The warranty for the car according to the law for how long. Car warranty service: required documents and terms

The car warranty has long been an advertising gimmick for dealers who take advantage of the legal illiteracy of the population to increase sales.

In this article we will deal with the warranty periods for the car, and how the law protects the rights of motorists.

There are 3 types of car warranty: by law, from the manufacturer and from the seller

There are three types of vehicle warranty periods:

  1. Guaranteed by law.
  2. Manufacturer's warranty.
  3. Seller's warranty.

Let's deal with each of them.

Guaranteed by law

The warranty period for a car in Russia in accordance with The Civil Code is six months. Regardless of brand, model and country of origin, within six months you can apply for a repair under warranty.

Manufacturer's warranty

Car manufacturers have their own standards. European standard implies a two-year manufacturer's warranty without any mileage restrictions. Asian manufacturers have a warranty period of three years or 100 thousand kilometers.

Domestic front-wheel drive cars (and such are the vast majority on the market) also receive a three-year warranty with a mileage limit of 50 thousand kilometers (usually the mileage limit is consumed before the end of the three-year period from the date of purchase).

Seller guarantee

According to the law, the dealer has no right to set the warranty period for the car less than the statutory period or the one determined by the manufacturer. Therefore, in the hands of car dealerships, a guarantee becomes a purely advertising gimmick designed to attract a customer.

Today you can often hear about an almost eternal car warranty. But there are many pitfalls. The fact is that the dealer always includes in the sale price of a car the risks associated with its warranty repair, and will never increase his costs, even if it is a luxury car.

There is an unwritten rule: the longer the warranty period, the fewer warranty cases the contract will include. That is, if you buy a car seduced by a ten-year warranty period, get ready for the fact that you will be repaired in extremely rare cases.

Nuances of car warranty

The car consists of many parts, each of them can be equipped with a different warranty period

A car consists of several thousand parts. Some of them are subject to rapid wear.

This will certainly be reflected in the warranty, so pay attention to the corresponding clause in the contract.

For units and assemblies, whose normal wear and tear is higher, the warranty may not apply at all, or it may apply, but with great restrictions.

Please note that the car has and expendable materials, which under no circumstances will be covered by the warranty. It:

  1. Drive belts.
  2. All kinds of filters.
  3. Light bulbs.
  4. Candles.
  5. Operating fluids.
  6. Brake pads.
  7. Circuit breakers.

Another subtlety is the guarantee for the paintwork. It always stands as a separate clause in the contract, and its term is usually equated to the general warranty obligations. However, there is a sub-clause on corrosion perforation. The body warranty for corrosion perforation is most often two to five times the total period.

Seemingly an attractive condition. However, there is a trick here: this warranty case begins to work exclusively with perforating corrosion. That is, when the rust has eaten a hole in the body into which you can stick your finger through. Normal external corrosion appearing on the body will not fall under this clause.

In the operating conditions of vehicles winter period on the roads of Russian cities, a long warranty for paintwork is becoming a very controversial plus. It does not apply to mechanical damage and chemical damage. That is, if your paint fades in the sun or begins to crumble from exposure low temperatures, - this is recognized as a warranty case.

But for anti-ice measures, utilities often use aggressive reagents that have an extremely negative effect on the car body. Therefore, if after the first winter your thresholds began to rot or the underbody corroded, it is useless to make a claim to the dealer. In this case, you will have to sort things out with the organizations that carried out road maintenance in the winter.

Legal educational program

The warranty period starts from the moment the vehicle is handed over to the buyer

Useful information about some of the implicit points related to warranty periods and car repairs:

  1. The warranty period starts from the moment the vehicle is handed over to the buyer. It doesn't matter to the consumer when the car was produced: the warranty starts from the moment you get behind the wheel.
  2. The car belongs to the category technically complex goods... Therefore, according to the law "On Protection of Consumer Rights", you can apply for free repair and after the end of the warranty period. In this case, it is necessary to prove that the breakdown is significant, and that it was caused by some actions of the manufacturer or seller even before the purchase.
  3. The warranty is extended for the period of car repair. The repair period is considered from the moment the client contacts the service center until the car is handed over to him after troubleshooting. These two dates must be supported by appropriate documents.
  4. If the breakdown of the car is so serious that it is replaced with a new one, then the warranty starts again.
  5. Service centers often "forget" that it is necessary to extend the warranty period for the replaced units and assemblies that are under the manufacturer's warranty. For example, your gasoline pump with a one-year warranty broke down after 11 months and 20 days and was replaced with new toy the same brand and the same manufacturer. It will be backed by a one-year warranty.
  6. Another important aspect of any warranty repair is urgency. By law, you must eliminate all warranty deficiencies within a reasonable time frame, that is, within the minimum time period required for repairs. If you applied to the service under warranty with the replacement of a pump, and you are asked to wait a week, then you have the right to file a claim for a penalty (1% of the cost of the car for each day of waiting).
  7. If a car breakdown does not allow it to move under its own power, then you have the right to evacuate the car at the expense of a car service that performs warranty service.

