How to protect your rights in a car service (Chevrolet Orlando 1)

Visiting a car service center is, unfortunately, an expensive affair. However, excess spending is not inevitable. And in order to avoid them and, in general, act adequately in all possible conflict situations, sometimes it is enough to just know your rights and the responsibilities of the opposite party well. Below is exactly what this is about.

To begin with, a few terms and definitions (see "Law on the Protection of Consumer Rights" Art. 18, Federal Law No. 196-FZ of 10.12.1995 "On Road Safety", Civil Code of the Russian Federation):

• "consumer" - a citizen intending to order, or ordering, or using services (work) for the maintenance and repair of motor vehicles exclusively for personal, family, household and other needs related to the implementation of entrepreneurial activities;
• "Contractor" - an organization regardless of its organizational and legal form, as well as an individual entrepreneur, providing services to consumers (performing work) for the technical maintenance and repair of motor vehicles under a contract for compensation (hereinafter referred to as the contract).
• shortage of goods (works, services) - product non-conformity (works, services) or mandatory requirements provided by law, or in the manner established by it, or the terms of the contract (in the absence of these or incomplete conditions, the requirements usually imposed), or the purposes for which the goods (work, service) of this kind is usually used, or for the purposes for which the seller (executor) was made known to the consumer when concluding the contract, or to the sample and (or) description when selling goods by sample and (or) by description;

Example: The rubber boots I bought are leaking. The goods are not fit for the purposes for which they (the boots) are normally used. But it is possible to eliminate the leak: cheaply and quickly.

• significant defect of the goods (works, services) - an irreparable defect or deficiency. which cannot be eliminated without disproportionate expense or time, or is detected repeatedly, or reappears after its elimination, or other similar defects;

Example: The same purchased rubber boots from the previous example cannot be repaired, or they can be, but the repair will be very expensive and will take a very long time; winter will soon come.

• warranty period is the period during which the contractor undertakes to ensure that the quality of the service result corresponds to the terms of the contract and is liable to the customer for any deficiencies identified in it;
• maintenance and repair of a vehicle are carried out for the purpose of maintaining it in good condition, in accordance with the standards, rules, procedures for maintenance and repair established by the manufacturer, taking into account the operating conditions;

Regulatory documents governing the relationship between the car owner (consumer) and car service (performer)

• Civil Code of the Russian Federation.
• Law of the Russian Federation "On the Protection of Consumer Rights" (Law of the Russian Federation of 07.02.1992 No. 2300-1).
• Rules for the provision of services (execution of works) for technical maintenance and repair of motor vehicles (RF Government Resolution of 11.04.2001 No. 290 (as amended on 23.01.2007).

A visit to a car service center can be divided into several main stages.

Step #1 - find a car service that will repair your car inexpensively, quickly and efficiently. "Cheap doesn't mean good" is a popular saying, but unfortunately, even an official car dealer does not guarantee 100% quality of the car repair service. (See previous material).



Step #2 - properly submit your car for repair.

Articles 8 and 9 of the Law of the Russian Federation of 07.02.1992 Np 2300-1 "On the Protection of Consumer Rights" establish the obligation to provide the consumer with the necessary and reliable information about the manufacturer (performer, seller), its operating mode and the products sold (works, services), as well as information on state registration and the name of the body that registered it. Information for the consumer is usually placed on a special stand - the so-called "consumer corner". It must be placed in the room where orders are received, in a convenient place for viewing and must contain:

• A copy of the certificate of state registration of a legal entity or individual entrepreneur.
• A copy of the Certificate of Tax Registration.
• Copies of certificates of conformity for the performance of work on the maintenance and repair of vehicles, machines and equipment.
• List of services provided by this car service.
• Prices for services provided (work performed), as well as the prices of the recording parts and materials used in this process and information on the procedure and form of payment.
• Warranty periods, if any.
• Information about the location of the book of reviews and suggestions.
• Information about the parent organization (if available).
• The address and telephone number of the consumer protection department of the local government body, if such a department exists.

According to Federal Law No. 128 of 08.08.2001 as amended on 29.12.2010 "On licensing of certain types of activities", activities related to the repair and maintenance of motor vehicles are not subject to licensing.



Carefully read the list of services provided by the car service. If it does not list the names of the work that needs to be done on your car, then it is better to look for another car service. Why? Let's say you bought spare parts for repairs yourself, but during the installation process it turned out that the part was defective or, even worse, it was destroyed during installation by the auto service technicians. If the product loses its marketable appearance, it will not be so easy to return the defective part to the store. This is due to the fact that when a defective part is detected, the manufacturing plants have requirements that must be met in order for the seller to be able to return the part back to the plant or importer.

