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Published: 10/31/2018
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To understand the issue of the warranty period of auto parts, the consumer needs to familiarize himself with Federal Law No. 2300-1 “On the Protection of Consumer Rights,” namely, paragraph 6 of Article 5. It states that the manufacturer or seller can install or service warranty period.
- Warranty period for auto parts Warranty conditions
- Warranty period for spare parts
- Warranty start time
- Persons responsible for product defects
The warranty period is the time interval during which the buyer, upon discovering a defect in the purchased product or service, has the right to contact the manufacturer or seller with a request to eliminate the defect, return or exchange the purchase, or reduce the price by the value of the existing defect.
The above law also applies to automobile spare parts. Accordingly, the seller’s or manufacturer’s side is responsible for defects in the product that have a warranty period if it cannot prove that the defect was received after the part was transferred to the buyer (clause 6 of Article 18 of Federal Law No. 2300-1).
If the consumer can prove that the damage occurred before the goods were transferred to him, the seller or manufacturer are also responsible for defects in the part, even for which a warranty period was not provided (clause 6, article 18).
If the product does not have a warranty period, then, according to paragraph 1 of Article 19 of Federal Law No. 2300-1, a citizen has the right to contact the other party with a demand to eliminate the damage within a reasonable time, but not more than two years.
If we talk about spare automobile parts as components of the main product, then we need to rely on paragraph 3 of Article 19 of Law No. 2300-1. It states that the warranty period for component parts is established under the same conditions as for the main product, unless other rules are provided for in the agreement of the parties.
What the law says
The Civil Code of the Russian Federation and the Law “On the Protection of Consumer Rights” describe in detail how and what can be returned to the seller within 14 days after the day of purchase. The phrase “used goods” does not appear in the list, which means that they fall into the category of ordinary goods. Consequently, their warranty extends to no more than two weeks.
I got a used intercooler for Nissan, but it didn’t fit or was faulty... You can claim your rights. If everything is fine (“the product is of adequate quality, the consumer properties are preserved, the spare part was not installed, there is a receipt confirming the purchase from this seller ...”), they will exchange it for you - but this is ideal.
In practice, most companies rely on specific excerpts from the same 25th article of the Law, citing the lines that “there should be no traces of installation, operation, any use...”, etc. And in the case of used parts, it is very difficult to prove the opposite. Of course, the world is not without good people! And perhaps you will be able to find those who will turn a blind eye to the problem and will not go into the details of the Civil Code, but will simply meet the client halfway and thus preserve their good reputation.
There is a list of products that cannot be returned or exchanged even within two weeks after purchase. It includes complex electronic parts and engines. Used and
contractual
body parts, optics, and chassis are not included in this list, so the buyer has a chance of a successful exchange or return (in the absence of a spare part for exchange).
Cars are included in the list of goods that cannot be returned within two weeks.
Warranty for used spare parts according to the law
We draw your attention to the fact that you should seriously consider the issue of choosing a service center to carry out work on replacing used units. Because There are a lot of nuances during their installation and startup that a service specialist must know and take into account. As a rule, all units are transported without liquids , and could also be stored in warehouse conditions for a long time - at atmospheric temperatures and natural humidity! This determines the peculiarities when working with used spare parts.
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Warranty period for auto parts
The warranty period for automobile spare parts is set independently by the manufacturer or seller. But when establishing it, special attention is paid to the category of goods, on which the period and validity of the warranty depend.
Warranty conditions
When purchasing a spare car part, the consumer needs to know that in certain cases it will not be possible to return a defective product for repair or exchange during the warranty period. Typically, such cases include:
- Independent opening and repair of auto parts.
- Incorrect installation or operation of a part , which led to the appearance of deficiencies and malfunctions.
- Damage to auto parts due to the action of other faulty parts of the car.