Whatever the purchased product, it necessarily has a warranty period. This also applies to cars.

When a breakdown is detected during the warranty period, the owner must contact the service center, where he is required to provide free service.

Important! Free repairs are guaranteed only if the problems encountered are not the result misuse car.

In addition, the owner of the car needs to undergo a free scheduled maintenance during the warranty period.

The above norms are included in the Law "On Protection of Consumer Rights" and in the Regulation on Warranty Repair passenger cars and motor vehicles.

The right to guaranteed service of the car comes from the moment of its transfer to the buyer. During this period, the manufacturer assumes responsibility not only for the quality of the products, but undertakes to perform the necessary maintenance associated with the detection of problems that have arisen during the assembly of the machine.

The production of cars requires the fulfillment of special technical conditions. In this regard, you, as a buyer, in the event of a breakdown of the machine, have the right to demand the following:

  • Free car repair (completely or its individual components), complete replacement goods;
  • In case of discovery of previously unnoticed defects, you can demand their free elimination after the warranty period expires;
  • Regular technical inspection vehicles;
  • Payment of funds that were spent on transporting the car to the place of repair (in case of leaving vehicle failure on the way or when using a tow truck);
  • Completing the car with spare parts, such as spare wheelwhich must be included with the vehicle.

Important! TO - the procedure is paid. But all costs for spare parts, repairs, etc. are covered by the manufacturer or seller.

Conclusion of a contract for the maintenance of a vehicle

When the car arrives for maintenance, a contract is concluded between the service center and the owner.

It has a generally accepted form.

In most cases, the contract contains the following information:

  • Date of appeal, where the agreement is concluded, information about the parties to the agreement (address, contact numbers, etc.);
  • Name and address of the service center, contact phone number;
  • Car make and model;
  • Under what conditions will the repair be free of charge;
  • What rights they have and what responsibilities are assigned to the parties to the agreement;
  • How much does the repair cost, and in which case the case is considered a warranty;
  • What is the time frame for repair under warranty, a list of parts that are subject to free repair;
  • Signatures of the parties to the agreement.

In each case, separate clauses of the agreement can be removed or added.

Important! Before you put your signature on the document, read it carefully.

The agreement should not prescribe clauses dictated by the service center or dealer.

Owners are not required to purchase parts or parts directly from the repair company. In addition, no one has the right to force owners to order additional paid services (car wash before inspection, etc.).

Together with the contract in the service center, you must submit a book service... If it is not there, then the contractor is obliged to accept the car only on the basis of the contract.

The parties to cooperation (car owner and contractor) may not draw up a written contract, since this requirement is not mandatory. The terms of warranty service are described in legal acts.

Availability of a warranty card

When buying a product, the buyer receives a warranty card. Based on this document, the service center is obliged to provide free repair services.

The coupon contains information about the car model, its external characteristics, data on part numbers. The document also contains information about the owner and the seller.

A warranty card is issued directly upon purchase of a car. In case of loss, you must contact a car dealership to restore the document.

Terms of car repair work

The time established by legislative acts is allocated for the performance of vehicle maintenance and its warranty repair. Thus, a technical inspection must be performed within 2 days from the date of receipt of the vehicle.

The repair of the car in the service center is carried out within 10 days. In the case of additional examination, it may take more time (but not more than 20 days).

Note! Changing temporary rules in the contract is unacceptable.

If you are writing an application for repairs, write down the repair terms yourself. Nobody has the right to change them. This will be a violation of the law.

If the repairs are not completed within the period specified in the contract, demand the payment of a forfeit. Its size is 1% of the cost of the car.

Important! Car warranty repair cannot last more than 45 days.

When the machine does not meet the required criteria, request a replacement product. If you are generally disappointed in the products - write a request for a refund.

Claims for the purchased product are considered within 30 days, and repairs must begin immediately after the vehicle arrives.

Application for car repair under a warranty service agreement

If you have contacted a service center for the purpose of repairing a car during the warranty period, make a corresponding statement. Verbal agreement is sometimes difficult to prove.

