Post-warranty or post-warranty How to do it right

Legislation

The mentioned law stipulates the rights and obligations of suppliers, which must be complied with without fail. These include:

determining the shelf life of the product and its operation, as well as informing about this in written documents for the manufactured item;
establishing a warranty period for service by manufacturers, as well as sellers, if this information is not provided by the manufacturer;
post-warranty maintenance and provision of services for repairing goods.

Compliance with these obligations is necessary so that buyers can use the purchased product throughout the entire service life of the product as declared by the manufacturer.

To do this you need:

Organize the procedure for carrying out repairs in the event of defects and other malfunctions of the product.
Ensure the production of not only the goods themselves, but also the spare parts necessary to repair the products.

At the same time, certain periods are also established during which the manufacturer is obliged to ensure the production of spare parts and carry out service repairs. This responsibility is assigned to the following periods:

As long as the released products are produced by the manufacturer.
After completion of production for the entire service life established by the manufacturer for this product.
If the manufacturer has not determined the service life of the product, since it can be quite long, the law sets it at 10 years.

The list of post-warranty services includes service and technical work necessary for the full operation of the manufactured product throughout its entire service life.
The legislation does not establish specific regulations for the performance of work and services in this area, but there are some mandatory provisions that must be observed. One of these provisions includes the mandatory signing of an additional agreement, on the basis of which the consumer receives the right to provide post-warranty service. However, the law does not stipulate that this service should be provided free of charge.

Therefore, most companies use this responsibility as an additional profitable area of their activities.

Post-warranty service: basic concepts and rules for provision

Post-warranty service is a type of service for a product previously purchased from a trade organization, which is provided upon expiration of the warranty period on a paid basis.
The main difference between a warranty and post-warranty service is that the warranty is provided by the seller (manufacturer, importer) free of charge.

The warranty period implies that during this period the purchased product must perform its functions uninterruptedly, and if any breakdown occurs due to a manufacturing defect in the product, the seller undertakes to fix it free of charge.

If there is an agreement between the buyer and the seller (manufacturer) on post-warranty service, the latter undertakes to carry out repair work if faults arise after the end of the warranty period.

What does post-warranty service include?

The terms of the post-warranty service agreement between the parties may differ significantly depending on the product purchased and the trading organization (manufacturer) itself.

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As a rule, the general obligations to provide post-warranty service are as follows:

consumer consultation and inspection of the product after the end of the warranty period;
diagnostics if problems arise during the agreement period;
repair of the product, including ordering and supply of necessary parts (component materials);
other maintenance and repair activities specified in the agreement.

Who sets the conditions

During the period of operation, all costs are borne by the seller or manufacturer. This applies, first of all, to the maintenance of cars and other complex equipment. The conditions in this case are determined by the content of the contract, taking into account the requirements of the PPA.

Post-warranty rules are established by the seller or manufacturer. This may be reflected in the terms of the implementation agreement. In this case, you can set out this in detail, or make a reference to the current legislation. Sometimes the manufacturer initially undertakes to eliminate defects free of charge that were identified after the expiration of the warranty period if a defect occurred during the manufacture of the product. It should be noted that in this case, the actual work is performed in the interests of the consumer, that is, the latter becomes the customer. For this reason, it is necessary to conclude a contract for the provision of paid services. In such a document, all the subtleties and nuances of the work performed can be discussed in more detail.

Sometimes the initiator may require the manufacturer to change the terms of the contract. This is typical for situations where human capabilities were limited at the time of transfer of products.

How does post-warranty service differ from a warranty?

The concepts of warranty and post-warranty service are similar. However, the services have a number of significant differences. To understand the nuances, it is important to study both concepts in detail.

Warranty service is the period during which a citizen has the right to file a claim if defects are detected in the product . This definition follows from the provisions of the articles of the Law “On Protection of Consumer Rights”. The cost of warranty service is included in the purchase price in advance. Therefore, if it is proven that the breakdown was not the fault of the buyer, the product will be repaired free of charge. To receive the service, you must contact the store. To find out the cause of the malfunction, the seller will conduct an examination. During the period of warranty repairs, the buyer is provided with similar equipment for temporary use. If a product weighing more than 5 kg is delivered for repair, return or replacement, and it is proven that the buyer is not at fault for the breakdown, the seller is obliged to additionally pay for the transportation of the product.