It would not be a bad idea to ask for a book of comments and suggestions (available upon request). Scroll through, pay attention to customer complaints and the measures taken by the responsible persons of this car service. All organizations and individual entrepreneurs that provide vehicle repair services must comply with the Decree of the Government of the Russian Federation No. 2901 of 11.04.2001 as amended. dated 23.01.2007) "On approval of the Rules for the provision of services (execution of works) on technical maintenance and repair of motor vehicles" (hereinafter referred to as the "Rules"). This document must also be provided to the consumer for review at his first request. Ask the car service employee to show you a sample contract for the performance of car maintenance and repair work. The contract is concluded in writing (work order, receipt or other document) and must contain:

• Information about the parties to the contract (remember the consumer corner? Check whether the name of the "Contractor" or "Executor" in the contract matches the information on the stand).
• Characteristics of the customer's vehicle (make, model, state registration plate, numbers of main units, price of the vehicle at the time of conclusion of the contract, determined by agreement of the parties.
• Date of order acceptance, terms of its execution. In case the provision of services (execution of works) is carried out in parts during the term of the contract, the contract must accordingly provide for the terms (periods) for the provision of such services (execution of such works). By agreement of the parties, the contract may also provide for intermediate deadlines for the completion of individual stages of service provision (execution of works);
• Price of the service provided (work performed), as well as the procedure for its payment;
• List of services provided (work performed), list of spare parts and materials provided by the contractor, their cost and quantity;
• A list of spare parts and materials provided by the consumer, indicating information on mandatory confirmation of their compliance with mandatory requirements, if such requirements are established by federal laws or in the manner established in accordance with them, in particular standards;
• Warranty periods for work results, if any;
• Position, last name, first name, patronymic of the person accepting the order (drawing up the contract), his signature, as well as the consumer's signature;
• Other necessary data related to the specifics of the services provided (work performed).

Motor vehicle (unit, assembly), items coming in for maintenance or repair must be clean, (if a car wash is required, the car service can wash the car at the owner's expense, or at its own expense).



The car service employee accepts your car according to the acceptance certificate, which reflects the actual technical condition at the time of its acceptance, indicates its completeness, visible external damage and defects, which are determined and recorded by you together with the car service employee.

These are very important procedures! Inspect your car carefully, do not rush. Upon receiving the car from repair, it will be very difficult to prove the fact that a new scratch or small dent appeared due to the fault of the car service.

The act also contains information about the provision of spare parts and materials by you, indicating their exact name, description and price. We read the acceptance certificate. If everything is written correctly, we sign it.

Important: forms of primary documents (work order, acceptance certificate, coupon) are advisory in nature, so each car service center may have its own type.

When placing orders for maintenance and repair of vehicles, it is prohibited to confiscate any documents from the owners (vehicle registration certificates, powers of attorney, insurance policies)

Certain types of work may be processed by issuing a receipt, token, coupon, or cash register receipt. Such work may include, for example, wheel balancing, washing, checking wheel alignment angles, etc. - that is, work performed in your presence.

Car repairs and maintenance are carried out within the timeframes that the car service agrees with you. Below we provide average statistical data on the time it takes to complete work, excluding the time it takes to deliver spare parts:

• maintenance - usually no more than 1 day;
• engine, suspension, electrics diagnostics - 1-2 hours;
• current repairs (except for the body) - 10 days;
• engine repair (capital) — 2-5 days;
• exterior body painting with removal of old paint - 15 days;
• exterior body painting without removing old paint - 10 days;
• full body painting with removal of old paint - 20 days;
• full body painting without removing old paint - 16 days;
• sheet metal welding work - 20 days;
• complex sheet metal welding work - 30 days;
• sheet metal welding work followed by painting - 35 days;
• complex sheet metal welding work followed by painting - 50 days.

Let us emphasize that the figures given above are approximate; in each specific case, it is necessary to clearly stipulate and specify the repair deadlines in the work order.

You have the right to refuse the services of the car service and demand compensation for damages if the car service did not complete the work within the timeframe specified in the work order, or set a new deadline by which all work must be completed. However, it should be noted that if the car service proves that it was not at fault for the delay, then it will not bear liability.

The car service must suspend work and immediately notify you in the event of:

• detection of unsuitability or poor quality of spare parts and materials received from the customer;
• if compliance with the customer's instructions and other circumstances dependent on the customer may reduce the quality of the work performed or result in the impossibility of completing it on time.

In turn, the car service has the right to terminate the contract with you and demand full compensation for damages if you do not take measures to eliminate the above reasons within a reasonable time.

