What to do if the refrigerator breaks down under warranty. Is it possible to return or replace a defective refrigerator? Knowledge of laws is power

When buying any new household appliances the seller (or rather the manufacturer, the seller only transfers it to you) is given a guarantee, or rather, a warranty period, during which the repair of the purchased item will be made for you completely free of charge.

The refrigerator warranty is no exception, and the guarantee for this is a correctly completed warranty card for your refrigerator. It must be filled in upon sale and contain:

date of sale of the product,
the seller's stamp on each tear-off coupon and the card itself,
the signature of the seller with the decryption of the surname.

What are the terms of warranty service for the refrigerator you like - the first thing you need to pay attention to when buying it

The warranty periods for refrigerators of different brands are different, the average warranty for the repair of refrigerators of most leading manufacturers is two years from the date of purchase. Naturally, the longer this period, the more the manufacturer is confident in his products, which means that they are more reliable. But this is in theory, but in practice any product is susceptible to breakdowns.

And if the refrigerator is broken under warranty, then during this period you are obliged to either fix the breakdown free of charge, or replace the product with a similar one, if repair of the refrigerator under warranty is impossible or impractical due to its high cost.

Warranty periods for refrigerators issued by some manufacturers

The guarantee for the refrigerator, be it Indesit, Liebherr or some other, is always given manufacturer rather than a seller.

And in the case when a store offers you a product with a 3-year warranty, although you know for sure that this brand has a period of 2 years, then the seller is either a fraudster or has his own service center. And deliberately increases the warranty in order to sell you this refrigerator. However, in this case, if a serious breakdown occurs after 2 years of operation, which the seller cannot fix on his own, you will still have to pay for repairs.

Refrigerators LG - 1 year warranty for refrigerators and 3 years of service;
The warranty period for the Bosch refrigerator is 2 years;
The warranty for Samsung refrigerators is 2 years plus 1 year of service;
Liebherr refrigerator warranty - 3 years;
Refrigerators Electrolux - 2 years warranty;
Refrigerators AEG - 2 years warranty for refrigerators;
Refrigerators Indesit - 3 years refrigerator warranty,
The warranty for the repair of the Atlant refrigerator is 3 years.

What the warranty covers

The terms of warranty and service for any manufacturer are clearly spelled out in the warranty card for the refrigerator. Warranty repair and service does not apply to:

Mechanical damage.

Malfunctions due to improper operation.

For handles, lighting lamps, supports (legs, wheels).

To clarify the terms of warranty service for your particular model of the refrigerator, carefully read the operating instructions, if necessary, you can call hotline manufacturer. They will also explain to you the conditions under which the refrigerator is replaced under warranty.

Video comments on the topic of consumer protection:

At one time, the Indesit company took an interesting step - it introduced the "Service 5" program. This is a paid program to extend the warranty period. Those. Buyers of Indesit refrigerators can get a total of 5 years of carefree life - 3 years of official warranty plus 2 years of paid warranty, something similar to insurance - you pay once, then within two years, so that it does not break in the refrigerator, the repair will be free.

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The refrigerator is broken under warranty. What to do?

Since today's manufacturers of household appliances are focused not on product quality, but on ensuring that the buyer makes a purchase more often, modern household appliances quickly fail, even when the warranty period has not yet expired.

What to do if the recently purchased refrigerator is out of order and is still under warranty?

First, when buying household appliances, you need to check whether the seller has filled out the warranty card. It should indicate: the date of purchase, what was bought, the signature and seal of the seller. Otherwise, you may be denied warranty repairs.

If everything is filled with you, you need to choose a service center that is convenient for you (if there are several of them), call and order a call from the master.

Or you need to contact the seller of the goods directly.