IMPORTANT

Unlike warranty, post-warranty service is not included in the price of the product. The Law “On Protection of Consumer Rights” does not stipulate the specifics of the provision of services. The seller and buyer voluntarily enter into a post-warranty service agreement. The provision of the service is paid separately. The client is not obliged to use the post-guarantee. If a service is imposed, you can hold the seller liable and return up to 100% of the cost through the court.

Features of post-warranty service

Post-warranty service is a special form of service for equipment or goods previously purchased from a trade organization or company, which often go beyond the standard obligations to customers of some companies.

What is post-warranty car service? This is a service, additional or just car maintenance. This is a service offered by official car dealers or car manufacturers.

After the end of the factory warranty, a contract is concluded and the car continues to be repaired under similar conditions.

The shorter the mileage and period of use of the car, the lower the cost of post-warranty service.

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Regular scheduled maintenance keeps your vehicle in good technical condition.
What is included in post-warranty service?
In many companies, service after the expiration of the warranty period includes consultation and inspection of the vehicle, computer diagnostics of leading systems, replacement of units and components, their repair, and other necessary measures.

Typically, as part of post-warranty service, periodic inspection and repair, equipment modernization are carried out, spare parts, components, and technical documentation are supplied.

What is post-warranty phone service? This is additional equipment maintenance. The validity period of such a guarantee is counted from the date of expiration of the main warranty period.

What services are included in post-warranty service?

The range of services included in post-warranty service varies depending on the manufacturer. For example, the Nissan Service 3+ program includes:

elimination of engine breakdowns;
gearbox repair;
repair of steering and brakes;
troubleshooting heating and air conditioning systems;
repair of electrical equipment.

However, the program can only be used if the client undergoes timely maintenance and follows the rules for operating the product. In addition, the dealership should be contacted as soon as a person realizes that the car may break down.

Attention

Post-warranty service under the above program does not cover all breakdowns. For example, if the need for repairs arose as a result of an accident, you will not be able to use the service. Due to the limitations present, it is important to study the terms of post-warranty service in detail before signing the contract. The program may not always be beneficial.

Differences from warranty

The differences between warranty and post-warranty service are as follows: warranty service is usually included in the price of the product, post-warranty service is an additional service and is paid separately by the buyer.

Warranty service

Warranty period is the period during which, if a problem occurs in the purchased product, you can make a claim. If a buyer purchased equipment, and after a certain time it stopped serving you, you need to contact the store.

Recommendations before purchasing:

Be sure to make sure that the equipment or other product works. Sellers may not deny this right. If sellers refuse to provide the opportunity to check the serviceability of the goods, it is better to leave the store. This is a money scam.
You need to pay attention to the serial number. It must match the number indicated on the coupon and the number indicated on the product and packaging. If the numbers do not match, warranty service will be denied.

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When it turns out that the product is defective and the warranty period has not expired, you need to contact the store . Despite the seller’s phrase “such a malfunction is not included in the warranty service,” you need to insist on your own.

If the equipment has been used correctly, you can receive warranty repairs. Its duration does not exceed 45 days. Otherwise, the store undertakes to refund the full purchase price or replace the product with a new one.

If the store refuses to comply with legal requirements, you must contact the relevant authorities or court.

During the period of warranty repairs, the buyer must be provided with equipment for temporary use.

What does warranty service include? The warranty period allows the buyer:

make claims to the manufacturer and seller of the goods;
demand troubleshooting of the product, exchange of the product for a similar one, or a full refund;
use the provided product with the same characteristics free of charge during the repair period;
require the seller to pay for the delivery of large-sized goods (more than 5 kg) for repair, replacement or return.

The above rights only apply during the basic warranty period.

Post-warranty service

This type of service (repairs, supply of spare parts, improvement of equipment) is provided for a fee after the manufacturer’s and seller’s warranty expires.
An agreement is concluded for the performance of paid work, a “household contract”, drawn up in writing. The contract is concluded while the factory warranty is valid.

The agreement reflects the following points:

address and name of the company that provides the service;
Full name, telephone number, address of the customer;
date of receipt of the order, timing of the relevant work;
order amount, down payment;
signature of the customer and the employee who accepted the order;
type of service;
name of materials, cost, quantity required to complete the order.

The agreement is drawn up in two copies.

If the contractors do not carry out post-warranty repairs on time, you can:

assign a new deadline for the execution of work for the contractor;
demand a reduction in the cost of the service;
entrust the work to another master and demand reimbursement of expenses from the previous one;
terminate the contract.