The application does not have a mandatory form, although some points should be standard:

  • Name of the service center, dealer or manufacturer, address;
  • Personal data of the owner of the car, his address, contacts;
  • Make and model of the car;
  • List of problems;
  • What are the requirements of the owner (on the basis of Article 18 of the Law "On Protection of Consumer Rights");
  • The requirement to extend the warranty period for the time spent on car repairs (documentary confirmation is required);
  • Personal signature of the client, date of appeal.

Is the contractor obliged to provide a replacement car during the repair?

Many clients of the service centers really feel that they are obliged to give them a car for temporary use.

Government Decree No. 1222 provides a list of goods that are not subject to temporary replacement (for the period of repair).

Among other goods you can find a car there.

Note! If a customer with a disability handed over the car for repair, his vehicle must be temporarily replaced.

Special purpose vehicles that are being repaired cannot be temporarily replaced.

It is always a shame if a new - warranty - car suddenly starts to "play up" and has to be taken to service. And it is absolutely unpleasant when the official service station declares: this is not a warranty case, you will have to pay. We find out what it is - a guarantee: customer care or marketing ploy?

A car is a super-complex technological device consisting of more than 10,000 parts. A large number of mechanisms are in motion from the very first minutes, they are affected by the forces of friction, gravity, pressure, as well as huge temperatures and much more.

Regardless of whether new car or used, bought a minute ago or left for a year, German, Japanese, French, Korean, Russian - absolutely everything breaks! Because humanity has not yet learned to deceive the laws of physics. Especially when they are superimposed on imperfect technology, designer error, production equipment failure, or human error.

No matter how offensive it is, there is no need to arrange a tragedy from any car breakdown. And in case of refusal by an authorized dealer to provide warranty repairs, there is no need to create scandals. Shouts, obscenities, curses, tantrums, tears and similar behavior on the part of the client rarely lead to positive results.

You need to understand each case calmly and carefully. Dealers often take advantage of the ignorance and carelessness of the client, and the car owners are in full confidence the fact that the manufacturer now owes them the grave. Forewarned is forearmed! To avoid unnecessary problems, let's try to figure out what a car warranty is.


In addition, even during the main warranty period, units subject to normal wear and tear are covered with limited or no warranty at all. So, on brake discs and drums, shock absorbers, accumulator battery, oil seals and seals, gaskets different types, clutch, stabilizer bushings, front and rear suspension, shock absorbers and other quickly wearing out parts, the warranty sometimes does not exceed a year or 20-50 thousand kilometers. huge restrictions are imposed on the remaining 2 years and 50,000 km: for example, after three years, a guarantee for everything attachments engine disappears.

And for filters of all types, drive belts, candles, brake pads, operating fluids, bulbs and fuses are not covered by the warranty in principle.

Another loud statement of the same concern is a 7-year warranty for kia model Quoris. This is also a marketing gimmick: the general warranty gives a body warranty against punch-through corrosion. Otherwise - the same 3 years and 100,000 kilometers. The remaining four, again, with great restrictions.

Creators of the sensational electric car Tesla Model S claim 8 years and 200,000 km of warranty. But if you read the text of the manufacturer's obligations, you can find out that such a guarantee actually applies only to batteries.

IMPORTANT! Automotive companies are obliged to provide the buyer with information about all conditions of the warranty. Firms respecting themselves and their clients, as a rule, do not hide this information and often put it in the public domain, as well as write it down in sales contracts and car service books.

The problem with warranty disputes is very often that russian buyers this information is ignored and does not always delve into its essence and subtleties. This is what dealers use later, making up justified refusals in warranty service.

Therefore, in order to avoid unpleasant situations, frustrations, misunderstandings and grievances against the manufacturer, service or the car itself, be sure to read all the nuances of the warranty before buying.

A separate line contains the guarantee for the paintwork (LCP) (as a rule, it coincides with the period of the general guarantee) and, most importantly, the period of the guarantee against perforating corrosion on the body (in most cases, the period of the general guarantee for the car is 2-6 times longer, depending on the production preparation of the body).


There are nuances

Here, too, it is worth remembering a lot of nuances. For example, the warranty on the body will be valid in the case of perforating corrosion. That is, when the rotten iron can literally be pierced with a finger. If, on the other hand, rust spots appear on the body, the warranty service will most likely be refused with reference to the phrase "through corrosion".

Here, by the way, the owners of European brands have a significant advantage, the designers of which are much more responsible for anti-corrosion treatment body. As a result, the body warranty period for European models is on average 10-12 years, while for Japanese and korean cars body warranty usually does not exceed 6-7 years.

