer refuses you, he must have good reasons for this, for example, an examination proving that he is right
- If there are no good reasons for refusal, then the dealer must fix the part of the car that failed. Even if you didn't pass MOT!
Everything seems to be great and you can use it. BUT as practice shows, such jurisprudence took place in 2010-2012. But now dealers and manufacturers have become much smarter.
Case Two - Warranty Disclaimer
“For every force of action, there is a force of reaction” is a law of physics. Of course, dealers and manufacturers began to plug these holes in the law and now EVERYTHING IS NOT SO SIMPLE.
I will quote the paragraph of the law, which I quoted above:
Clause 6, Article 18 of the Federal Law (and Clause 2 of Article 476 of the Civil Code of the Russian Federation) In relation to the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, importer, is responsible for the defects of the goods, if it does not prove that they arose after the transfer of the goods to the consumer as a result of the violation by the consumer of the rules of use , storage or transportation of goods, actions of third parties or force majeure.
As you understood the key word here is - if it does not prove that they arose after the transfer of the goods to the consumer as a result of the violation by the consumer of the rules of use
But these rules can be adjusted. Now many (yes, almost all manufacturers), from our Russians to elite Germans, have the following inscription in the service book:
Carrying out work on maintenance and repair of the car not at the official Dealer LLC (Such and such a manufacturer), as well as untimely maintenance (more than 1000 km or more than 30 days, whichever comes first), may cause a limitation of warranty obligations for automobile
Well, now we put everything on the shelves:
- Who is OD - official dealer? This is a certified service center that has trained its employees to repair and maintain a certain type of car. Which then passed the exams and received the appropriate certificates for this. And how many third-party companies (regular service stations) have done this to their employees? I think few people!
- The manufacturer's warranty, according to the law, of course, not one official dealer can take away. BUT ONLY for those nodes that a priori do not require maintenance. FOR EXAMPLE - body, cardan shaft, manual transmission (and that’s not a fact), a beam, some suspension parts (for example, silent blocks, shock absorbers, stabilizer struts, etc.), steering rack (and even if it also needs to be serviced), bearings, electrics (and even then not all) , catalysts, etc. THAT is everything that should go for a long time (ideally, the entire life of the car).
- BUT for units that require maintenance, and a priori it must be carried out by an authorized dealer (see point 1), you will simply be politely refused. These units include the most expensive units - the engine, automatic transmission, clutch, air conditioning or climate control, even the cooling system (all radiators, stoves, etc.), etc. you will be politely refused.
Thus, in the second case, when on a TOYOTA CAMRI with a 3.5-liter engine, the automatic transmission died already at 69,000 km (and it can die there at 7,000 km). The owner, who believed in the reliability of CAMRI, did not go through MOT at the officials, but did everything himself. And then having started the court - I LOST IT WITH TRUSKY!
Arguments of the official dealer (manufacturer):
- Did you change the oil in the automatic transmission or not? She should have been 60,000 km away
- What oil is filled in?
- At what station did the change take place? Are there any certificates (in this case, TOYOTA) on staff training
- By what method (method) was the replacement made?
Only the third paragraph already gives the right to refuse repair or replacement under warranty.
MY OPINION
Friends will express their opinion about the warranty on the car and undergo MOT at the dealer or do it yourself.
Let's start with the fact that, of course, dealers have a much higher price. If we take an ordinary car, class "B" let's say. Then the cost of maintenance will be within 5 - 6000 rubles. NOT LITTLE!
However, let's calculate how much it will be if you do MOT yourself:
- Oil is now a very large run, but let's take a good one and it's about 1800 rubles.
- Oil filter (I take the prices of the originals, since they will put you at the station just like that) - 300 rubles
- Air filter - 350r
- Cabin filter - 300r
TOTAL we have ONLY about 3,000 rubles for all consumables, well, we ourselves change everything in a friend's pit!
Difference of 2-3000 rubles (is it a lot or a little) . Of course, now there are a lot of unscrupulous dealers who bend you sky-high prices (they can bend up to 8000r in RIO). But no one is forcing you to do it for that price. You are a sociable person, call other official dealer centers(if it is Moscow or St. Petersburg, there are no problems with this at all). If you are from a small town with only one dealer, then call the neighboring towns, sometimes it is much cheaper to roll up to them. For example, in your city it is 8500 rubles, and in the neighboring city it is 5000 rubles, the road is 100 km (one way), well, you will burn fuel for 500 - 600 rubles, but saving 3000 rubles.
MY PERSONAL OPINION DO THIS AT THE OFFICIAL DEALER ! There are several reasons for this:
- If your car is complex, has a lot of everything electronic, climate control, automatic transmission. Even if all this is VERY strong (proven manufacturer) - it can break. And believe me, no maintenance savings of 2-3000 rubles can cover this repair!
- Many bring their own oils and filters. THIS IS NOT REALLY FORBIDDEN AND DEALERS GO FOR IT! BUT I wouldn't do that either, why? Yes, simply because, if anything, an examination will take place and it may reveal a discrepancy with the manufacturer's standard. Then again they will refuse to repair you. And if you buy from them, keep all the receipts, where it is written that such and such oil was bought and poured, then it will be much more difficult to get out.
- And even if your car is simple, let's say without a radio at all, on oars ("window twisters") it will still have a catalyst, which now has not reached the end of the warranty. If this baby gets into the engine, then consider him a khan.
No savings in 2000-3000 with maintenance will cover its repair! However, here everyone decides for himself, it was my personal opinion, yours may be different. Maybe you are an experienced mechanic who has a warehouse of spare parts (for your new purchased car) and you don’t need this warranty for nothing!