Poor quality of post-warranty repairs gives the customer the right to:

free troubleshooting;
reducing the cost of the service;
reimbursement of expenses for correcting errors made by the contractor.

Requirements are fulfilled within 10 working days in accordance with Article 31 of the Law of the Russian Federation “On the Protection of Consumer Rights” . Violation of the deadlines for the performance of services by the contractor obliges to pay a penalty for each overdue day.

For 2021, the penalty rate is 3%. But the total amount does not exceed the cost of the order.

How to terminate the post-warranty service agreement

The consumer has the right to terminate such contract or agreement . He writes a statement to terminate the contract and return the advance payment within a certain period, if it was paid. If the company refuses to return the money, you can sue.

Typically, the terms of service for post-warranty service are determined by the company that sold the product.

Cases when you can request a refund:

Post-warranty is not needed . If it was imposed, you can refuse it and return 100% of the cost (before the start of the additional warranty period). If the additional warranty is valid, you can get a refund in proportion to the unused warranty period. If the guarantee period has expired, the money cannot be returned.
Imposed additional guarantee . It is impossible to condition the purchase of one product (a telephone, for example) on another product (a certificate of post-warranty service) (Article 16 of the Law on the Protection of Consumer Rights). If the seller requires you to buy an additional warranty along with the product, you should leave that store. This is an unlawful demand.
Denial of service . You can get your money back if additional service is refused without reason or if repair deadlines are violated. When filing a claim, you can refer to Articles 28 and 29 of the above law.

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It should be noted that penalties for violating the deadlines for providing repair services are charged for each day (or hour, if the period was determined in hours).

But the consumer’s requirements will not be satisfied if the contractor can prove that the deadlines were violated due to force majeure due to the fault of the consumer.

What products are covered by post-warranty service?

The Law “On the Protection of Consumer Rights” does not regulate the list of goods that are subject to post-warranty service. The company independently decides whether it wants to continue cooperation with the client after the end of the warranty period. Typically, post-warranty service is provided by sellers and manufacturers of the following types of goods:

Vehicle;
complex expensive equipment;
commercial and industrial equipment.

Preparation of contract

It is important to distinguish warranty service from post-warranty service, since the first of them is free. The warranty period implies that the product will not break during this time. It should work properly. But if a breakdown occurs, then this is considered a defect, which the manufacturer or seller is obliged to fix free of charge for the buyer. If this cannot be done due to certain circumstances, then the item must be replaced with a new similar product or the money must be returned.

Basic Rules

To receive high-quality post-warranty service for your money paid, it is important to follow the following rules:

Carry out repairs only in a special service center of the manufacturer or a special organization that has the right under the contract to carry out repairs.
All terms of warranty and post-warranty service are carried out from the moment of purchase of the product, and not from the moment of its manufacture.
If there is any doubt about the cause of the breakdown, an examination of the quality of the product may be appointed. It is produced at the expense of the seller or manufacturer.
Delivery of large goods to service centers is carried out at the expense of one of the parties on the basis of an agreement signed between them.
You can sign a post-warranty agreement at any time while the product is in use and is subject to the manufacturer’s specified lifespan.

By following these rules, any buyer will be able to receive high-quality service for the product and use it throughout its entire service life. The most popular example of the application of such services is the automotive business. All new cars from the manufacturer have a warranty. It is usually expressed as follows:

depending on kilometers;
depending on the time of its use after purchase.

Typically, the warranty period for its service ends when one of these events occurs. After this, the buyer has the right to enter into an agreement on the post-warranty period.

In this case, the manufacturer's representative, usually a dealership, offers the client terms and conditions and the cost of signing such an agreement. Usually all contracts are signed for a year. In addition, the client is given a choice regarding the repair conditions. The cost of the contract is higher, the larger the quantity covered by the warranty extension. For example, if it is important for the owner of a car to extend the warranty on the engine and gearbox, since these are the most expensive parts in the car, then he can sign an agreement only for them.

Post-warranty service

Post-warranty service provides the client with the opportunity to repair the car at official service centers. A citizen will be able to contact any of the organization’s branches located on the territory of the Russian Federation. However, if the client has violated the rules of cooperation, the provision of the service may be refused. For example, this is possible if the repair was not carried out in a special service center, and the citizen did not comply with the rules for using the car.