According to paragraph 1 of Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights" you have every right to demand:

Viewed 196 times
Set 2012-03-07 10:27:25 +0400 in the topic "Consumer Rights Protection" from Moscow

The refrigerator is broken under warranty. How to be? In October 2011, we bought a refrigerator, after working for 5 months the freezer stopped freezing, the nature of the malfunction is similar to the volatilization of freon. There was no examination, I examined it myself, did not open anything, we are thinking of going to the store (known for its quarrelsome nature, as it turned out), I immediately want to write a letter of claim and give it to them. Question: Can you please tell us our actions, where do you need to register a claim in addition to the store? which organizations to contact besides the consumer society, how to put pressure on the store. The fact is that we live in a village and we want the store to take it for repairs with my car ... If I go to the workshop first, I will lose the pressure leverage, since - Article 20. Clause 2. With regard to durable goods, the manufacturer , the seller or an authorized body or an authorized individual entrepreneur are obliged, upon presentation by the consumer of the specified requirement, within three days, free of charge, to provide the consumer with a durable goods for the period of repair, possessing the same basic consumer properties by providing delivery at your own expense. The list of durable goods to which this requirement does not apply is established by the Government Russian Federation... (as amended by Federal laws of 12/17/1999 N 212-FZ, of 12/21/2004 N 171-FZ, of 10/25/2007 N 234-FZ) And the workshop does not owe me anything, in general, they can send me to the store later ... and if the breakdown is serious and will need to be picked up? 1200 rubles there ... and he does not fit into a gazelle while standing HIGH ... and lying down to carry - they will see - they will deprive the guarantee

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Replies (1)

Regarding technically complex product the consumer, in the event of any deficiencies in it, has the right to refuse to execute the contract of sale and demand the return of the amount paid for such a product or to submit a demand for its replacement with a product of the same brand (model, article) or for the same product of a different brand (model, article ) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. Upon expiration of this period, the specified requirements are subject to satisfaction in one of the following cases: discovery of a significant defect in the goods; violation of the terms established by this Law for the elimination of defects in the goods; the inability to use the goods during each year of the warranty period in the aggregate of more than thirty days due to the repeated elimination of its various shortcomings. However, the seller (manufacturer) is liable to you only if the defects have arisen through his fault. Therefore, when you contact the seller (manufacturer) with requirements regarding the shortcomings of the goods, he, most likely, wants to make sure that these shortcomings are present (clause 5 of article 18 of the Law of the Russian Federation "On Protection of Consumer Rights") and that they have arisen under his fault - for this, an examination can be carried out. We strongly advise you to immediately contact the seller in writing write a claim (statement). It is advisable to show in the claim your legal literacy, knowledge of your rights, this alone is usually already sufficient for a positive decision of the seller (if the seller is a reputable company, then he does not want to sue). If, nevertheless, the decision is not in your favor and you decide to go to court, then you will have important evidence of the seller's illegal behavior, the timing of your appeal with requirements, etc. Delivery of bulky goods and goods weighing more than five kilograms for repair, markdowns, replacements and (or) their return to the consumer are carried out by forces and at the expense of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer). In case of failure to fulfill this obligation, as well as in the absence of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) at the location of the consumer, delivery and (or) return specified goods can be carried out by the consumer. In this case, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to reimburse the consumer for the costs associated with the delivery and (or) return of the specified goods.

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Last updated January 2019

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

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

What you need to know

First, let's take a look at the main points that you need to know when detecting deficiencies and submitting a repair request.

What are the shortcomings to be eliminated

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

Should I require repair

Warranty repairs are an alternative buyer's request. Instead of repair, the consumer can demand a refund, replacement of goods, reimbursement of repair costs, which the buyer makes on his own, etc. But the freedom to choose these requirements belongs to the buyer when it comes to durable goods that are not technically complex goods.

With technically complex goods, the situation is more complicated (). If the first flaw is discovered (with the exception of a significant one) after 15 days after purchase, a technically complex product can only be repaired (exchanged, money cannot be returned).

Therefore, if we are talking about simple product durable or about the secondary repair of a technically complex product, you should take into account your own interest. Perhaps a refund or replacement will be more cost effective.

Terms of warranty repair

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

during the period of the established warranty;
upon expiry of the warranty, but within 2 years;
after 2 years, but during the period of service;
after 2 years, but within 10 years if the service life is not specified.