A separate item is a guarantee for the body of a car restored after an accident. Since body repair in service conditions is very different from the production process at the factory, dealerships, as a rule, take warranty obligations for the repaired elements. But the terms of these obligations may differ from the factory ones. So this should be remembered too.

For the most part, the paintwork warranty has one limitation - no mechanical damage... And if chips and scratches do not cause controversy, then the fading of paint in the sun with the loss of its original shade, as well as the influence of strong negative or positive temperatures, can also be recognized as an external effect.


Chemical attack on the paintwork is also not a warranty case. So, if the paint has peeled off from the thresholds, wings and doors after the first winter, most likely it will not be the manufacturer of the car that will have to make claims, but the utilities that spray our roads with pesticides in winter. Although the quality of the paint used will also characterize the manufacturer.

IMPORTANT! Very often the manufacturer indicates: the warranty starts from the moment of sale (transfer) of the car to the first buyer. In fact, the car warranty begins to operate from the date the buyer signs the documents for the ownership of the car, that is, the purchase and sale agreement and the acceptance certificate.

If for some reason the buyer signed the documents, for example, on December 30, 2013, and took the car from the passenger compartment only on January 9, 2014, then the guarantee will be valid from December 30. And if after three years the car, God forbid, “knocks” the engine on January 1, then it will have to be repaired at its own expense.

Manufacturer requirements

To protect yourself as much as possible (and indirectly still the buyer), the car manufacturer makes a number of mandatory requirements for the operation of the car.

One of the main requirements during the warranty period is the passage of all routine maintenance at official dealer stations using only original spare parts.


There is nowhere to go. No matter how expensive and no matter how many "handy" craftsmen are in the neighboring garage, only the dealer will have to repair the car during the warranty period. The dealer does not know you or your craftsmen, which means that he certainly does not trust. Even if you give your head on the cut-off that you can replace the same oil in the engine quickly and blindfolded, you must justify your skill to the dealer. And this can be done only by receiving a certificate from the official representation of the brand, which is issued only to employees of the official service.

IMPORTANT! The noticeably higher prices for servicing from official dealers are caused not so much by the very possibility of setting them as by the costs of fulfilling contractual obligations to the official representation of the brand. And these demands are inevitable and extremely burdensome.

Just imagine how much it costs to build and maintain a huge service center, with the purchase of a spare parts warehouse, expensive equipment and training of numerous personnel. The dealer, of course, drives all these costs into the cost of service and the extra charge for spare parts. Otherwise, the station would simply go broke. As they say, nothing personal - just business.

Moreover, since modern car is actually a mobile computer, all service actions, updates and this car will have to be reported via diagnostic system, which is very often at the disposal of only authorized dealer... Otherwise, despite the oil change, without computer confirmation and programming of a new replacement period, the car will “think” that its oil is old, giving an error.


Any omission of routine maintenance, any unauthorized intervention in the car's systems, any car repair using non-original spare parts will most likely lead to an early loss of warranty. Therefore, we recommend that you comply with all manufacturer's requirements during the warranty period As practice shows, there are frequent cases when even a customer who voluntarily refused the warranty, after some time "got" to an expensive repair precisely because of ignoring the manufacturer's requirements.

Another extremely important requirement of the manufacturer, which affects the performance of his warranty obligations, is correct operation vehicle. Again, we return to the fact that the car is extremely difficult technical device and the management and use of many of its elements require certain knowledge and skills. Inappropriate handling or failure to comply with operating requirements can lead to their breakdown.

Such car devices include, for example, robotic transmissions with one clutch in the design. 2-Tronic transmissions from Peugeot and Citroen, Opel's Easy-Tronic transmissions, as well as similar boxes on toyota vehicles and Honda.

All these transmissions, despite the two pedals, have much more in common with the "mechanics" than with the "automatic". Therefore, the operational requirements of the "robots" include the mandatory shutdown to "neutral" at each stop, it is strongly recommended to operate in manual mode and to re-gas when switching. These requirements are often ignored by domestic buyers, and "robots" are operated like conventional automatic boxes. As a result - massive breakdowns of clutches on new cars and a justified refusal of warranty repairs.

Learning is light!

Due to the fact that every year the car becomes more and more complex, we strongly recommend that you read the operating manual from cover to cover. This book can save you a lot of nerves, unpleasant situations and further showdown with the dealership.


A fairly common reason for denial of a warranty with the wording "misuse" is the use of low-quality fuel... If with others operating fluids There should be no problems - all the brands recommended by the car manufacturer are included in the service book, then the situation with fuel is ambiguous. Official recommendations can only concern octane number fuel and its type. So in the event of a failure situation, most likely, you will have to resort to the help of third parties: experts and lawyers.