The consumer should also be aware that parts subject to normal wear and tear are not covered by a warranty period. The exception is those cases when the damage to the spare part is a consequence of a malfunction of the vehicle component. Typically, such parts include filters, spark plugs, wiper blades, system hoses, capacitors, brake discs, pads, etc.
If during the warranty period the consumer needed to return a spare part for repair, then the warranty period will automatically
suspended
and is resumed only after receiving the spare part after repair.
In this case, the warranty is increased by the time during which the consumer was not able to use the part.
Warranty period for spare parts
The warranty period is set by the manufacturer or seller at its own discretion and cannot be a mandatory condition for the provision of the product.
The warranty period may vary for different categories of spare parts. For example, for non-original spare parts the warranty period is usually set between 14 and 30 days. For original automobile spare parts, the warranty period is usually 2 months, unless another time is established by the agreement of the parties.
If the warranty period is set by the manufacturer, the warranty period is calculated depending on these data.
As for electrical and electromechanical spare automotive parts and consumables, there is no warranty period established for them.
Warranty start time
According to paragraph 2 of Article 19 of Federal Law No. 2300-1, the warranty period for any product begins to run from the moment it is transferred to the consumer.
Accordingly, the warranty for auto parts begins to count from the moment the purchase and sale agreement is executed .
If for some reason it is not possible to determine the day of sale of the spare part, then the warranty period is counted from the moment the part was manufactured.
When purchasing auto parts
remotely
and when received by mail, the warranty period begins from the date of its receipt. The warranty period is determined in the same way if the time of sale and the time of receipt of the spare part do not coincide.
As for the warranty for a spare part installed in a car service, it is calculated from the moment of its installation.
Persons responsible for product defects
Responsibility for defects in auto parts under warranty lies with the person who established the warranty period.
According to paragraphs 6 and 7 of Article 5 of Law No. 2300-1, the warranty period is established either by the manufacturer or the seller, if the manufacturer has not established a warranty. Also, requirements for the elimination of defects can be presented, according to the definition of the warranty period, to an authorized individual entrepreneur, importer or authorized organization.
If a part is installed at a car service center, claims regarding the detected defect in the spare part must be submitted directly to this car service center within the established warranty period.
Consumer rights
In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or the importer are obliged to conduct an examination of the goods at their own expense. The examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to satisfy the relevant consumer requirements. 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 examination in court.
Return deadlines for contract spare parts
In general the situation is like this. After an accident, I purchased contract spare parts to restore the car. At the time of sale, it was noted in a copy of the receipt and verbally that returns were only possible within a week. At the service station, they started repairing the car only on the 8th day, and it turned out that part of the bodywork was not suitable, because... The car is from America, and the used parts are from Germany and they are not interchangeable. Question: How legitimate are the specified deadlines for returning goods?
Contract=BU. Draw conclusions.
Nissan Sunny - 1997 Nissan Bluebird Sylphy - 2001 FF2 - 2010.
Skoda Yeti. FV Tiguan.Try to talk to the seller, we are all people, we can agree to a meeting.
author, the law does not provide for the replacement and return of used spare parts. If the seller offers a guarantee of several days, then you need to say thank you.
I have a rat in my pocket. I found it in the forest. It’s dead and bald. I’m taking it home...
Interesting: How is the issue resolved when the seller sends junk instead of the promised (and shown in the photo) spare parts? We are talking about the purchase of a contract automatic transmission, instead of which I received rubbish. Place of sale Novosibirsk - Buyer in St. Petersburg.
Message from
A_l_e_x_SpbInteresting: How is the issue resolved when the seller sends junk instead of the promised (and shown in the photo) spare parts? We are talking about the purchase of a contract automatic transmission, instead of which I received rubbish. Place of sale Novosibirsk - Buyer in St. Petersburg.
They tell you that the warranty does not apply to used goods by law. The fact that sometimes used car sellers take on warranty responsibilities is purely their goodwill.