For your information

Post-warranty service periods are calculated from the date of purchase of the product, and not from the date of its manufacture. In practice, the causes of failure may not always be clear. In this case, an examination may be ordered. It is paid by the seller or manufacturer.

Termination of an agreement

terminate the contract by submitting a corresponding application for termination of the agreement and return of the paid funds. He may make such demands in the following cases:

There is no need for this type of maintenance . The consumer may demand a 100% refund of the amount paid for the additional guarantee if its validity period has not yet expired. After the expiration date, the consumer has the right to return funds in proportion to the unused warranty period. After the expiration of the post-warranty service, funds are not refundable, even if the consumer did not use the paid services (unless otherwise provided by the agreement with the seller).
Imposed additional service . According to Article 16 of Law No. 2300-1, it is not allowed to condition the purchase of some goods on the mandatory purchase of others. That is, if the buyer is forced to purchase a package of additional services along with the main product, then this is a violation of the law. If such a purchase was nevertheless completed, then the consumer has the right to return the imposed service and receive a refund.
Refusal to provide services . If the seller (manufacturer) refuses to fulfill the obligations specified in the post-warranty service agreement or violates the deadline for their fulfillment, then the buyer has the right to refuse such service and demand a refund, referring to Art. 28, 29 of Law No. 2300-1. The buyer may be refused a refund if the deadlines were violated through no fault of the contractor.

How to terminate a post-warranty service agreement?

Article 16 of the Law “On the Protection of Consumer Rights” states that it is impossible to impose additional services on the buyer without allowing them to make a purchase that the citizen wants to make. Such an action is a violation. In this case, you can terminate the post-warranty service agreement and return the money back.

Attention

Another reason for termination of cooperation with the seller when purchasing goods is refusal to provide services. A similar rule applies if the deadlines for fulfilling obligations are violated. In this case, it is permissible to terminate the post-warranty service agreement on the basis of articles of the Law “On Protection of Consumer Rights”. The refund of the amount may be refused if the failure to meet the deadlines was not due to the fault of the contractor.

If a citizen decides to stop cooperating with the seller and terminate the post-warranty service agreement, it is necessary to proceed according to the following scheme:

Make sure there are grounds for terminating the agreement.
Document the existence of grounds. If the reason was the seller’s failure to comply with the repair deadlines, it is necessary to provide documents confirming exactly how the service was received.
Notify the company of termination of the contract and demand a refund.
Wait until the requirements are reviewed. Typically a response is given within 30 days. The period begins to be calculated from the moment the application is received.

If the company refuses to provide the buyer with funds, you can go to court. To do this, it is necessary to prepare a statement of claim taking into account the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation.

Basic rules and actions in case of failure to comply with the terms of the contract

To fulfill the terms of the agreement concluded between the parties for the provision of post-warranty service, the following rules will be required:

repairs and other activities must be carried out in the service specified by the parties in the agreement;
all terms for warranty and post-warranty service are counted from the moment the purchase and sale transaction is completed , and not from the moment the goods are manufactured;
if the seller doubts the cause of a particular defect , he has the right to order an examination;
delivery of goods to the service is carried out at the expense of the party specified in the contract.

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If, when contacting the service, the contractor violates the terms of service specified in the contract, then the consumer can:

set a new date for the provision of the service;
demand a reduction in the cost of work;
terminate the contract.

If post-warranty service was performed poorly, the consumer has the right to demand (Article 29 of Law No. 2300-1):

performing free troubleshooting;
reducing the cost of the service;
reimbursement of expenses associated with the occurrence of shortcomings during the execution of work.

If the contractor refuses to fulfill his obligations under the contract, the consumer has the right to file a complaint with Rospotrebnadzor or go to court.

In the statement of claim, he may demand the return of not only the money for the purchase of post-warranty service, but also collect penalties and penalties (if they were specified in the contract), and also demand compensation for moral damage.

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When is it necessary to conclude a post-warranty service agreement?

The Law “On the Protection of Consumer Rights” does not indicate until what period it is necessary to conclude an agreement on post-warranty service. The specifics of cooperation within the framework of such an agreement are regulated by internal regulatory organizations. Usually the contract is concluded while the factory warranty is valid. This means that you can sign an additional agreement even on the day of purchase, even on the last warranty day. However, the cost of the service may depend on the moment the paper is issued. The less the object was used, the lower the cost of post-warranty service will be.