IMPORTANT! In case of any refusal of a guarantee with the wording "improper operation", the dealer must irrefutably prove which wrong actions of the owner of the car led to a particular malfunction, and fully justify the causal relationship. Otherwise, the denial of the guarantee is considered unfounded.

About the consequences of tuning

One of the types of misuse is tuning and installation of additional non-standard equipment. The situation is also ambiguous and requires proceedings on a case-by-case basis.

Often such things as alarms, parking sensors, multimedia systems and other devices that require intervention in standard systems the car, the dealer requires to install exclusively at an official service just under the threat of voiding the warranty. To which, in fact, the dealer has no sufficient right.


On the other hand, there are often cases when intervention in the car system by third-party and not always competent specialists led to serious technical problems, including the complete death of a car, for example, as a result of a fire in electrical wiring. In such a situation, the responsibility will be borne by a third-party specialist, but only if the warranty department of the official station proves his involvement in the breakdown. The same applies to tuning more serious ones, for example, the so-called chiping of the engine, that is, software increase in engine power without interfering with the mechanical structure. That is often done by buyers of not the most powerful cars.

An artificial increase in parameters such as power and torque without changing and adjusting other units to the changed characteristics instantly knocks down the balance of settings, significantly increasing the load. This, of course, is automatically reflected in the resource of the engine and transmission itself, as well as their individual parts. Any other statements are false. This is why the dealer will immediately and reasonably void the warranty as soon as such changes are identified. However, he is still obliged to prove that the reason for the breakdown of this or that unit was the changes made.

Be that as it may, if you feel that the dynamics of the car lags behind the temperament, we strongly recommend that you simply buy a more powerful and fast car... Warranty disassembly with a dealer in the future may not recoup either the money spent on tuning or the nerves.

And finally

  • Study everything thoroughly warranty conditions before buying a car;
  • be sure to read the operation manual and the features of the car;
  • comply with the manufacturer's requirements, which guarantee that they fulfill the conditions of free repair;
  • if possible, do not experiment with tuning and additional equipment.

The warranty period is shrouded in myths and legends - it may seem that the motorist has to rush to the service center for MOT on the set day and hour, otherwise he will be immediately removed from the warranty. This, to put it mildly, is not so, and motorists have much more rights in confrontations with officials than it seems.

1. Service only by an authorized dealer

This myth, which was created by the officials themselves. He is fanned with a mass of horror stories from the series "if you don't go to us, then ...". In fact, the car owner has every right to be serviced in a third-party service and carry out all planned work there, if the branded service stations do not suit him for some reason. The main thing is to be ready for various unpleasant procedures in case of a breakdown during the warranty period, because for free repairs you will have to go to the officials.

2. Oil change in "gray" service - loss of warranty

Official dealers are people too and really want to eat. So much so that the price of regular maintenance forces customers to use third-party services. Carrying out planned works "on the side" is one of the most acute moments in the relationship between the client and the dealer. The officials are categorically not satisfied with the fact that the planned work is not carried out with them, because they are losing money. Then what makes motorists, who are quietly serviced in "gray" centers and receive quality services for an adequate amount, to come to the officials? Of course, damage during the warranty period. This is where the most interesting thing begins: not seeing a mark in the service book about the passage of the official MOT, the car owner may be denied warranty repair. But there is a nuance here - the refusal is legal only with the appropriate expert conclusion that the malfunction occurred precisely through the fault of a third-party service. In simple terms, this means the following: "left" servicemen who only changed oil and air filter, could hardly provoke knocking on the suspension or failure of one of the sensors or. But this should be established by examination.

"The car owner, of course, has every right to carry out a planned maintenance in any car service. The main condition is that all work should be carried out based on the manufacturer's recommendations. If a malfunction or defect appears in the car, then warranty repairs can only be denied in one case, if this very malfunction is associated with poorly performed work in a third-party car service. In my practice, there was a case when the owner of the car himself carried out maintenance. After some time, the engine failed. The dealer initially refused a warranty replacement, but having received a claim (a copy of which, by the way, was sent to the manufacturer), he conducted a study that confirmed the presence of a factory defect. As a result, the engine was replaced under warranty, "says lawyer and auto expert Sergey Smirnov.