Where to go

At their choice, the buyer can contact:

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

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

Period	Flaw type	Who can I contact	Have a repair obligation	The Buyer's Obligation to Prove a Manufacturing Defect
During the warranty period	Common flaw		Yes	No
During the warranty period	Significant disadvantage	Seller, manufacturer, importer	Yes	No
	Common flaw	Seller, manufacturer, importer	Yes	Yes
After the expiration of the warranty period within 2 years	Significant disadvantage	Seller, manufacturer, importer	Yes	Yes
After 2 years, but the service life period	Common flaw	Manufacturer	No	-
After 2 years, but during the service life,	Significant disadvantage	Manufacturer	Yes	Yes
	Common flaw	Manufacturer	No	-
After 2 years, but within 10 years if the service life is not specified	Significant disadvantage	Manufacturer	Yes	Yes

Non-warranty cases

It should be borne in mind that not all breakdowns may be subject to warranty repair. The seller (manufacturer, importer) is not obliged to eliminate deficiencies free of charge if they arise in the mind of:

negligent use (for example, dropping a cell phone from a significant height);
Improper use (for example, using a blender to loosen soil for houseplants);
exposure to natural disasters, as well as substances that are not compatible with the performance of the product (for example, liquid spills on a laptop);
improper transportation or storage of goods (for example, transportation of the monitor in a metal car body without fixation and softening materials).

Instructions

Let's consider the algorithm of the buyer's actions when making claims for warranty repair. There are two possible scenarios for the development of events:

the seller (manufacturer, importer) recognizes the case as a guarantee and makes repairs voluntarily
the seller (manufacturer, importer) refuses to carry out repairs

1. The order of actions of the buyer, if the seller carries out repairs voluntarily

Report to the seller with a statement

It is necessary to come to the seller (manufacturer, importer) and submit a written demand for the free elimination of defects in the goods (). Any person can represent the buyer by a notarized power of attorney. Of course, such cases should only be entrusted to a lawyer or a person experienced in such matters.

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

Transfer goods

Together with the statement, the seller (manufacturer, importer) is transferred poor quality product... By law, the seller is obliged to accept the goods, even if the case turns out to be out of warranty. The transfer of the goods for warranty repair must be formalized by an act of acceptance of the goods from the buyer. Such a document must be drawn up by the seller. But be sure to make sure that the document contains the following information:

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

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

Check the quality of the goods

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

immediately at the time of transfer of the goods;
some time after you receive the goods.

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

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

The opening of the package can be carried out when the goods are checked by the seller in the presence of the buyer, about which a note is made in the document on the verification of the goods. If the seller carried out the check without notifying the buyer and without him opened the package, then all the results of the check can be questioned.

All these precautions are necessary to avoid the illegal actions of unscrupulous sellers that create the appearance of the consumer's guilt in the shortcomings of the product. for instance, liquid may be deliberately spilled on the laptop, resulting in a short circuit. Under such conditions, of course, the cause of failure will be allegedly incorrect operation (liquid ingress). The blame is thus passed on to the consumer.

Request replacement of goods during repair

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

Repair timeline

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

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

The period is calculated from the moment the goods are handed over until they are returned to the buyer with corrected defects. At the same time, quality control, examination, or litigation does not suspend the overall period of warranty repairs.

There are cases when the seller does not meet the repair timeline. You should be aware that the seller cannot have any good reason to justify his delay (even in the absence of necessary materials, spare parts and components, etc.). Therefore, such explanations cannot be an undeniable basis for a conclusion with the buyer. supplementary agreement on extending the terms of warranty repairs or uncomplainingly waiting for the end of a protracted repair.

If the repair period is violated, the following situations are possible:

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

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

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

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

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

It is worth noting that a written demand must be submitted to the seller (manufacturer, importer) about the need to pay the fine, otherwise it is considered that the buyer waives his right to collect the penalty.