The car service does not have the right to provide additional services for a fee without your consent. It is prohibited to provide some services with the obligatory performance of others. (For example, replacing the engine air filter should only be done when replacing the cabin filter).

A car service worker may either intentionally or through carelessness not perform all the work specified in the work order. An engine air filter that is not replaced on time may lead not only to increased fuel consumption, but also to more serious problems. Your presence next to the car during the repair process will prove to be an effective measure.

By law (art. 715 of the Civil Code of the Russian Federation) it is envisaged that the Consumer has the right to check the progress and quality of the provision of services at any time (execution of works), without interfering with the performer's activities. The contractor is obliged to ensure that the consumer is able to be in the production premises, taking into account compliance with the technological operating mode, safety regulations, fire safety and industrial sanitation (p. 31 of the Rules).

Step #3 - properly accept the car from repair.

To receive the vehicle, you must provide a copy of the acceptance certificate and the work order. First of all, you must carefully inspect the vehicle for completeness, external damage, and compare, if possible, the volume of work performed with the list specified in the work order. All claims regarding completeness or replacement of individual components of the vehicle must be submitted right now - before signing the acceptance certificate. This does not apply to defects that cannot be detected during a routine inspection.

Now about the warranty periods. Warranty periods are set for the work (are installed by a car service) and for spare parts (are installed by the manufacturer). Below are the established warranty periods for car service work:

• for maintenance work (replacement of liquids, filters, etc.) — within 20 days with a mileage of no more than 1000 km;
• for current repair work (replacement of brake pads, etc.) — within 30 days with a mileage of no more than 2000 km;
• for repair work on the body and its elements - within 6 months;
• for full and partial painting work - within 6 months.

The warranty period is extended for the duration of warranty work to eliminate the defect of the part, mechanism, etc.

Actions of the consumer in case of improper fulfillment of the terms of the contract by the car service.

a) Failure to comply with the agreed deadlines for completion of work.

In this case, you have the right to:

• assign a new deadline to the performer;
• entrust the performance of work to third parties for a reasonable price or perform the work yourself and demand that the contractor reimburse the costs incurred;
• demand a reduction in the price for the work performed;
• refuse to perform a contract;
• also demand full compensation for damages caused to you due to the violation of deadlines for the completion of work.

Let us clarify some points:

• entrust the performance of work to third parties for a reasonable price. A reasonable price is understood to be a price "located" between the agreed cost of work at the car service and the cost of work at third parties (i.e. in another car service) and generally acceptable for the type of work in question.
• Also demand full compensation for damages. Losses are expenses that you have incurred or will have to incur due to deficiencies in the services provided by the car service. For example, unskilled repairs resulted in the replacement of expensive parts.

The contractor's liability for violation of the agreed deadlines for the performance of work

In case of violation of the established deadlines for the performance of repair work, the contractor shall pay the consumer a penalty (fine) for each day of delay in the amount of 3% of the cost of performing the work on repairing the vehicle. The contract may establish a higher amount of penalty (forfeit). The amount of penalty (forfeit) cannot be greater than the total cost of the car repair work.

In case of detection of deficiencies in the work performed.

Claims related to deficiencies in the work performed may be presented upon acceptance of the work performed, during the course of the work, or, if it is impossible to detect deficiencies upon acceptance of the work performed, within the warranty period, or, in its absence, within a reasonable period, within two years from the date of acceptance of the work performed.

Important! Establishing new deadlines, changes in the list of work performed, discovered deficiencies, etc. must be made in writing in 2 copies (one for you and one for the car service). When submitting applications, notifications, and claims, the employee of the auto service center accepting the documents must indicate the current date, sign, decipher the signature, and stamp the organization on your copy.

If it is impossible to resolve the disagreements that have arisen between you and the car service center through negotiations, then it is necessary to file a claim in the pre-trial procedure (is made in 2 copies, one of which remains with you) addressed to the head of the car service, which must indicate:

• The exact name of the company, its address. This information must be indicated in the documents, which must be located in the "Consumer Corner".
• Your details: full name, address, telephone number.
• The essence of the conflict situation that has arisen.
• For the fastest solution (an expert assessment may be required) please indicate one of the most significant, in your opinion, facts of poor quality service.
• Your requirements: refund of money, cost of service (of your choice).
• The deadline for fulfilling the requirements set out in the claim is 10 working days, which is sufficient in most cases
• Date and signature.

The warranty repair of the car should not exceed 45 days. In this case, the lack of spare parts necessary for the repair (parts, materials), equipment or similar reasons are not grounds for concluding an agreement on a new term between the consumer (you) and the contractor (car service) (see Article 20 of the Law "On Protection of Consumer Rights").