3. Do not install abnormal acoustics and alarms

Another acute problem. Some official services may refuse warranty repairs in the event that a more advanced alarm has been installed on the car speaker system or other non-standard equipment. The dealer may not like this turn, because the work was not carried out by him. Nevertheless, the officials do not simply refuse to refuse without an expert opinion that it was this or that non-standard equipment that led to the burnout of electrical equipment. By the way, some service stations openly talk about the absence of a problem in accessing "gray" services. For example, here is a quote from the website of a dealer in Yekaterinburg kia brands: “It is possible, but if it is a certified center. have everything necessary equipment and knowledge. "

4. It is forbidden to indulge in technical tuning components

It may seem to some that modifications to the car during the warranty period are unacceptable. And how are things really? For example, can a tuning car with a lowered suspension, a wing and a huge intercooler sticking out in the bumper, and even a chip, show up for a free warranty repair? Another point is non-standard rims.

"When installing additional equipment, you must proceed from the following. The warranty covers the elimination of factory defects. Therefore, if you installed the alarm, put the disks out of size and because of this a defect appeared on the car, then you will not see warranty repairs. This applies to any changes ", - the expert specifies.

5. Refueling with supposedly "liquid" fuel is the end

Another scenario of hard-hitting communication with officials. After the fuel in the tank turned out to be of poor quality, according to the service, and the car had a breakdown of equipment fuel system or, God forbid, the engine, you are very likely to hear the refusal of an authorized dealer for repair. Everything is more complicated here, but not to say that it is hopeless. So, you should take samples of fuel as soon as possible and conduct an examination for quality. If it turns out that gasoline or diesel fuel meets the standards, and there were no violations of the operating rules and the breakdown did not occur for this reason, then the center will have to repair the car at its own expense. But in reality, everything is more complicated.

"If a malfunction occurs after refueling, then in order to receive warranty repair, you need to prove the presence of a factory defect. In most cases, the problems are related to poor quality fuel. It is clear that this is not the manufacturer's fault. In general, disputes over fuel quality are problematic enough. The fact is that it is very difficult to establish which fuel was of poor quality, and at which particular filling station you filled in bad gasoline. "

6. Defective Operation - You Are Overflying

Let's say you decide to race in your brand new car and the result is an engine or gearbox breakdown. Or they put an SUV under test - they dipped it into a swamp, because the car is still off-road. But something went wrong, and the "rogue" got to civilization on a tow truck.

Sergey Smirnov reminds: "If the car participated in sports events and because of this there was a malfunction, there will be no warranty repair. Any races are an increased load on all parts of the car. As a rule, the buyer is immediately warned about this in the instruction manual. Other case if you purchased a car high cross-country ability... On it, of course, you can overcome difficult sections of the road. However, there are also limitations. If the breakdown is associated with a trip through swamps and swamps, then the warranty may also be denied. Again, provided that the connection between your pokatushki and the consequences that have occurred is established by expert means. "

7 Repainted element warranty

Local painting may become a special case, which, however, cannot be ruled out. It is not uncommon for a new car to bloom body parts... For example, the hood. The dealer will repaint it for you, but chances are it will repeat itself in a year. Who will be responsible?

"If you have a car repaired, for example, after an accident and repainted the body, then the person who carried out the repair will be responsible for poor-quality painting. In this case, you will not present any claims to the manufacturer," says Smirnov.

Finally, we recall that the warranty in the car does not cover all components. An exception can be considered parts that are subject to natural wear and tear during operation, and this is separately prescribed by each manufacturer.

You bought a new car in the salon and, not having time to ride on it for 2 weeks, you got up in the middle of the road. Where to go if the warranty car is broken? Of course, to the service center of an authorized dealer - it is there that your car should be repaired, according to the Law. Moreover, it is completely free.

True, in practice everything usually happens differently ...

What to do and who pays if the car breaks down under warranty - instructions

Any car, as you know, is a complex of many parts that wear out during operation. And nobody is insured against car breakdown.

The guarantee implies certain obligations of the manufacturer (approx. - dealerships / services, official representatives) for the repair or replacement of parts with factory defects - only within the terms specified by the manufacturer and completely free of charge.

Your new car has broken down - where to call, what to do?