Return of goods after warranty repair

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

Upon receipt of the goods, you should carefully examine it for safety and the absence of new flaws (which did not exist before). Demand that they demonstrate to you the serviceability of the goods and submit a report (certificate) on the repair performed. The help indicates:

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

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

Transfer the application and the goods to the seller

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

The seller refers to a non-warranty case

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

the seller (manufacturer, importer) organizes and conducts an examination of the quality of the goods
the obliged person refuses to further manipulate the goods, citing the sufficiency of his quality control

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

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

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

The seller agrees with the positive expertise for the buyer

If the results of the examination are positive for the buyer, the actions of the seller (manufacturer, importer) are usually aimed at satisfying the declared demand for the repair of the defect, since the obliged person understands that the outcome of the dispute has already been decided in favor of the consumer and further litigation does not promise him anything but additional costs. In addition, the search for right and wrong can lead to missing the deadline for repairs, which gives the buyer the right to put forward a new, more severe demand (including the cancellation of the sales contract and refund of money paid for the item). And the seller certainly seeks to avoid this, especially when it comes to technically complex goods.

Going to court

However, there are not isolated cases when the seller (manufacturer, importer) goes all the way, for broke. Then it is possible to force to make warranty repairs only in court.

If the buyer in a timely manner and in the prescribed form applied to the seller (manufacturer, importer) with a statement of warranty repair, as well as the expert opinion confirms the consumer's rightness, then the case is a winning one.

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

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

Execution of a court decision

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

Comparative table of the buyer's actions at various positions of the obliged person

The seller, manufacturer or importer voluntarily complies with the warranty repair requirement	The seller, manufacturer or importer refuses to satisfy the requirement to eliminate defects in the goods before the examination of the goods	The seller, manufacturer or importer refuses to satisfy the demand for the elimination of defects in the goods pending a court decision
Flaw detection	Flaw detection	Flaw detection
	Repair claim statements	Repair claim statements
Transfer of goods for inspection	Transfer of goods for inspection	Transfer of goods for inspection
Confirmation of warranty for repairs and repairs		Recognition of the case as out of warranty
Return of goods to the consumer	Expertise of goods	Expertise of goods
-	Carrying out repairs	Refusal to satisfy consumer demand
-	Return of goods to the consumer	Submission of a pre-trial claim
-	-	Delivery of a court decision
-	-	Appeal to bailiffs
-	-	Forced repair of goods
-	-	Returning goods to the owner

About the warranty period

When carrying out repairs, the warranty period is suspended for the period from the moment the claim is made and until the goods are returned to the consumer. If there was a legal dispute, and the case was in favor of the buyer, then the entire period of legal proceedings is also not counted in the warranty period.

for instance, the warranty period for the TV is 1 year and is established from 01/01/2015 to 01/01/2016. The consumer contacted the seller on 12/30/2015. The repair was carried out until 01/15/2016. As a result, the warranty for the goods will be valid until 01/17/2016. ...

It should be borne in mind that if, during the repair, a component part is replaced, for which a separate warranty was established in addition to the warranty for the product as a whole, then a new warranty is established for the replaced part of the same duration as it was before the replacement. Its term will begin to run from the moment the goods are handed over to the buyer.

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

About primary and secondary repair

Initial repair is when a defect in the product has arisen and is repaired for the first time.

Secondary repair - repeated repair is required if the defect appears repeatedly. In this case, it does not matter what the repeatability of the defect is (exactly the same defect or of a different nature), the main thing is that one and the same product must be repaired more than once.

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

This question arises acutely with the shortcomings of a technically complex product, since the primary or secondary nature of the repair determines the range of consumer requirements. Recall that in the presence of a significant deficiency, the choice of consumer requirements does not depend on the number of repairs.

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

During the initial repair	Secondary repair	Upon detection of a significant deficiency
reimbursement of the costs of repairs by the consumer or third parties	gratuitous elimination of deficiencies replacement for a similar product replacement for the same product of another model with recalculation decrease in the price of a product	gratuitous elimination of deficiencies replacement for a similar product replacement for the same product of another model with a recalculation of the price refund of money paid for the goods decrease in the price of a product reimbursement of expenses for repairs made by the consumer or third parties

Reimbursement of consumer expenses for repairs made by himself or a third party

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

Who can make repairs

So, the repair of a defect in the goods can be made:

by the buyer himself;
third party.