Message from
A_l_e_x_SpbInteresting: How is the issue resolved when the seller sends junk instead of the promised (and shown in the photo) spare parts? We are talking about the purchase of a contract automatic transmission, instead of which I received rubbish. Place of sale Novosibirsk - Buyer in St. Petersburg.
Contract details are a lottery. Everyone should know this when purchasing. And if you are not a fan of playing the lottery, buy new parts.
Auto parts wholesale and retail website: kumir54.ru
We also give a week for replacement. The date is also marked on the check. I was looking for contract racks. One didn't fit. It was also overdue, only by two weeks. I went to change and persuade. They waved their hand, took the stand and sent it to the warehouse to look for a suitable one.
You can, of course, conclude an agreement in which you specify all the conditions that interest you, but I don’t think that under such an agreement anyone will be lucky enough to bring you used spare parts.
I have a rat in my pocket. I found it in the forest. It’s dead and bald. I’m taking it home...
Message from
GornyContract details are a lottery. Everyone should know this when purchasing. And if you are not a fan of playing the lottery, buy new parts.
Interesting. That means lottery. Those. when they promise one thing (and show a photo of the desired automatic transmission) and send something completely different, does that mean I’m unlucky in the lottery? A convenient position, but who will buy from you in this case? because playing the lottery for 20,000 is a little expensive, don’t you think?
then A_l_e_x_Spb Can you prove in court that there was one in the photo, but they brought another? No, because of this you can consider that you were unlucky in the lottery. You need to think before doing something, and not vice versa.
I have a rat in my pocket. I found it in the forest. It’s dead and bald. I’m taking it home...
Sorry for the necropost, but still, if the spare parts are sold without a contract, only the receipt is issued, is there some kind of guarantee? Or is Article 18 of the Law on the Protection of Consumer Rights still in effect: According to Article 18 of the Law “On the Protection of Consumer Rights” “1. If defects are discovered in the product, if they were not specified by the seller, the consumer has the right, at his own discretion: to demand replacement with a product of the same brand (same model and (or) article); demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price; demand a proportionate reduction in the purchase price; demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party; refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product. At the same time, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality.”
Engines and gearboxes for any car! Guarantee. Installation. t. 8-924-548-8-548 (Tel/WhatsApp)
I’m wondering if there was no agreement, just a cash receipt, how can you demand termination of the purchase and sale agreement and a refund of funds?
Message fromGERMES
Sorry for the necropost, but still, if the spare parts are sold without a contract, only the receipt is issued, is there some kind of guarantee? Or is Article 18 of the Law on the Protection of Consumer Rights still in effect: According to Article 18 of the Law “On the Protection of Consumer Rights” “1. If defects are discovered in the product, if they were not specified by the seller, the consumer has the right, at his own discretion: to demand replacement with a product of the same brand (same model and (or) article); demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price; demand a proportionate reduction in the purchase price; demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party; refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product. At the same time, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality.”
Engines and gearboxes for any car! Guarantee. Installation. t. 8-924-548-8-548 (Tel/WhatsApp)
Yes, in any case, according to the law, there are no guarantees on a used one. A man recently bought a contract engine from a friend in a store for 100 thousand, didn’t like something during the installation, but couldn’t return it. The main thing for the seller is to warn the buyer that the product is used, then he relieves himself of all responsibility
I'm not blonde...not brunette...bald or what???
In many, even large, offices there are signs saying “contract spare parts cannot be exchanged or returned,”
although they may give you a few days to check.A simple situation happened to me - a man ordered a motor (car from 1989), accepted the money from him at the address, showed him a photo, he gave the go-ahead. The motor arrived, he took it, and after 4 days he told me that he didn’t want to install it, since he had several types of sealant, he was also confused by the clamp and the coking of the motor in general. I offered him an exchange for another one, he refused, he said that the money should be returned to him, and that I should come and pick up this motor myself, 150 km from my place of residence. I refused. He said that he would order an examination and there would be a trial - I would wait