If you are denied warranty repairs at an official dealer's service center.

Option #1:

• receive a written refusal of warranty repairs;
• send a letter to the representative office of the car brand in Russia with a refusal from the dealer attached;
• wait for a response from the brand representative;

In this case, the employees of the brand's representative office will check the validity of the dealer's refusal to provide warranty repairs.

Option #2:

• receive a written refusal of warranty repairs;
• contact an automotive expert organization to conduct an independent automotive technical examination;
• notify the official dealer of the time and place of the examination by telegram;
• get expert report;
• send a letter to the representative office of the brand with a copy of the expert's report, a copy of the telegram sent to the dealer;
• file a claim with the dealer, attaching a copy of the letter sent to the brand's representative office;
• if the demands set out in the claim are denied, go to court.

The decision whether a repair is covered by warranty or not is made by the dealer. If you have doubts about the dealer's actions, then you can act according to option No. 1. If the dealer refers to the fact that the refusal of warranty repair was made after agreement with the representative office of the brand, then you can act according to option No. 2.

Why is it necessary to follow the procedure for filing a claim? According to paragraph 6 of Article 13 of the Law "On the Protection of Consumer Rights", if the court satisfies the consumer's demands, the court will collect a fine from the contractor - for failure to voluntarily satisfy the consumer's demands. The amount of the fine will be 50% of the amount awarded by the court in favor of the consumer. Therefore, there is a possibility that the presence of a claim will force the car service to fulfill its obligations in full and on time.

If the dispute cannot be resolved out of court, the next step is to go to court. Claims for the protection of consumer rights may be filed, at the plaintiff's discretion, in a court at the location of:

• location of the organization, and if the defendant is an individual entrepreneur, his place of residence;
• residence or stay of the plaintiff;
• conclusion or execution of a contract.

If a claim against an organization arises from the activities of its branch or representative office, it may be filed in the court at the location of its branch or representative office

State protection of consumer rights is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor). The basis for conducting an inspection of the activities of legal entities and individual entrepreneurs is a citizen's appeal to the territorial body of Rospotrebnadzor.

How expensive will litigation be for you and how long will it take?

According to Art. 88 of the Code of Civil Procedure of the Russian Federation, legal costs consist of state fees and expenses associated with the consideration of the case. Consumers are exempt from paying state fees for claims related to violation of their rights in accordance with the legislation of the Russian Federation on taxes and fees. According to Art. 94 of the Civil Procedure Code of the Russian Federation, costs related to the consideration of a case include:

• amounts payable to witnesses, experts, specialists and translators;
• expenses for payment of translation services incurred by foreign citizens and stateless persons, unless otherwise provided by an international treaty of the Russian Federation;
• travel and accommodation expenses of the parties and third parties incurred by them in connection with their appearance in court;
• expenses for payment of services of representatives;
• costs of conducting an on-site inspection;
• compensation for actual loss of time in accordance with Article 99 of the Civil Procedure Code of the Russian Federation "collection of compensation for loss of time";
• postal expenses incurred by the parties in connection with the consideration of the case;
• other expenses recognized by the court as necessary.

The average cost of drafting a statement of claim is from 10,000 rubles, the average cost of participation of a lawyer representing your interests in one court hearing is from 8,000-11,000 rubles. How many court hearings there will actually be can only be predicted, but such cases, as a rule, do not fit into one court hearing. If the court decision is in your favor, it will only come into legal force after 10 days. During this period, the defendant has the right to appeal the court decision in accordance with the procedure provided for by the Civil Procedure Code of the Russian Federation.

To resolve technical issues, the court appoints an expert examination. The examination may be entrusted to a forensic institution or a specific expert. The cost of an examination can be up to several tens of thousands of rubles, depending on its complexity

According to Art. 98 of the Code of Civil Procedure of the Russian Federation, the court shall award compensation to the party in whose favor the court decision was made, in full or in part, to the other party.

Therefore, if the court decides in your favor, the legal costs you incurred will be recovered from the defendant, i.e. from the car service center.

Important! Keep documents confirming that your car is being repaired, payment for work (services), payment for spare parts, etc.

Keep even receipts for taxi services if you had to use one because the car service failed to meet the deadlines for repairing your car.

Conflict situations between the car owner and the dealer are often resolved out of court, through consultations with the car dealer's legal department (car service). In such cases, it is the qualified actions of a lawyer that prevent the clarification of relations from being transferred to the courtroom. If it is still not possible to reach an agreement, the issue is resolved in court.

For details, visit the website ChevyMan