In turn, third parties are:

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

What expenses are reimbursed

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

the cost of spare parts, components, etc .;
costs for the delivery of spare parts and components, if they are impossible, due to their specificity and rarity, to purchase at the place of repair;
costs for Consumables(glue, hardware, seals, wires, etc.);
the cost of disposable tools and fixtures for carrying out repairs.

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

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

How are repair costs reimbursed? Option number 1

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

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

Stage 2. Then present the goods to the seller to confirm the warranty case (quality check or examination (in case of a dispute about a defect)). At this stage, the seller or buyer can agree on a preliminary price for the repair. That is, the seller determines the size of the repair based on experience. renovation works... If the preliminary amount turns out to be less, then in the future the missing difference can be replenished with an additional payment. The total period for payment of refund for repairs is 10 days from the date of the claim.

Stage 3. Arrange for the repair.

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

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

How are repair costs reimbursed? Option number 2

An alternative procedure is for the buyer to contact the obligated person with a claim for reimbursement of the repair costs after the repair has been completed. This procedure is not prohibited by law. However, when controversial situation the buyer must prove to the seller that the product had a defect that he eliminated, and also justify the costly part of the repair. This is not an easy task.

What are the restrictions

V warranty obligation it may be provided that the elimination of defects in the goods should be carried out by a specialized organization (certified specialist) that has the necessary approvals (compliance with the established requirements) for such work. If such requirements are not met, the repair may be deemed inadequate and the costs incurred may not be reimbursed. Moreover, this may become the reason for the removal of the product from further warranty obligations.

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

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

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

Difficult situations

1. Additional actions requiring payment

Sometimes the seller, during the repair process, can take additional actions that go beyond the warranty repair (for example, when repairing a computer, an updated version is installed operating system). Often the seller explains this by the need better work goods and requires payment for it.

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

2. Declaration of repair as out of warranty

A similar situation is when the seller accepts the goods for warranty repair, removes the defects, and then announces that the case was out of warranty and the repair was of a commercial nature, that is, it must be paid for. In such a case, the consumer is not obliged to pay any money. Even if the defect of the goods is unambiguously related to the fault of the buyer and the seller provides evidence confirming this fact (expert opinion, certificate service center etc.), the consumer will not have any obligation to reimburse the seller's expenses. This situation will be interpreted as a manifestation of the seller's goodwill in free repairs.