  1. First of all, we immediately contact the dealer without delay - to an official service center authorized to carry out repairs under warranty - the dealer must send a tow truck.
  2. Repair term depends on the agreement between the owner of the car and the service center. The maximum period is 45 days. In the absence of a strictly defined period in the agreement, the repair should be carried out as soon as possible (according to the law).
  3. Documents what you need to present to the service center: your technical / passport + service book. The basis for the implementation of work is the "Act of performance of those / services", in which all faults, defects and failures are recorded. When receiving your car, you must check the quality of all work performed in the service and put your "autograph" on the 1st copy of this Act.
  4. The car breaks down and is it far from the dealer's service center? Delivery is carried out at the expense of the seller (note - directly by the manufacturer, importer, authorized individual entrepreneur or organization). Does the seller not want to fulfill this obligation? Or absent at the place of breakdown of the car? Call a tow truck and deliver the car personally, after that demand from the seller reimbursement of all expenses (unless, of course, you are sure that you are not to blame for the appearance of those car defects that led to its breakdown).
  5. In the event of a dispute with the seller the latter is obliged to conduct an examination of the true reasons for the breakdown (note - at his own expense). The owner has the right not only to be present at it, but also to challenge the results in court if he does not agree with them. If the examination shows that the fault for the breakdown lies with the car owner, the costs of the examination (+ storage and transportation) will fall on him.

You also need to remember that ...

  • If you have replaced a low-quality car with a new one then new term the warranty will begin from the moment the machine is handed over to you. If they just fix the malfunction, then the period will be extended for the period during which the owner did not use the car. That is, from the moment of contact until the delivery of an already repaired car.
  • Warranty period for all spare parts installed during the repair process cannot expire earlier than the warranty on the car as a whole has expired.
  • You are required to undergo technical / maintenance , according to the terms specified in the service book, including the replacement of all fluids (at their own expense) at the specified intervals. If these rules are not followed, your car will be removed from the warranty.
  • Whatever breaks down in the car during the warranty period, the service center specialists are obliged to eliminate free of charge (if the breakdowns are not your fault). Moreover, they are obliged to replace the mechanism / parts not within a "certain time", but immediately.

What does the Law on car breakdowns with a guarantee say?

Each purchased car is protected by a manufacturer's warranty, a dealer's warranty and a state / warranty received for all products in the Russian Federation, which have certificates and meet our standards.

In order not to fall into the trap of unscrupulous dealers, we study the law! And more specifically - Consumer Protection Law No. 2300-1 of 07/02/92 (below - the Law).

If the defect “surfaced” within the first 15 days after purchase, you have the right (Article 18, Clause 1 of the Law) to demand ...

  • Replace your car.
  • Return it to the dealer (that is, terminate the contract and take the money back).
  • Reduce the cost of a car in proportion to the disadvantage (defect).
  • Have your car repaired immediately and free of charge, or reimbursed your repair costs.

More than 15 days have passed? You are still entitled to these requirements, but under certain conditions:

  1. The deadlines established by law for the elimination of all deficiencies have been violated.
  2. There is a significant lack of cars. That is, one that cannot be eliminated with "little blood". For example, a problem with an engine that reappears after it has been fixed.
  3. You are deprived of the opportunity to use your car for a serious period of time - more than 30 days in calendar year (in particular, when the car is under warranty repair for 2 weeks twice a year).

In the guarantee, which is set out in the automotive documentation, the following points must be specified:

  • The warranty period (approx. - in kilometers or in the number of years), all conditions for maintaining the warranty, as well as those cases in which the warranty is lost.
  • All parts subject to limitation / warranty.
  • All consumables that will not have a manufacturer's warranty (spark plugs, pads, etc.).

The warranty does not apply (you will be refused repair) if ...

  1. Body corrosion or problems with paintwork (LPK) is consequence of illiterate car care , external influence.
  2. Woodwork or body problems were not fixed in time , not from a dealer or not according to the manufacturer's technology.
  3. Having found a problem (malfunction), you did not contact the service center and continued to operate the car, thereby exacerbating the problem.
  4. You did not provide the auto dealer at his first request for urgent elimination of the problem.
  5. You allowed the installation of parts that have not been approved by the manufacturer.
    The work was carried out by an unauthorized organization (alternative service center), with excess mileage (according to the service book) or the calendar period.
  6. You have changed the design of the car (approx. - fuel, electrical or other system). That is, they allowed the installation of equipment that did not correspond to the original.
  7. You violated the requirements for maintenance , operation or maintenance of the car, which are spelled out in the set of on-board literature.
  8. You took part in auto-competitions.

Is it possible to take a car with a defect under warranty to an alternative service?

Dealers have no right to dictate to car owners where to repair their cars, and how to install optional equipment... This is the exclusive and legal right of the owner of the car.