3. New defects in the repaired item

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

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

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

Clause 7 of Article 18 of the Law of the Russian Federation "On Protection of Consumer Rights", "Delivery of bulky goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) their return to the consumer is carried out by forces and at the expense of the seller (manufacturer, authorized organization or authorized individual In case of failure to fulfill this obligation, as well as in the absence of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) at the location of the consumer, delivery and (or) return of the specified goods may be carried out by the consumer. an authorized organization or an authorized individual entrepreneur, importer) is obliged to reimburse the consumer for the costs associated with the delivery and (or) return of the specified goods. "
Since the refrigerator is included in the list of technically complex goods approved by the Decree of the Government of the Russian Federation
dated November 10, 2011 N 924, and the lack of goods was detected outside the 15-day period from the date of transfer of the goods to the consumer under the contract of purchase and sale, then it is possible to declare only the following requirements: demand a commensurate reduction in the purchase price; demand the immediate gratuitous elimination of defects in the goods or reimbursement of the costs of correcting them by the consumer or a third party.
Consumer requirements: require replacement for the product of the same brand (the same model and (or) article); demand replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price; refuse to execute the contract of sale and demand the return of the amount paid for the goods are possible only if there is a significant defect in the goods. According to clause 13 of the Resolution of the Plenum The Supreme Court RF of June 28, 2012 N 17, the lack of goods is recognized as significant:
a) an unrecoverable defect in a product (work, service) - a defect that cannot be eliminated by taking measures to eliminate it in order to bring the product (work, service) in accordance with the mandatory requirements provided for by law or in the manner prescribed by it, or the terms of the contract (in their absence or incompleteness of the conditions - usually imposed by the requirements), leading to the impossibility or inadmissibility of using this product (work, service) for the purposes for which the product (work, service) of this kind is usually used, or for the purposes for which the seller ( performer) was notified by the consumer when concluding the contract, or by the sample and (or) description when selling the goods according to the sample and (or) according to the description;
b) a lack of a product (work, service) that cannot be eliminated without disproportionate costs - a defect, the costs of eliminating which are close to the cost or exceed the cost of the product (work, service) itself or the benefit that could be received by the consumer from his use.
In relation to a technically complex product, the disproportionate cost of eliminating defects in the product is determined by the court based on the characteristics of the product, the price of the product or its other properties;
c) a shortage of goods (work, services), which cannot be eliminated without a disproportionate expenditure of time, - a shortcoming, the elimination of which takes time that exceeds the time established by the agreement of the parties in writing and limited to forty-five days for eliminating the shortage of goods, and if such a period is not defined by agreement of the parties - time exceeding the minimum period objectively necessary to eliminate this disadvantage usually used method;
d) a shortage of goods (work, services), revealed repeatedly, - various disadvantages of the whole product, identified more than once, each of which individually makes the product (work, service) not complying with the mandatory requirements provided for by law or in the manner prescribed by it, or the terms of the contract (in their absence or incompleteness of the conditions - usually the requirements) and leads to the impossibility or inadmissibility of using this product (work, service) for the purposes for which the product (work, service) of this kind is usually used, or for the purposes of which the seller (performer) was notified by the consumer when concluding the contract, or a sample and (or) description when selling goods by sample and (or) by description;
e) a deficiency that manifests itself again after its elimination - a shortage of goods that reappears after taking measures to eliminate it.
In accordance with Article 20 of the RF Law "On Protection of Consumer Rights".
1. If the term for the elimination of defects in the goods is not determined in writing by agreement of the parties, these defects must be eliminated by the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) immediately, that is, within the minimum period objectively necessary for their elimination, taking into account the usually applied way. The term for eliminating defects in the goods, determined in writing by agreement of the parties, cannot exceed forty-five days.
2. With regard to durable goods, the manufacturer, seller or an authorized organization or an authorized individual entrepreneur are obliged, upon presentation by the consumer of the specified demand, within three days, to provide the consumer free of charge for the period of repair, a durable goods with the same basic consumer properties, ensuring delivery at their own expense. The list of durable goods to which this requirement does not apply is established by the Government of the Russian Federation.
The refrigerator is not included in the list of LONG-TERM PRODUCTS, WHICH ARE NOT COVERED BY THE BUYER'S REQUIREMENT TO PROVIDE IT WITHOUT REFUND FOR THE PERIOD OF REPAIR OR REPLACEMENT OF A SIMILAR PRODUCT. Thus, you can write an application for the provision of a replacement fund, the requirement must be satisfied within 3 days from the date of application. As a rule, this requirement is not subject to satisfaction, but for its violation, a penalty is provided in accordance with Article 23 of the Law of the Russian Federation "On Protection of Consumer Rights", For violation of the terms provided for in Articles 20, 21 and 22 of this Law, as well as for non-fulfillment (delay in fulfillment) of the consumer's demand for the provision of a similar product to him for the period of repair (replacement) of a similar product, the seller(manufacturer, authorized organization or authorized individual entrepreneur, importer), who committed such violations, pays to the consumer for each day of delay a penalty (penalty) in the amount of one percent of the price of the goods.
Also, if the deadline for the gratuitous elimination of the lack of goods is set in writing (45 days) will be violated. Then you have the right to refuse to execute the contract of purchase and sale and demand the return of the amount paid. Just do not forget to record the violation of this deadline!

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