Memo to car owners:

  1. The dealer (and manufacturer) DOES NOT HAVE THE RIGHT to remove the car from the warranty for the reason that you have repaired your "iron horse" in an alternative service. All threats and harsh warnings from dealers are aimed at car owners who are not familiar with the law.
  2. Another question is whether the warranty for those specific parts will remain , what did you change at an alternative service station? No. Because the dealer does not guarantee parts installed in a third party service.
  3. One more example. "I ordered to live long" automatic transmission gear. Will it be repaired under warranty if the owner repaired a broken braking system (painted the wing, changed pads, etc.) in a third-party service? Yes, they are obliged to fix it. The warranty remains for all units (parts) of the car, which were not touched by either the owner's hand or the hands of the masters of an alternative service station. As for the parts installed on a third-party service instead of broken ones, the same third-party service gives a guarantee for them.
  4. If the dealer (manufacturer) proves that the car problem is a direct consequence of third-party interference (repair, installation of additional / equipment, etc.), then the warranty reason will be protested, and you will have to pay for the repair from your wallet.
  5. The dealer (car dealership) can deprive the driver of his warranty, but, in addition to it, there is also a guarantee by law. It is valid regardless of the contract with the salon for 2 years after the purchase of the car. That is, the car owner has the right to demand immediate elimination of the defects of the car, even if the dealer refuses to provide a guarantee (Article 477 of the Civil Code and Article 19 of the Law on Consumer Protection).
  6. Did the car dealership void your warranty anyway? You have the right to apply to Rospotrebnadzor or directly to the court. Just remember to get a written warranty disclaimer from your dealer stating the reason for the failure. You can also write a complaint to the FAS, where you should specify in detail all violations of antimonopoly legislation.
  7. To clarify in more detail - in what cases the warranty is denied - it is possible in the book with the seller's warranty obligations.

If the breakdown is minor, then, of course, you can repair a car in an alternative service , but if the problem is serious (malfunction / engine breakdown, malfunction / breakdown of the gearbox and other problems requiring expensive repair) - then only to an authorized dealer!

In St. Petersburg, we will help you to quickly and efficiently repair your car

What should a car enthusiast foresee in case of a car breakdown under warranty?

Even a breakdown of an old car is almost a tragedy when you do not have a spare car in the garage, and you simply cannot walk on foot (far, inconvenient, etc.). What can we say about breakage new car - here, to all other feelings, there is also an offense for a complete "set" of emotions.

To protect yourself from future problems, it is recommended ask the necessary questions before buying a car ... Or at least right after it.

  • Carefully study all points of the seller's warranty ... This will save you unnecessary questions.
  • Remember your consumer rights. And don't let the dealer manipulate you. Only the manufacturer can void the warranty, not the dealer. And even in this case, the Law remains on your side (you still have a 2-year guarantee under the Law).
  • Main legislative documents which you can be guided by is the law "On Protection of Consumer Rights" (Articles 18, 19, 20, 23); article 333.36 of the Tax Code of the Russian Federation (if you have to sue); and Art. 469–477 of the Civil Code of the Russian Federation.
  • The official service center has no right to delay the repair of your car for more than 45 days ... If you still delayed, you have every right to terminate the purchase and sale agreement (note - Article 20 of the ZOZPP).
  • Getting ready to fight the tricky salesman? Stock up on documents. That is, carefully collect all work orders, all receipts, diagnosticians / sheets and other papers and put them in a daddy - this is evidence of your relationship with authorized service companies.
  • Check carefully whether the service book is being filled out correctly when passing a technical / inspection, are all signatures / seals affixed, are the dates indicated correctly, etc. The reasons and circumstances of the call when visiting the service under warranty, indicate as fully and accurately as possible.
  • Try not to experiment during the warranty period with additional / equipment tuning.
  • If the seller makes certain restrictions in the contract for additional / warranty that contradict the legislation , you have the right to sue, even if you have signed this agreement out of ignorance. If the toughening up infringes on your rights as a consumer, then by the court they will be declared illegal and invalid. In particular, such restrictions include the restriction by the dealer of the range of operating aids permitted by him for use.
  • If, in the event of a breakdown of the warranty car, the engineer of the service company declares that there are no necessary parts then you can purchase them yourself. After that, present the checks in the service (approx. - commodity and cash) with a certified certificate from the store and demand a refund.

What to do if you were denied warranty repairs?

  1. Listen to the seller and read his warranty statement carefully. Mark for yourself all those items on the basis of which you were denied repair.
  2. Make sure that it is the plant (STO) that is to blame. It is not uncommon - cases when, for example, spark plugs fail due to bad gasolinerather than a manufacturing defect.
  3. Are you sure that the defect is manufacturing? Document the fact of your contact to the service with a specific problem (application, work order, etc.).
  4. Write to the name of the management of the dealership (of course, if you are 100% sure of the correctness) the corresponding statement, then give it to the secretary and be sure to get the incoming registration number.
  5. What's in the statement? Your vision of the situation (in detail) and a request to answer you in writing.